Who is excluded from sitting on the panel during a hearing?

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The individual designated as the case manager is excluded from sitting on the panel during a hearing due to the potential conflict of interest inherent in their dual role. The case manager typically oversees the administration of the hearing process, including procedural aspects and logistics, and may have insights or information about the case that could bias their participation on the panel. By excluding the case manager, a clear boundary is maintained between the administrative and adjudicative functions of the hearing, ensuring that the panel remains impartial and focused solely on the evaluation of evidence and arguments presented.

In a fair hearing process, it is crucial to separate roles so that all panel members can objectively assess the information without any prior influence or involvement in the case management. This separation is vital for maintaining the integrity of the hearing process and ensuring a just decision is made based on the facts presented.

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