Hearing Officer Assignment

ELC 10.2 HEARING OFFICER ASSIGNMENT (a) Assignment. The chief hearing officer assigns a hearing officer, from those eligible under rule 2.5. (b) Disqualification and Removal. (1) Removal Without Cause. Either party is entitled to have an assigned hearing officer removed, without establishing cause for the removal, by filing a written request with the Clerk within ten days after service on the respondent of that officer’s assignment. A party may only once request removal without cause in any proceeding. (2) Disqualification for Cause. Either party may move to disqualify any assigned hearing officer for good cause. A motion under this subsection must be filed promptly after the party knows, or in the exercise of due diligence should have known, of the basis for the disqualification. (3) Notice to Chief Hearing Officer. The Clerk must promptly provide copies of requests or motions for removal or for disqualification to the chief hearing officer. (4) Decision. The chief hearing officer decides all requests for removal and disqualification motions, except the Chair decides a request to remove or disqualify the chief hearing officer. The decision of the chief hearing officer or Chair on a request for removal or a motion to disqualify is not subject to interim review. After removal or disqualification of the assigned hearing officer, the chief hearing officer assigns a replacement. [Adopted effective October 1, 2002; Amended effective January 1, 2014.]