HAR §12-46-34. Absence of hearings examiner

When a complaint has been assigned to a hearings examiner for hearing, the powers and duties to be performed by the hearings examiner in connection with the proceeding, without abatement of the proceeding, may be assigned to another hearings examiner, provided no hearings examiner shall render a written decision to the commission unless that hearings examiner was present at all arguments and the presentations of evidence concerning those matters. [Eff 12/31/90; comp ] (Auth: HRS §§91-2, 368-3) (Imp: HRS §§91-2, 368-3) Lj 6-3 9 ( §12-46-35 Disqualification of hearings examiner or commissioner. (a) No matter shall be heard by a hearings examiner or commissioner who: (1) Has any pecuniary interest in the matter being heard; (2) Is related within the third degree by blood or marriage to any party to the proceeding; (3) Has initiated the complaint of the proceeding, has participated in the investigation preceding the institution of the proceeding or has participated in the development of the evidence to be introduced in the proceeding; (4) Has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (5) or Has served as a lawyer in the matter in controversy, or a lawyer with whom the hearing's examiner or commissioner previously practiced law, served during such association as a lawyer concerning the matter, or such lawyer, hearings examiner, or commissioner has been a material witness concerning it. (b) A hearings examiner or commissioner may be disqualified from hearing a matter sua sponte, or upon motion of any party. Any motion to disqualify a hearings examiner or commissioner shall be filed and decided prior to the evidentiary portion of the hearing. [Eff 12/31/90; comp ] (Auth: HRS §§91-2, 368-3) (Imp: HRS §§91-2, 368-3)