HAR §14-22.1-5
HAR §14-22.1-5. 22
Length: 221 wordsOfficial source
Cite as Haw. Code R. § 14-22.1-5
1-3
person first obtains a written consent from
the board.
This subsection shall not apply to any individual
or agency that has terminated association with the
board for a period of one year. [Eff ]
(Auth: HRS §91-2) (Imp: HRS §§91-2, 91-9, 76-47)
§14-22.1-3 Disqualification of board member,
hearing officer or other staff. Any party to a hearing
may file an affidavit that one or more of the board
members, subject matter experts, legal counsels, or a
hearing officer has a personal bias or prejudice. The
affidavit shall state the facts and reasons for the
belief that bias or prejudice exists and shall be filed
at least five days before the hearing, or good cause
shall be shown for the failure to file it within that
time. The person against whom the affidavit is so
filed may answer the affidavit or may file a
disqualifying certificate with the board. If the
person chooses to answer the affidavit, the board shall
decide by a majority of all the members (or the
remaining members, where a board member is involved)
whether that person should be disqualified from
proceeding therein. Any person may file with the
chairperson a certificate providing that the person is
unable, for any reason, to participate with
impartiality in the pending hearing.
[Eff ] (Auth: HRS §91-2) (Imp: HRS
§91-2)