The Board may preside or may designate any other person to preside over any hearing held in any adjudicative proceeding. The term "hearing officer" as used in this section includes the Board when presiding over a hearing. (1) Powers and duties. Hearing officers shall have the duty to conduct fair and impartial hearings, and the power to take all necessary action to avoid delay in the disposition of proceedings and to maintain order. Hearing officers shall have all powers necessary to these ends, including the authority to administer oaths; to examine witnesses; to rule upon the admissibility of evidence; to rule upon motions; and to regulate the course of the hearing and the conduct of the parties and counsel. (2) Disqualification. If hearing officers determine they should be recused from a particular hearing, they shall withdraw from the proceeding by giving notice on the record and by notifying the Board of the withdrawal. Whenever any party shall deem the hearing officer to be disqualified to preside in a particular hearing, the party may file with the Board a motion to disqualify and remove the hearing officer which motion shall be supported by affidavits setting forth the alleged grounds for disqualification. A copy of the motion shall be served by the Board on the hearing officer who shall have 10 days within which to reply. If the hearing officer contests the alleged grounds for disqualification, the Board shall promptly determine the validity of the grounds alleged, such decision being determinative of the issue. (3) Substitution of hearing officer. If the hearing officer is disqualified, dies, becomes disabled, or withdraws during any proceeding, the Board may appoint another hearing officer who may perform any function remaining to be performed without the necessity of repeating any proceedings in the case. |
