(a)
During
hearing or conference. Rulings of presiding officers may not be
appealed from during the course of hearings or conferences except in
extraordinary circumstances where prompt decision by the agency head is
necessary to prevent detriment to the public interest. In such instance the
matter shall be referred forthwith by the presiding officer to the agency head
for determination.
(b)
Offers of proof. An offer of proof made in connection with an
objection taken to a ruling of the presiding officer rejecting or excluding
proffered oral testimony shall consist of a statement of the substance of the
evidence which counsel contends would be adduced by testimony; and if the
excluded evidence consists of evidence in documentary or written form or of
reference to documents or records, a copy of the evidence shall be marked for
identification and shall constitute the offer of proof.
(c)
Action by agency head.
Unless the agency head acts upon a question referred by a presiding officer to
the agency head for determination or upon an appeal taken to the agency head
from a ruling of a presiding officer within 30 days after referral or filing of
the appeal, whichever is later, such referral or appeal shall be deemed to have
been denied. The participants in the proceeding shall be given appropriate
notice of the date of the referral or appeal, by the presiding officer or the
appellant, as the case may be.
