02 NCAC 09L .2106          CONDUCT OF HEARING

(a)  Hearings in contested cases shall be conducted by a majority of the Board. The chairman shall serve as presiding officer unless he is absent or disqualified, in which case the vice‑chairman shall preside. Hearings shall be conducted as prescribed in G.S. 150B‑40.

(b)  Disqualification. 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 facts which give rise to his belief that a Board member should be disqualified.

(c)  Evidence. The admission of evidence in a hearing in a contested case shall be as prescribed in G.S. 150B‑41.


History Note:        Authority G.S. 143‑437; 150B‑38;

Eff. February 1, 1992;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 22, 2018.