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.