North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 02 - ARCHITECTURE AND REGISTERED INTERIOR DESIGNERS › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 02 .0610 - DISQUALIFICATION OF BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Self-disqualification. If for any reason a Board member determines that
				personal bias or other factors render that member unable to conduct the hearing
				and perform all duties in an impartial manner, that Board member shall
				voluntarily decline to participate in the hearing or decision.
(b) Petition for Disqualification. If for any
				reason any party in a contested case believes that a Board member is personally
				biased or otherwise unable to conduct the hearing and perform all duties in an
				impartial manner, the party may file a sworn, notarized affidavit with the
				Board. The title of such affidavit must bear the notation: AFFIDAVIT OF
				DISQUALIFICATION OF BOARD MEMBER IN THE CASE OF (name of case).
(c) Contents of Affidavit. The affidavit must
				state all facts the party deems to be relevant to the disqualification of the
				Board member.
(d) Timeliness of
				Affidavit. An affidavit of disqualification will be considered timely if filed
				ten days before commencement of the hearing. Any other affidavit will be
				considered timely provided it is filed at the first opportunity after the party
				becomes aware of facts which give rise to a reasonable belief that a Board
				member may be disqualified under this Rule.
(e) Procedure for Determining
				Disqualification:
(1) The Board will appoint
				a Board member to investigate the allegations of the affidavit.
(2) The investigator will report to the Board
				the findings of the investigation.
(3) The Board shall decide whether to
				disqualify the challenged individual.
(4) The person whose disqualification is to
				be determined will not participate in the decision but may be called upon to
				furnish information to the other members of the Board.
(5) A record of proceedings and the reasons
				for any decision reached will be maintained as part of the contested case
				record.
(6) When a Board member is
				disqualified prior to the commencement of the hearing or after the hearing has
				begun, such hearing will continue with the remaining members sitting provided
				that the remaining members still constitute a majority of the Board.
(7) If disqualification of a Board member
				leaves less than a majority of the Board, the Board shall petition the Office
				of Administrative Hearings to appoint an administrative law judge to hear the
				contested case pursuant to
				G.S.
				150B-40(e).
(8) Where a petition for disqualification is
				filed less than ten days before or during the course of a hearing, the hearing
				shall continue with the challenged Board member sitting. Petitioner shall have
				the opportunity to present evidence supporting his petition, and the petition
				and any evidence relative thereto presented at the hearing shall be made a part
				of the record. The Board, before rendering its decision, shall decide whether
				the evidence justifies disqualification. In the event of disqualification, the
				disqualified member will not participate in further deliberation or decision of
				the case.