SECTION 240:10-13-7. Disqualification of hearing officer

  No hearing officer shall conduct a hearing in which he/she has any conflict of interest or bias.

(1)   A challenge of conflict of interest or bias of a hearing officer may be made before the scheduled hearing with the Director or Chief Hearing Officer. The Director will decide whether or not good cause to disqualify has been shown, and if shown, will reassign the case.

(2)   If a challenge for a conflict of interest or bias of a hearing officer is made during the hearing, the hearing officer shall determine whether or not to disqualify. If the challenge is sustained by the hearing officer, the case will be reassigned and rescheduled.

(3)   A hearing officer may disqualify on his/her own volition with no challenge having been made if he/she feels a fair and impartial decision cannot be rendered.

(4)   If a challenge is made within ten (10) days after the decision is issued, the challenge shall be considered as an appeal to the Board of Review.

[Source: Amended at 8 Ok Reg 2301, eff 6-13-91; Amended at 26 Ok Reg 1030, eff 5-25-09]