HAR §5-34-11. Disqualification of hearings officer

(a) A hearings officer may disqualify himself or herself when the hearings officer's impartiality might reasonably be questioned, including, but not limited to instances where: (1) The hearings officer has a financial interest in the subject matter in controversy or in a party to the proceeding such that the outcome of the proceeding will be substantially affected; or (2) The hearings officer or his or her spouse is related to a party to the proceeding within the third degree. (b) A hearings officer shall not be disqualified if after disclosing the basis of disqualification on the record, all parties agree the officer may nevertheless preside. [Eff 2/13/89; am and comp Oct 34-6 §5-34-13 31, 1991; am and comp DEC 24 2001 ] (Auth: HRS §91-2) (Imp: HRS §91-2)