Sec. 14.32.02.19. Revocation of Delegated Hearing Authority to OAH

A. Criteria. The Board, or the Executive Director acting on behalf of the Board, may revoke all or part of a delegation to OAH if the case:

(1) Involves novel or unanticipated factual or legal issues;

(2) Has significant social or fiscal consequences;

(3) Involves policy issues of general applicability;

(4) Is likely to have precedential value; or

(5) Requires especially expeditious decision.

B. Procedures.

(1) The Board shall provide written notice of a revocation of hearing authority to all parties and OAH. The written notice shall contain a brief statement of the reason for the revocation and shall specify whether all or part of the delegation to hear a contested case has been revoked. If only part of the delegation has been revoked, the notice of revocation shall specify the portions of the contested case for which delegation is revoked.

(2) Delegation of authority to hear a contested case may be revoked at any time before the earlier of:

(a) The issuance of a ruling by the administrative law judge on a substantive issue; or

(b) The taking of oral testimony from the first witness.