21 NCAC 10 .0706             CONDUCT OF BOARD HEARING

(a)  General. Hearings in contested cases shall be conducted by a majority of the Board, unless a majority of the Board votes to designate an administrative law judge to preside at the hearing in the Office of Administrative Hearings. The president shall serve as presiding officer at Board Hearings unless he or she is absent or disqualified, in which case the vice-president shall preside. Board Hearings shall be conducted as prescribed by G.S. 150B-40.

(b)  Disqualification. 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.

(c)  Evidence. The admission of evidence in a Board Hearing on a contested case shall be as prescribed in G.S. 150B-41.


History Note:        Authority G.S. 150B‑40; 150B‑41;

Eff. February 1, 1976;

Readopted Eff. January 27, 1978;

Amended Eff. January 1, 1989;

Expired Eff. May 1, 2019 pursuant to G.S. 150B-21.3.A;

Readopted Eff. January 1, 2020.