(A) Excusal for cause. Hearing officers are required to disclose on the record to the parties any matter that could be considered a conflict of interest with the hearing officer's duty to render fair and impartial decisions. Once such a disclosure has been made, a party to that proceeding may, but are not obligated to, waive such a potential or apparent conflict. If the parties do not waive the potential or apparent conflict, the hearing officer shall recuse himself unless the hearing officer rules that the conflict will not prevent a fair hearing. If the hearing officer recuses himself, the City Clerk shall select an alternate hearing officer and deliver a notice of alternate assignment and resetting to the parties in accordance with ROA 1994, § 2-7-8-8(E).
(B) Peremptory excusal. There shall be no peremptory disqualification of a hearing officer in any proceeding pursuant to this ordinance except as otherwise provided for by applicable law. Each party may peremptorily excuse one personnel hearing officer within ten days of the receipt of the notice of hearing. The peremptory excusal shall be filed with the City Clerk and served on all other parties. Upon receipt of a peremptory excusal, the City Clerk shall select an alternate hearing officer and deliver a notice of alternate assignment and resetting to the parties in accordance with ROA 1994, § 2-7-8-8(E). Except for non- substantive communication involving scheduling or procedure, a party shall not excuse a hearing officer after the hearing has begun or after the hearing officer has performed any discretionary act In the matter.