41-1992. Hearing officers; powers and duties

A. The director shall appoint hearing officers who shall conduct such hearings as the director may determine are necessary in accordance with law.

B. Within a reasonable time before the date set for the hearing any interested party to a hearing before the department may file an affidavit for change of hearing officer against any hearing officer of the department hearing such matters and the hearing officer shall immediately transfer the matter to another hearing officer of the department who shall preside in the matter. Reasonable time shall be established by regulation. Not more than one change of hearing officer shall be granted to any one party.

C. In every contested case, the hearing officer shall issue to all interested parties a decision on the record that includes findings of fact and conclusions of law. The decision shall become the final decision of the department within fifteen days after it is mailed or electronically transmitted to an interested party unless a written petition for review has been filed or the case has been removed to the appeals board for review and decision.

D. The appeals board established pursuant to section 23-672 is authorized to review any hearing officer's decision on timely filing of a petition for review by an interested party. On review, the appeals board may affirm, reverse, modify or set aside a hearing officer's decision or remand the case to any hearing officer for additional evidence, rehearing or modification of decision.

E. On notice to all interested parties, the appeals board may remove to itself any case pending before any hearing officer before a decision becomes final.

F. The department shall prescribe by regulation procedures for implementing this section.