21 NCAC 63 .0607             CONDUCT OF HEARING

(a)  The Chairperson shall serve as presiding officer unless the Chairperson is absent or disqualified in accordance with Paragraph (b) of this Rule, in which case the Vice-chairperson shall preside.

(b)  An affidavit seeking disqualification of any Board member, if filed in good faith and in a timely manner, will 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 the facts that give rise to the belief that a Board member should be disqualified.

History Note:        Authority G.S. 90B-6(h); 150B-40;

Eff. September 1, 1989;

Temporary Amendment Eff. October 1, 1999;

Amended Eff. July 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015;

Amended Eff. October 1, 2021.