- (a) The chair shall preside over hearings and pre-hearing conferences.
- (b) Upon the chair’s own initiative, or upon the motion of any party or intervenor, the chair shall withdraw for good cause.
(c) Good cause shall exist if the chair:
- (1) Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party or intervenor;
- (2) Has made statements or engaged in behavior which objectively demonstrate that he or she has prejudged the facts of the case; or
- (3) Believes that he or she cannot fairly preside over the matter.
- (d) Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.
(e) The chair shall:
- (1) Regulate and control the course of the hearing;
- (2) Facilitate settlement of the issues;
- (3) Administer oaths and affirmations;
- (4) Receive evidence having a reasonably probative value and exclude irrelevant, immaterial or unduly repetitious evidence;
- (5) Rule on procedural requests made by motion or on the chair’s own initiative;
- (6) Question witnesses to the extent required to make a full and fair record; and
- (7) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.
Source. #2659, eff 3-28-84; EXPIRED 3-28-90 New. #5481, eff 11-1-92, EXPIRED: 11-1-98 New. #8509, eff 12-09-05