( b) Presiding Officer:
( ii) is a relative of the individual requesting the hearing;
( iii) has an actual bias, prejudice, or conflict of interest that would prevent the individual from fairly and impartially considering the matter; or
( iv) actively participated in the matter at any previous level.
( 1) The CEO, after consulting with the Chief of Staff, will appoint an attorney to serve as the presiding officer. The presiding officer may not be, or represent clients who are, in direct economic competition with the individual requesting the hearing. The presiding officer will not act as an advocate for either side at the hearing.
( 2) The presiding officer will:( i) schedule and conduct a pre-hearing conference;
( ii) allow the participants in the hearing to have a reasonable opportunity to be heard and to present evidence, subject to reasonable limits on the number of witnesses and duration of direct and cross-examination;
( iii) prohibit conduct or presentation of evidence that is cumulative, excessive, irrelevant or abusive or that causes undue delay;
( iv) maintain decorum throughout the hearing;( v) determine the order of procedure;( vi) rule on matters of procedure and the admissibility of evidence; and
( vii) conduct argument by counsel on procedural points outside the presence of the hearing panel unless the Panel wishes to be present.
( 3) The presiding officer may be advised by legal counsel to the Hospital with regard to the hearing procedure.
( 4) The presiding officer may participate in the private deliberations of the hearing panel, be a legal advisor to it, and may draft the report of the hearing panel’ s decision based upon the findings and discussions of the Panel, but will not vote on its recommendations.
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