Current through December 26, 2024
Section 220-RICR-50-10-2.22 - Disqualification; Incapacity of Hearing OfficerA. Disqualification. Any Party may make a motion to the Director or Hearing Officer requesting that the Hearing Officer be disqualified or removed from the proceeding. The motion shall be accompanied by an affidavit setting forth the reasons for the request to disqualify. In the event that the motion to disqualify is granted, another Hearing Officer shall be assigned to the matter. If the Hearing Officer denies a motion to disqualify, the moving Party may appeal to the Director.B. Incapacity. When the Hearing Officer becomes incapacitated or unavailable to complete a hearing and/or render a decision, the hearing shall continue and be conducted by and/or the decision rendered by a substitute Hearing Officer appointed by the Director. If any Party objects to the substitution of the Hearing Officer for the purpose of continuing a hearing or rendering a decision, that Party must prove prejudice by presentation of argument and evidence to the substitute Hearing Officer. If the substitute Hearing Officer finds that the objecting Party will be prejudiced, the substitute Hearing Officer will issue an order making such findings and will hear the matter de novo.220 R.I. Code R. 220-RICR-50-10-2.22