21 NCAC 08C .0110         DETERMINATION OF DISQUALIFICATION

(a)  The members of the Board not challenged in an affidavit of disqualification shall determine whether the challenged Board member should be disqualified from participating in the hearing of a contested case. In making this determination, those Board members may:

(1)           call upon the challenged Board member to furnish relevant information; and

(2)           appoint a member of the Board or a member of the staff to investigate the allegations of the affidavit and report their findings and recommendations to the Board.

(b)  The Board will maintain a record of the proceedings on disqualification and a written summary of its conclusions as part of the record of the contested case.

History Note:        Authority G.S. 93-12; 150B-40;

Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 28, 2014.