HAR §21-1-4
HAR §21-1-4. Disqualificatio11 of commissioners; bias or prejudice
Length: 191 wordsOfficial source
Cite as Haw. Code R. § 21-1-4
(a) Any
party to a matter before the commission may make And file an affidavit or
declaration that one or more of the commissioners before whom the matter is
pending has a personal bias or prejudice. Every affidavit or declaration shall state
the facts and reasons for the belief that bias or prejudice exists and shal I be filed
as soon as practicable, but no later than ten days before aJ1y contested case
hearing, or good cause shall be shown for the failure to do so.
(b)
The commissioner against whom the affidavit or declaration is
filed may answer the affidavit or declaration or may recuse from the matter. If the
commissioner chooses to answer the affidavit or declaration, the remaining
commissioners shall decide whether that commissioner should be disqualified
from proceeding therein.
(c)
A l any time, commissioners may disqualify themselves by
informing the other commissioners and/or the executive director that they deem
themselves unable for any reason to participate with absolute impartiality in the
pending matter. [Eff July 13, 1981; mn and comp NOV 2 8 2020
l
(Auth: HRS §§84-3 l (a)(5), 97-6(a)(5)) (lmp: HRS §§84-3 1, 97-6)