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(2) Legal counsel to the OAH may be present during the committee’s deliberations on its decisions. E. Hearing Officers (1) A hearing officer shall preside over all hearings. In those cases to be decided by a committee, a single hearing officer shall preside over the hearing. (2) The presiding hearing officer has the authority to conduct a fair and impartial hearing, including the authority to: (a) order a pre-hearing conference for the simplification of issues or a settlement conference; (b) review case material prior to the hearing and to establish a procedure commensurate to the complexity of the issues presented and the types of proof likely to be introduced during the hearing; (c) issue subpoenas; (d) rule on offers of proof and the admissibility of evidence; (e) issue orders, rulings, and dismissals; (f) permit depositions to be taken when the ends of justice would be served; (g) regulate the course of the fair hearing and the conduct of the parties and their counsel; (h) administer oaths or affirmations; (i) rule on procedural and substantive motions; (j) call, examine, sequester and/or disqualify witnesses; (k) exclude people from the hearing room pursuant to confidentiality laws governing particular program areas; and (l ) conclude the hearing when satisfied that all pertinent information bearing on the issue has been introduced and examined. (3) Disqualification (a) The hearing officer/committee member shall disqualify himself or herself from participating in a hearing in which the officer’s/member’s impartiality might be reasonably questioned based upon a personal bias or prejudice, familial relationship or other basis, or in which the hearing officer/committee member may have any interest in the matter pending for decision. (b) A disqualification pursuant to subsection (a) shall be in writing with notice to the file and a copy delivered to the Director of Individual and Provider Rights in the OAH. (c) A party who feels that the hearing officer’s/member’s impartiality might be reasonably questioned may, upon notice to the opposing party, file a motion to have the officer/member disqualified. (i) Such a motion shall set forth the grounds upon which the party feels the officer’s/ member’s impartiality has been compromised. (ii) The Director of Individual and Provider Rights in the OAH shall rule on the motion and serve a written statement of the reasons supporting his or her decision. F. Ex-Parte Communications (1) Ex-parte communications are prohibited and shall not be considered in deciding any matter in issue. (2) If a hearing officer or committee member receives an ex-parte communication that he or she knows or has reason to believe is prohibited, he or she shall promptly make the communication part of the record and shall furnish a written copy of the communication to all parties explaining the circumstances under which he or she became aware of the communication. (3) Any party who makes an ex-parte communication may be subject to having a witness disqualified or evidence excluded at the discretion of the hearing officer in the interest of fairness and equity. G. Pre-Hearing Procedure (1) Scheduling of Hearings