21 N.C. Admin. Code 23.0206

Current through Register Vol. 39, No. 13, January 2, 2025

Section 23 .0206 - CONDUCT OF HEARING

(a) Hearings in contested cases shall be conducted by a majority of the Board or referred to the Office of Administrative Hearings pursuant to G.S. 150B-40(e).

(b) Disqualification. An affidavit seeking disqualification of any Board member, if timely filed in good faith, 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 which give rise to his or her 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.

21 N.C. Admin. Code 23 .0206

Authority G.S. 89G-5; 150B-38; 150B-40; 150B-41;
Eff. July 1, 2011;
Amended Eff. April 1, 2015;
Readopted Eff. January 1, 2016.

Authority G.S. 89G-5; 150B-38;
Eff. July 1, 2011.

Amended by North Carolina Register Volume 29, Issue 21, May 1, 2015 effective 4/1/2015.

Readopted by North Carolina Register Volume 30, Issue 15, February 1, 2016 effective 1/1/2016.