( b ) Presiding Officer :
( 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 .
4877-0873-6192 , v . 3 59