(a) Powers. The person retained by the Department to preside over a hearing shall have all powers necessary or appropriate to conduct a fair, full and impartial hearing, including the following: - (i) To administer oaths and affirmations;
- (iii) To rule upon offers of proof and receive relevant evidence;
- (iv) To provide for discovery and to determine its scope;
- (v) To regulate the course of the hearing and the conduct of the parties and their counsel;
- (vi) To hold conferences for the settlement or simplification of the issues by consent of the parties;
- (vii) To consider and rule upon procedural requests;
- (viii) To make, or cause to be made, an inspection of the employment or place of employment involved;
- (ix) To take, or cause to be taken, depositions;
- (x) To make recommended decisions to the Commission; and
- (xi) To take any other appropriate action authorized by the Act, this chapter, or the Administrative Procedure Act (W.S. 16- 3-101 through 16-3-115 ).
(b) Private consultation. Except to the extent required for the disposition of ex parte matters, the hearing officer may not consult an individual or a party on any fact at issue, unless upon notice and opportunity for all parties to participate.
(c) Disqualification. - (i) When the hearing officer deems himself disqualified to preside over the particular hearing, he shall withdraw therefrom by written notice to all parties and the Chairman of the Commission.
- (ii) Any party who deems the hearing officer for any reason to be disqualified to preside or to continue to preside, over a particular hearing may file with the Chairman of the Commission a motion to disqualify and remove the hearing officer. Such motion to be supported by affidavits setting forth the specific grounds for disqualification. The Chairman of the Commission shall rule upon the motion.
(d) Contumacious conduct; failure or refusal to appear or obey the rulings of the hearing officer. - (i) Contumacious conduct at any hearing before the hearing officer shall be grounds for exclusion from the hearing.