1. Any person or persons presiding for the agency in an administrative proceeding must be referred to individually or collectively as hearing officer. Any person from the office of administrative hearings presiding for the agency as a hearing officer in an administrative proceeding must be referred to as an administrative law judge. 2. Any hearing officer is subject to disqualification for good cause shown. 3. Any party may petition for the disqualification of any person presiding as a hearing officer upon discovering facts establishing grounds for disqualification. 4. A person whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. 5. If a substitute is required for a person who is disqualified or becomes unavailable for any other reason, the substitute may be appointed by: a. The attorney general, if the disqualified or unavailable person is an assistant attorney general; b. The agency head, if the disqualified or unavailable person is one or more members of the agency head or one or more other persons designated by the agency head; c. A supervising hearing officer, if the disqualified or unavailable person is a hearing officer designated from an office, pool, panel, or division of hearing officers; or d. The governor, in all other cases. 6. Any action taken by a duly appointed substitute for a disqualified or unavailable person is as effective as if taken by the disqualified or unavailable person. 7. Any hearing officer in an administrative proceeding, from the time of appointment or designation, may exercise any authority granted by law or rule. A hearing officer may be designated to preside over the entire administrative proceeding and may issue orders accordingly. A procedural hearing officer may only issue orders in regard to the course and conduct of the hearing under statute or rule and to otherwise effect an orderly hearing. If a procedural hearing officer is designated, the agency head must be present at the hearing and the agency head shall issue findings of fact and conclusions of law, as well as any order resulting from the hearing.
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