A case may be heard by the agency with a hearing officer or by the hearing officer alone in the discretion of the agency. When the agency hears the case with a hearing officer, the hearing officer shall preside, rule on the admission and exclusion of evidence, and advise the agency on matters of law; the agency shall exercise all other powers relating to the conduct of the hearing but may delegate any or all of them to the
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hearing officer. When the hearing officer hears a case alone he shall exercise all powers relating to the conduct of the hearing. SOURCE: GC § 24121.