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13B.040 Qualifications of hearing officer.

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Page 1 of 1 13B.040 Qualifications of hearing officer. (1) A person who has served as an investigator or prosecutor in an administrative hearing or in its preadjudicative stage shall not serve as hearing officer or assist or <br>advise a hearing officer in the same proceeding. This shall not be construed as <br>preventing a person who has participated as a hearing officer in a determination of <br>probable cause or other equivalent preliminary determination from serving as a <br>hearing officer in the same proceeding. (2) (a) A hearing officer, agency head, or member of an agency head who is serving as a hearing officer shall voluntarily disqualify himself and withdraw from any <br>case in which he cannot afford a fair and impartial hearing or consideration. <br>Any party may request the disqualification of a hearing officer, agency head, <br>or member of the agency head by filing an affidavit, upon discovery of facts <br>establishing grounds for a disqualification, stating the particular grounds upon <br>which he claims that a fair and impartial hearing cannot be accorded. A <br>request for the disqualification of a hearing officer shall be answered by the <br>agency head within sixty (60) days of its filing. The request for <br>disqualification and the disposition of the request shall be a part of the official <br>record of the proceeding. Requests for disqualification of a hearing officer <br>shall be determined by the agency head. Requests for disqualification of a <br>hearing officer who is a member of the agency head shall be determined by <br>the majority of the remaining members of the agency head. (b) Grounds for disqualification of a hearing officer shall include, but shall not be limited to, the following: <br>1. Serving as an investigator or prosecutor in the proceeding or the <br>preadjudicative stages of the proceeding; 2. Participating in an ex parte communication which would prejudice the <br>proceedings; 3. Having a pecuniary interest in the outcome of the proceeding; or 4. Having a personal bias toward any party to a proceeding which would <br>cause a prejudgment on the outcome of the proceeding. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 279, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 4, effective July 15, 1996. -- Created 1994 Ky. Acts <br>ch. 382, sec. 4, effective July 15, 1996.