North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 46 - BOARD OF PHARMACY › Section .2000 - ADMINISTRATIVE PROVISIONS › Section 46 .2011 - DISQUALIFICATION OF BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a Board
				member determines that personal bias or other reason for that Board member's
				disqualification exists in a contested case, that Board member shall decline to
				participate in the hearing or decision.
(b) If any party in a contested case, in good
				faith, has evidence that a Board member is personally biased or another reason
				for disqualification exists, the party may file and serve a motion for
				disqualification, which must be supported by a sworn, notarized affidavit
				testifying to the facts relevant to disqualification.
(c) Ex parte communication by or on behalf of
				a party with a Board member about the facts of a case at any time during either
				the investigation or prosecution of potential violations shall be grounds for
				disqualification of that Board member, other than communications by Board
				counsel and staff during the course of seeking a summary suspension or
				communications during any other proceeding before the Board. Before a hearing
				begins, or during the hearing, if applicable, both the Board member and the
				party must disclose the communications between the Board member and a party
				about the facts of the case to the Board and to the parties.
(d) A party may file and serve a motion for
				disqualification less than ten days before or during a hearing only when 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.
(e) The Board shall decide whether the
				evidence requires disqualification before it renders the final agency decision
				in the contested case. The decision about the disqualification of a Board
				member shall be made by the other Board members. 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
				may determine the method of resolving the motion for disqualification in the
				presiding officer's discretion 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 three 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.
				  90-85.6;
				  150B-38;
				  150B-39;
				  150B-40;
				  150B-41;
Eff. July
				  1, 1988;
Amended Eff. May 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. October 3, 2017;
Amended Eff.
				  August 1, 2020.