§ 1081.105 - Assignment, substitution, performance, disqualification of hearing officer.

§ 1081.105 Assignment, substitution, performance, disqualification of hearing officer.

(a) How assigned. In the event that more than one hearing officer is available to the Bureau for the conduct of proceedings under this part, the presiding hearing officer shall will be designated by the chief hearing officer, who shall will notify the parties of the hearing officer designated.

(b) Interference. Hearing officers shall will not be subject to the supervision or direction of, or responsible to, any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for the Bureau, and all direction by the Bureau to the hearing officer concerning any adjudication proceedings shall must appear in and be made part of the record.

(c) Disqualification of hearing officers.

(1) When a hearing officer deems himself or herself the hearing officer disqualified to preside in a particular proceeding, he or she shall the hearing officer must issue a notice stating that he or she the hearing officer is withdrawing from the matter and setting forth the reasons therefore.

(2) Any party who has a reasonable, good faith basis to believe that a hearing officer has a personal bias, or is otherwise disqualified from hearing a case, may make a motion to the hearing officer that the hearing officer withdraw. The motion shall must be accompanied by an affidavit setting forth the facts alleged to constitute grounds for disqualification. Such motion shall must be filed at the earliest practicable time after the party learns, or could reasonably have learned, of the alleged grounds for disqualification. If the hearing officer does not disqualify himself or herself within ten days, he or she shall the hearing officer within 14 days, the hearing officer must certify the motion to the Director pursuant to § 1081.211, together with any statement he or she the hearing officer may wish to have considered by the Director. The Director shall must promptly determine the validity of the grounds alleged, either directly or on the report of another hearing officer appointed to conduct a hearing for that purpose, and shall will either direct the reassignment of the matter or confirm the hearing officer's continued role in the matter.

(d) Unavailability of hearing officer. In If the event that the hearing officer withdraws or is otherwise unable to perform the duties of the hearing officer, the chief hearing officer or the Director shall will designate another hearing officer to serve.