Section 9-8 - Hearing Officer (a) The Department shall appoint a Hearing Officer to preside over each contested case hearings on a case-by-case basis, or for schedules period of time, as she sees fit.
(b) The Hearing Officer shall be an individual or individuals determined by the Department to be qualified to serve in such a capacity, who has not taken part in the investigation, preparation, or earlier disposition of the case to be heard. - (i) The Hearing Officer shall withdraw himself from consideration of a case at any time he deems himself disqualified. Withdrawal shall be made in writing to the Department.
- (ii) Any party may request in writing that the Department remove and replace the Hearing Officer in a contested case. This request must be accompanied by a statement and affidavits, setting forth the alleged grounds for disqualification. The Department may deny a party's request for removal and shall issue a written statement explaining grounds for his denial which shall be made part of the record. If the request is granted, the Department shall appoint a new Hearing Officer as soon as is practicable.
- (iii) The Contestant may object to the appointment of the Hearing Officer in the record at the hearing. The objection shall set forth the alleged grounds for disqualification.
(c) The Hearing Officer shall have all powers necessary to conduct a fair and impartial hearing, including but not limited to the following authority: - (i) To administer oaths and affirmations;
- (ii) To subpoena witnesses and require the production of any books, papers or other documents relevant or material to the inquiry;
- (iii) To rule upon offers of proof and relevant evidence;
- (iv) To provide for discovery and determine its scope;
- (v) To regulate the course of the hearing;
- (vi) To schedule conferences for the settlement and to hold conferences for simplifications of the issues;
- (vii) To dispose of procedural requests or similar matters; and
- (viii) To take any other action authorized by the Department's rules.
(d) Failure or refusal to appear or obey orders of the Hearing Officer may result in the sanctions provided in W.S. 16-3-107(c) and (f).