(a) The panel, absent special circumstances, shall employ the center to
select the hearing officer to conduct the hearing at a site most convenient
to the parties and witnesses. The individual who performed the investigation,
pursuant to section 269b.210, shall be barred from acting as a hearing
officer on the same matter, unless all parties in interest agree to his
participation. The selection of the hearing officer, to the extent
practicable, shall be done with the concurrence of the parties.
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(b) Any party may request the hearing officer, at any time following his
designation and before the filing of his decision, to withdraw on grounds of
previously demonstrated personal bias, conflict of interest, or prejudice by
filing with him promptly upon the discovery of the alleged facts a timely
affidavit setting forth in detail the matters alleged to constitute grounds
for disqualification. If, in the opinion of the hearing officer, such
affidavit is filed with due diligence and is sufficient on its face, he shall
forthwith disqualify himself and withdraw from the proceeding. If he does not
so withdraw, he shall so rule upon the record, stating the grounds for his
ruling and proceed with the hearing, or, if the hearing has closed, he shall
proceed with the issuance of his decision, and his ruling shall be subject to
the same review by the panel that is given to the rest of his
decision.
(c) The costs of conducting the hearing and of the hearing officer shall be
borne by the panel. Witness fees and expenses shall be paid by the party at
whose instance the witnesses appear.
