| (a) A hearing officer presiding over a hearing shall
have all powers necessary and appropriate to conduct a full, fair,
and impartial hearing. Hearing officers shall remain independent and
impartial in all matters regarding the handling of any issues during
the pendency of a case and in issuing their written decisions.
(b) A hearing officer shall be disqualified if the
hearing officer has a personal interest in the outcome of the appeal
or if the hearing officer directly or indirectly participated in the
determination on appeal. Any party may present facts to the Agency
in support of a request to disqualify a hearing officer.
(c) The hearing officer may withdraw from a hearing
to avoid the appearance of impropriety or partiality.
(d) Following any disqualification or withdrawal of
a hearing officer, the Agency will assign an alternate hearing officer
to the case. The alternate hearing officer shall not be bound by any
findings or conclusions made by the disqualified or withdrawn hearing
officer.
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