[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR96.62]



[Page 511]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 96_BLOCK GRANTS--Table of Contents

 

                       Subpart F_Hearing Procedure

 

Sec.  96.62  Presiding officer.



    (a) A Department employee to whom the Secretary delegates such 

authority, or any other agency employee designated by an employee to 

whom such authority is delegated, may serve as the presiding officer and 

conduct a hearing under this subpart.

    (b) The presiding officer is to be free from bias or prejudice and 

may not have participated in the investigation or action that is the 

subject of the hearing or be subordinate to a person, other than the 

Secretary, who has participated in such investigation or action.

    (c) The Secretary is not precluded by this section from prior 

participation in the investigation or action that is the subject of the 

hearing.

    (d) A different presiding officer may be substituted for the one 

originally designated under Sec.  96.61 of this part without notice to 

the parties.