North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter L - ADMINISTRATIVE HEARINGS: CONTESTED CASES › Section 42L .0111 - 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 affidavit should bear the notation: AFFIDAVIT FOR 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 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) 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.
(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)
				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) 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).