16 Del. Admin. Code § 5000-5606
7 CFR 273.15(m), 42 CFR 431.240(a)(3), 45 CFR 205.10(a)(9)
This policy applies to every hearing officer, appellant, appellant's authorized agent, and agency staff involved in the hearing. It applies to any public assistance program administered by the Division of Social Services or the Division of Medicaid & Medical Assistance.
The hearing officer must be impartial with no personal stake or involvement in the case. The hearing officer is prohibited from having any involvement in the initial determination of the action in question.
The appellant, the appellant's authorized agent, or the agency employee may ask the hearing office to disqualify himself or herself from the hearing. This could happen if they believe the hearing officer has an interest in or prejudice against an issue of the hearing.
If a hearing officer is disqualified, the officer will immediately notify the Director of the Division of Social Services. The Director will promptly appoint a new hearing officer.
16 Del. Admin. Code § 5000-5606