21 NCAC 28B .0802          HEARINGS

(a)  Contested case hearings shall be conducted by a majority of the Board unless the Board requests the designation of an administrative law judge pursuant to G.S. 150B-40(e).  The Board chairman shall serve as the presiding officer unless he or she is absent or disqualified, in which case the vice-chairman shall preside. Hearings shall be conducted pursuant to G.S. 150B-40.

(b)  An affidavit seeking disqualification of any Board member, if filed in good faith and in a timely manner, shall be ruled on by the remaining members of the Board. An affidavit is considered timely if it is filed:

(1)           Prior to the hearing; or

(2)           As soon after the commencement of the hearing as the affiant becomes aware of facts that give rise to his or her belief that a Board member should be disqualified.

History Note:        Authority G.S. 89D-15(2); 89D-15(8); 150B-38; 150B-40;

Temporary Adoption Eff. January 1, 2016;

Eff. September 1, 2016.