Hearing Officer. The hearing officer, as the fact finder, shall be fair and impartial and may: Interpret Department policy and procedures or the time or procedure requirements under this chapter; Make applicable rulings at any stage of the disciplinary process based on the hearing officer’s interpretation of Department policy and procedures; Weigh the evidence presented during the evidentiary phase and make findings of fact based upon evidence found credible and reliable by a preponderance of the evidence; Determine the disposition of each inmate rule violation charged; Determine the number, period, and effective date of sanctions to be imposed when applicable; Provide assistance with an investigation or other legal matters that may involve: The Department; A law enforcement agency; The Office of the Attorney General; or An office of a State or local government agency; Order the removal of any hearing participant from the location of the disciplinary proceeding if the hearing participant becomes disruptive or becomes a threat to the safety and security of the facility or any other hearing participant; and Perform other duties as assigned by the hearing officer supervisor or the Secretary, or a designee. Facility Hearing Officer. A managing official, or a designee, may designate a facility hearing officer to act as a hearing officer without regard to whether a hearing officer is available to preside over disciplinary proceedings at the facility. Ex Parte Communication — Permitted. Unless otherwise stated under this regulation, the hearing officer may: Elect to discuss a pending case and its evidentiary merits in the absence of the defendant, or, if designated, the facility representative with: Staff of the Office of the Attorney General; A law enforcement official; Staff assigned to the Department’s Intelligence and Investigative Division; The hearing officer supervisor, or a designee; or The Secretary, or a designee; Elect to discuss a non-evidentiary matter in the absence of the defendant, or, if designated, the facility representative regarding one or more of the following matters: Security or safety; A plea agreement; An informal resolution; A postponement request; A time requirement or procedure of a regulation under this chapter or Department policy or procedure; or Representation or witness request; or Elect to, without the defendant present: Question or take testimony from a witness or confidential informant witness whose identity may not be revealed to a defendant; Review or examine security sensitive evidence that may include a document, video record, or other security sensitive evidence in the presence of staff necessary for security and safety of the hearing officer, witness, confidential informant, or security sensitive evidence.