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This entry was published on 2014-09-22
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SECTION 303
Presiding officers
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 3
§ 303. Presiding officers. Except as otherwise provided by statute,
the agency, one or more members of the agency, or one or more hearing
officers designated and empowered by the agency to conduct hearings
shall be presiding officers. Hearings shall be conducted in an
impartial manner. Upon the filing in good faith by a party of a timely
and sufficient affidavit of personal bias or disqualification of a
presiding officer, the agency shall determine the matter as part of the
record in the case, and its determination shall be a matter subject to
judicial review at the conclusion of the adjudicatory proceeding.
Whenever a presiding officer is disqualified or it becomes impractical
for him to continue the hearing, another presiding officer may be
assigned to continue with the case unless it is shown that substantial
prejudice to the party will result therefrom.