21 NCAC 08C .0111         NEW HEARING AFTER DISQUALIFICATION

(a)  Upon request of a party to a contested case, the Board will conduct a new hearing of the contested case if a Board member was disqualified after the beginning of the initial hearing and if either:

(1)           less than a majority of Board members remained at the hearing subsequent to the disqualification, or

(2)           when the Board determines that substantial prejudice would result if a new hearing was not conducted.

(b)  The Board member who has been disqualified shall not participate in the determination of whether substantial prejudice would result if a new hearing was not conducted.

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.