g. Delegation of Authority to an Administrative Hearing Official

The commissioner may delegate authority to conduct administrative hearings, find facts, reach conclusions and make final decisions on his behalf to a discrete unit of the department or other person not personally involved in the decision that is the subject of the administrative hearing. The commissioner may limit the scope of the delegated authority in a directive that the authority is limited to conducting an administrative hearing.

The administrative hearing official shall be an employee of the department who has not personally acted as an investigator in the contested case, including an eligibility supervisor, caseworker or other individual with a personal interest in the case. The role of the administrative hearing official shall consist of scheduling the hearing and conducting the hearing, facilitating the hearing process and rendering a decision on behalf of the department.

If the administrative hearing issue concerns a medical condition, disability or a child with special needs, the hearing official may order an independent medical assessment or evaluation from a source mutually satisfactory to the parent and the department. The department shall be responsible for paying for the independent assessment.