Presiding officer.

(1) In matters involving an adjudicative proceeding, the director will designate the presiding officer. The presiding officer may be: (a) An administrative law judge assigned by the office of administrative hearings under the authority of chapter 34.12 RCW; or (b) The deputy director; or (c) An assistant director; or (d) A staff person trained to act as a presiding officer in adjudicative proceedings. (2) A person who has served as an investigator, prosecutor, or advocate in any stage of an adjudicative proceeding or someone who is subject to the authority or direction of such a person, may not serve as a presiding officer in the same proceeding. (3) The presiding officer has the authority to: (a) Determine the order of presentation of evidence; (b) Administer oaths and affirmations; (c) Issue subpoenas; (d) Rule on procedural matters, objections, and motions; (e) Rule on offers of proof and receive relevant evidence; (f) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter; (g) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by all parties; (h) Take any appropriate action necessary to maintain order during the hearing; (i) Permit or require oral argument or briefs and determine the time limits for their submission; (j) Take any other action necessary and authorized by any applicable statute or rule; (k) Waive any requirement of these rules unless a party shows that they would be prejudiced by such a waiver. [Statutory Authority: RCW 43.01.160 and 43.17.060 . WSR 24-22-021, s 16-08-021, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 34.05 RCW. WSR 11-20-047, § 16-08-021, filed 9/29/11, effective 10/30/11; WSR 95-18-008 (Order 5081), § 16-08-021, filed 8/23/95, effective 9/23/95. Statutory Authority: RCW 34.05.425 . WSR 93-10-059, § 16-08-021, filed 4/30/93, effective 5/31/93. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-021, filed 11/15/91, effective 12/16/91.]