21 NCAC 63 .0607             CONDUCT OF HEARING

(a)  Disciplinary hearings shall be conducted by a majority of the Board.  The Chairperson shall serve as presiding officer unless he or she is absent or disqualified, in which case the Vice-chairperson shall preside.  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, 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 which give rise to his belief that a Board member should be disqualified.

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


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.