§ 58-3-40 — Election of chairman; hearing officer.

(A) The commission must elect one of its members as chairman for a period of two years. (B) The chairman is the chief executive and administrative officer of the commission. (C)(1) Upon the request of any party or any commissioner, the commission may employ a hearing officer who may hear and determine procedural motions or other matters not determinative of the merits of the proceedings and made prior to hearing; and, at the hearing, shall make all rulings on nondispositive motions and objections. If qualified pursuant to item (3), a commission staff attorney may serve as hearing officer. (2) The hearing officer has full authority, subject to being overruled by the commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of any case. (3) The hearing officer must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.

Legislative History

HISTORY: 1962 Code SECTION 58-54; 1952 Code SECTION 58-54; 1942 Code SECTION 8201; 1932 Code SECTION 8245; 1922 (32) 956; 1979 Act No. 167 SECTION 7, eff July 1, 1979; 2004 Act No. 175, SECTION 4, eff February 18, 2004.