Disqualification of hearing officer

This section applies only if a party has first petitioned the hearing officer for disqualification under North Dakota Century Code section 28-32-27, and the hearing officer has refused to disqualify himself or herself. 1. If the hearing officer whose disqualification is sought has been appointed or designated by the director of the office of administrative hearings, the party may petition the director, requesting appointment or designation of a different hearing officer. Upon receipt of the petition, the director, upon good cause shown, may appoint or designate a different hearing officer. 2. If the hearing officer whose disqualification is sought is the director of the office of administrative hearings, the party may petition the agency head of the agency for which the hearing officer is presiding, requesting appointment or designation of a different hearing officer. Upon receipt of the petition, the agency head, upon good cause shown, may require the director to appoint or designate a different hearing officer. 3. If the hearing officer whose disqualification is sought is an agency hearing officer, i.e., a person assigned, appointed, or designated by the agency head, the agency supervising hearing officer, or another agency official to preside, the party may petition the agency head, requesting appointment or designation of a different hearing officer. Upon receipt of the petition, the agency head, upon good cause shown, may appoint or designate a different hearing officer.