SECTION 765:2-3-7. Hearing officer  


Latest version.
  • (a)   Selection. A hearing may be conducted by a hearing officer designated by the Chairman.
    (b)   Hearing. The hearing officer shall swear witnesses, hear testimony, admit evidence, and make rulings on objections and motions, and prepare proposed Findings of Fact and Conclusions of Law and submit the Findings and Conclusions to the Commission.
    (c)   Ruling. When a hearing officer is used and a majority of the Commissioners have not heard the case or read the record, any decision adverse to any party other than the Commission shall be postponed until a copy of the proposed Order is served upon all parties and each is given an opportunity to reply, either orally or in writing. The proposed order shall be prepared by the person(s) who conducted the hearing. A statement of the reasons for the order and each issue of fact or law necessary to the order shall accompany the proposed order. This requirement may be waived by the written stipulation of all parties.