HAR §5-1-35. Disqualification of presiding officers

(a) A presiding officer shall be disqualified from 1-12 §5-1-35 deciding a contested matter if the presiding officer: (1) Has a substantial financial interest, as defined by section 84-3, Hawaii Revised Statutes, in a business or other undertaking that will be directly affected by the decision of the contested case; (2) Is related within the third degree by blood or marriage to any party to the proceeding or any party's representative or attorney; (3) Has participated in the investigation preceding the institution of the contested case proceedings or has participated in the development of the evidence to be introduced in the hearing; or (4) Has a personal bias or prejudice concerning a party that will prevent a fair and impartial decision involving that party. (b) A presiding officer shall withdraw from further participation in the proceedings upon discovery of a disqualifying conflict of interest or bias if the factual circumstances are undisputed. If the allegation of a disqualifying conflict of interest or bias is not clearly substantiated, the presiding officer need not voluntarily withdraw and the party seeking the disqualification may file a motion to disqualify the presiding officer. The motion shall be filed and decided before the evidentiary portion of the hearing on the contested matter to be decided. If a presiding officer designated by the director is disqualified, the director shall designate another representative to serve as the presiding officer. If the disqualified presiding officer is the director, the director shall designate a representative to serve as the presiding officer whose findings of fact, conclusions of law, and decision and order shall be final and binding on the director without the director's review and concurrence, notwithstanding section §5-1-34(a). [Eff Jan. 16, 1993] (Auth: HRS §§28-10.8, 91-2) (Imp: HRS §§84-14, 91-9)