ELC 10.2
                  HEARING OFFICER OR PANEL


(a) Assignment.

  (1) Hearing Officer.  The chief hearing officer
     ordinarily assigns a single hearing officer, from those
     eligible under rule 2.5, to hear a matter ordered to
     hearing.

  (2) Hearing Panel.  On either party’s motion, or when
     otherwise deemed advisable, the chief hearing officer
     may assign a hearing panel.  In determining whether to
     assign a hearing panel, the chief hearing officer
     considers whether public interest in the proceeding
     makes a panel advisable and whether a nonlawyer on a
     hearing panel could contribute to the fairness, or the
     perception of fairness, in the process and the outcome.
     When a panel is assigned, the chief hearing officer
     designates one lawyer member as panel chair.  The chief
     hearing officer’s ruling on assigning a hearing panel
     is not subject to interim review.  The chief hearing
     officer makes an assignment to fill any hearing officer
     or panel member vacancy.

(b) Disqualification and Removal.

  (1) Removal Without Cause.  Either party may have an
     assigned hearing officer or hearing panel member
     removed, without establishing cause for the removal, by
     filing a written request with the chief hearing officer
     within ten days of service on the moving party of that
     officer or panel member’s assignment.  A party may only
     once request removal without cause in any proceeding.

  (2) Disqualification for Cause.  Either party may seek
     to disqualify any assigned hearing officer or hearing
     panel member for good cause.  A motion under this
     subsection must be filed promptly after the party
     knows, or in the exercise of due diligence should have
     known, of the basis for the disqualification.

  (3) Removal.  The chief hearing officer decides all
     requests for removal and disqualification motions,
     except the Chair decides a request to remove or
     disqualify the chief hearing officer.  The decision of
     the chief hearing officer or Chair on a request for
     removal or a motion to disqualify is not subject to
     interim review.  Upon removal or disqualification of an
     assigned hearing officer or hearing panel member, the
     chief hearing officer assigns a replacement.


[Adopted effective October 1, 2002.]