21 N.C. Admin. Code 28B.0802

Current through Register Vol. 39, No. 8, October 15, 2024

Section 28B .0802 - HEARINGS

(a) Contested case hearings shall be conducted by a majority of the Board unless the Board requests the designation of an administrative law judge pursuant to G.S. 150B-40(e). The Board chairman shall serve as the presiding officer unless he or she is absent or disqualified, in which case the vice-chairman shall preside. Hearings shall be conducted pursuant to G.S. 150B-40.

(b) 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.

21 N.C. Admin. Code 28B .0802

Authority G.S. 89D-15(2); 89D-15(8); 150B-38; 150B-40;
Temporary Adoption Eff. January 1, 2016;
Eff. September 1, 2016.

Authority G.S. 89D-15(2); 89D-15(8); 150B-38; 150B-40;
Temporary Adoption Eff. January 1, 2016;
Adopted by North Carolina Register Volume 31, Issue 07, October 3, 2016 effective 9/1/2016.