(1) Any party
who wishes to request that the presiding officer assigned to render a proposed
decision be an administrative law judge employed by the department of
inspections and appeals must file a written request within 20 days after
service of a notice of hearing which identifies or describes the presiding
officer as the division head or members of the division.
The superintendent may deny the request
only upon a finding that one or more of the following apply:
a. Neither the division nor any officer of
the division under whose authority the contested case is to take place is a
named party to the proceeding or a real party in interest to that
b. There is a
compelling need to expedite issuance of a final decision in order to protect
the public health, safety, or welfare.
c. An administrative law judge with the
qualifications identified in subrule 22.6(4) is unavailable to hear the case
within a reasonable time.
case involves significant policy issues of first impression that are
inextricably intertwined with the factual issues presented.
e. The demeanor of the witnesses is likely to
be dispositive in resolving the disputed factual issues.
Funds are unavailable to pay the costs of
an administrative law judge and an interdivision
The request was not timely filed.
The request is not consistent with a specified statute.
(3) The superintendent shall issue a written
ruling specifying the grounds for the decision within 20 days after a request
for an administrative law judge is filed. If the ruling is contingent upon the
availability of an administrative law judge with the qualifications identified
in subrule 22.6(4), the parties shall be notified at least 10 days prior to
hearing if a qualified administrative law judge will not be
(4) An administrative
law judge assigned to act as presiding officer shall have the following
technical expertness unless waived by the division: An administrative law judge
shall have had at least five years' experience as an executive officer in a
credit union or in the regulation or examination of credit unions.
(5) Except as provided otherwise by another
provision of law, all rulings by an administrative law judge acting as
presiding officer are subject to appeal to the superintendent. A party must
seek any available intradivision appeal in order to exhaust adequate
otherwise provided by law, the superintendent when reviewing a proposed
decision upon intradivision appeal shall have the powers of and shall comply
with the provisions of this chapter which apply to presiding