Section 6-23-45 - Disqualification of board member or hearing officer(a) No matter shall be heard by a member of the board or by a hearing officer who: (1) Has any direct financial interest in the matter being heard;(2) Has personally and substantially participated:(A) In an investigation relating to the institution of the proceeding; or(B) In the development of the evidence to be introduced in the proceeding; or(3) Is related within the third degree by blood or marriage to any party to the proceeding or any party's representative or attorney.(b) A board member or hearing officer may be disqualified from the case upon motion of a party or at the presiding officer's discretion, only upon a preponderance of the evidence showing grounds for disqualification. A motion to disqualify a board member or hearing officer shall be filed and decided prior to the hearing. An order granting or denying a motion to disqualify shall contain separate findings of fact and conclusions of law. [Eff and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 91-2, 92-16)