137.8. Where, by reason of inability to act, a commissioner is unable to continue a hearing, another commissioner designated by the president of the Commission may, with the consent of the parties, continue the hearing and rely, as regards oral evidence, on the notes and minutes of the hearing or, as the case may be, on the stenographer’s notes or on the recording of the hearing, subject to a witness being recalled or other evidence required where the commissioner finds the notes or the recording insufficient.
The same rule applies to the continuance of a hearing after a commissioner ceases to hold office and to any case heard but not yet decided at the time a commissioner is removed from the case.
Where a case is heard by more than one commissioner, the hearing is continued by the remaining commissioners. Where opinions are equally divided on a question, the matter is referred to the president of the Commission or to a commissioner designated by the president, to be decided according to law.