1. (a) The hearing officer, designated by the Director, shall conduct proceedings on emergency claims disputes governed by this article.

2. (b) The hearing officer may:

   1. (1) Administer oaths and affirmations.
   2. (2) Issue subpoenas and subpoenas duces tecum authorized by this article.
   3. (3) Determine the order in which evidence shall be received.
   4. (4) Control the taking of evidence as appropriate to ascertain the facts and safeguard the rights of the parties.
   5. (5) Rule on offers of proof.
   6. (6) Question any witness and call and examine additional witnesses in order to fully develop the hearing record.
   7. (7) Dispose of procedural requests or similar matters.
   8. (8) Take other action authorized by law.

3. (c) The hearing officer shall voluntarily withdraw and be disqualified from any proceedings in which the hearing officer:

   1. (1) Cannot give a fair or impartial hearing.
   2. (2) Has an interest.
4. (d) Any party may request the disqualification of a hearing officer by filing an affidavit stating in detail the grounds for disqualification. The Department's Chief Counsel shall investigate the allegations and render a written decision, copies of which shall be mailed to all parties. The Chief Counsel need not investigate or respond to the allegations if the Director designates another hearing officer.

Note: Authority cited: Sections 14312 and 14454, Welfare and Institutions Code. Reference: Section 14454, Welfare and Institutions Code.

History

1. Amendment filed 10-11-85; effective thirtieth day thereafter (Register 85, No. 41).