North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 17 - DIETETICS, NUTRITION › Section .0500 - INVESTIGATIVE PROCESS, COMPLAINTS, AND ADMINISTRATIVE HEARINGS › Section 17 .0511 - 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 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. The title of such affidavit shall 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 and
				Effect of Affidavit. An affidavit of disqualification shall be considered
				timely if filed 10 days before commencement of the hearing.
(e) A party may file and serve a motion for
				disqualification less than ten days before or during a hearing only when the
				motion is based on newly discovered evidence that by due diligence could not
				have been discovered in time to file a timely motion. Under these
				circumstances, the hearing shall continue with the challenged Board member
				sitting. Petitioner shall have the opportunity to present evidence supporting
				their 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
				final decision, shall decide whether the evidence justifies disqualification.
				The decision about the disqualification of a Board member shall be made by the
				other Board members who are not the subject of the disqualification. The Board
				is not required to grant a new hearing if a Board member is disqualified during
				the course of a hearing.
(f) The
				presiding officer, in their discretion, may determine the method of resolving
				the motion for disqualification under
				G.S.
				150B-40. This may include the authority to
				direct that the Board's Executive Director oversee an investigation of the
				allegations and report the findings to the Board.
(g) In the event of disqualification, the
				disqualified member shall not participate in further deliberation or decision
				of the case but may be called on to furnish information to the other members of
				the Board.
(h) If four or more
				members of the Board are disqualified pursuant to this Rule, 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).
Authority
				  G.S.
				  90-356;
				  150B-40;
Eff.
				  January 1, 2023.