When a contested case is of such anticipated length or complexity that the use of a hearing officer by the Board is advisable, a recommendation for the appointment of a hearing officer shall be placed on the consent agenda by the Commissioner, or, in cases in which the Commissioner is a party, by the attorney serving as the Board’s legal advisor in the case.

When a contested case involves the Enrollment Option Program with a petition being filed pursuant to Section 79-239 R.R.S., then the Commissioner shall appoint a hearing officer within five (5) days after the filing of such petition and an expedited hearing shall be set by the hearing officer so that the case can be decided by the State Board within sixty (60) days or as soon thereafter as is practicable after the filing of such petition.