North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 48 - PHYSICAL THERAPY EXAMINERS › Subchapter G - RETENTION OF LICENSE › Section .0500 - CONTESTED CASE HEARINGS › Section 48G .0511 - DISQUALIFICATION OF BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Self-disqualification. No Board member shall discuss with any party the merits
				  of any case pending before the Board. Any Board member who has direct knowledge
				  about a case prior to the commencement of the proceeding shall disqualify
				  himself or herself from any participation in the case. If for any other reason
				  a Board member determines that personal bias or other factors render that
				  member unable to hear a contested case 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 hear a
				  contested case and perform all duties in an impartial manner, the party may
				  file a sworn, notarized affidavit with the Board.
(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 and
				  Effect of Affidavit. An affidavit of disqualification will be considered timely
				  if filed 10 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) Where a petition for disqualification is
				  filed less than 10 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 the 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.
(f) Procedure for
				  Determining Disqualification:
(1) The Board
				  will appoint a board member or the Board's attorney to investigate the
				  allegations of the affidavit.
(2)
				  At a special proceeding convened to consider the petition for disqualification,
				  the investigator will report to the Board the findings of the
				  investigation.
(3) The Board shall
				  decide whether to disqualify the challenged individual, and issue its decision
				  in the record.
(4) The person whose
				  disqualification is to be determined will not participate in the decision but
				  may be called upon to furnish information at the special proceeding.
(5) 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.
(6) If a sufficient number of Board members
				  are disqualified pursuant to this Rule so that a majority of the Board cannot
				  conduct the hearing, 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).