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(1) In matters involving an adjudicative proceeding, the director will designate the presiding officer. The presiding officer may be:
(a) An administrative law judge assigned by the office of administrative hearings under the authority of chapter 34.12 RCW; or
(b) The deputy director; or
(c) An assistant director; or
(d) A staff person trained to act as a presiding officer in adjudicative proceedings.
(2) A person who has served as an investigator, prosecutor, or advocate in any stage of an adjudicative proceeding or someone who is subject to the authority or direction of such a person, may not serve as a presiding officer in the same proceeding.
(3) The presiding officer has the authority to:
(a) Determine the order of presentation of evidence;
(b) Administer oaths and affirmations;
(c) Issue subpoenas;
(d) Rule on procedural matters, objections, and motions;
(e) Rule on offers of proof and receive relevant evidence;
(f) Interrogate witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter;
(g) Call additional witnesses and request additional exhibits deemed necessary to complete the record and receive such evidence subject to full opportunity for cross-examination and rebuttal by all parties;
(h) Take any appropriate action necessary to maintain order during the hearing;
(i) Permit or require oral argument or briefs and determine the time limits for their submission;
(j) Take any other action necessary and authorized by any applicable statute or rule;
(k) Waive any requirement of these rules unless a party shows that they would be prejudiced by such a waiver.
[Statutory Authority: RCW 43.01.160 and 43.17.060. WSR 24-22-021, s 16-08-021, filed 10/28/24, effective 11/28/24. Statutory Authority: Chapter 34.05 RCW. WSR 11-20-047, § 16-08-021, filed 9/29/11, effective 10/30/11; WSR 95-18-008 (Order 5081), § 16-08-021, filed 8/23/95, effective 9/23/95. Statutory Authority: RCW 34.05.425. WSR 93-10-059, § 16-08-021, filed 4/30/93, effective 5/31/93. Statutory Authority: Chapter 34.05 RCW. WSR 91-23-051, § 16-08-021, filed 11/15/91, effective 12/16/91.]