Section 18-1007. HEARING EXAMINERS

 

1007.1Upon the filing of a demand for hearing, an examiner shall be assigned to the case. Thereafter, all motions and procedural requests shall be addressed to the examiner assigned to the case.

 

1007.2The Director and examiners shall have the following powers, in addition to any other powers specified in this chapter:

 

(a)To give notice concerning reviews and hearings;

 

(b)To administer oaths and affirmations;

 

(c)To examine witnesses and to take testimony;

 

(d)To issue subpoenas, to take depositions, or cause depositions or interrogatories to be taken;

 

(e)To rule upon offers of proof and to receive relevant evidence;

 

(f)To regulate the course and conduct of hearings and reviews;

 

(g)To hold conferences, before or during a hearing, for the settlement or simplification of issues;

 

(h)To rule on motions and to dispose of procedural requests or similar matters;

 

(i)To make initial or final decisions as provided herein or by law; and

 

(j)To take any other action authorized by this chapter, the Administrative Procedure Act, or by any other applicable statute, rule, or regulation.

 

1007.3The authority of the examiner in each case shall terminate upon the occurrence of any of the following:

 

(a)Expiration of the period within which requests for administrative or judicial review may be filled;

 

(b)When the examiner withdraws from the case upon considering himself or herself disqualified, or for any other reason;

 

(c)Reassignment of the proceedings by the chief examiner to another examiner; and

 

(d)Service of a final decision, or of an initial decision, whichever is applicable.

 

1007.4No examiner shall conduct a hearing in a proceeding in which he or she is prejudiced or partial with respect to any party, or where that examiner has any interest in the matter pending for decision before him or her.

 

1007.5In cases to be determined upon an evidentiary record after notice and hearing, a party desiring that an examiner disqualify himself or herself from participating in the proceeding shall file a motion as provided in § 1018.

 

1007.6The Examiner to whom a case is assigned shall give the parties reasonable notice including the date and place of a hearing and the nature of the hearing.

 

1007.7In no case shall notice be given less than ten (10) days prior to the hearing unless by consent of all parties to the hearing.

 

1007.8In the case of a hearing for the administrative adjudication of a traffic infraction, the date and place of the hearing may be specified in the notice of infraction.