HAR §16-201-20. Disqualification of member of authority or hearings officer

(a) No matter shall be heard by a member of the authority or by a hearings officer who: (1) Has any direct pecuniary interest in the matter being heard; (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 proceeding or has participated in the development of the evidence to be introduced in the proceeding; or (4) Has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceeding which will prevent a fair hearing by the member of the authority or hearings officer. (b) Any member of the authority or hearings officer may be disqualified from hearing the matter sua sponte, or upon motion of any party. Any motion to disqualify a member of the authority or hearings officer shall be filed and decided before the evidentiary portion of the hearing. [Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS §§91-2, 26-9) (Imp: HRS §§91-2, 26-9) - 11 -