(1) In accordance with 2-4-611, MCA, a hearing examiner may be appointed to preside over administrative contested case proceedings under the jurisdiction of the board of horse racing. In those instances in which hearing examiners are appointed, the powers of the board defined by these administrative rules of procedure shall be available to the hearing examiner. The board of horse racing retains jurisdiction under 2-4-202, MCA, to make all final orders.