North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES › Section .0500 - ADMINISTRATIVE HEARING PROCEDURES › Section 16N .0508 - DISQUALIFICATION OF BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Self
				  Disqualification. If 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 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
				  shall 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. Any other affidavit
				  shall 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. When 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.
				  The petitioner shall have the opportunity to present evidence supporting his or
				  her petition, and the petition and any evidence 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 shall not participate in further
				  deliberation or decision of the case.
(e) Procedure for Determining
				  Disqualification:
(1) The Board shall appoint
				  a Board member to investigate the allegations of the affidavit.
(2) The investigator shall 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 shall 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, the
				  hearing shall continue with the remaining members sitting, provided that the
				  remaining members still constitute a majority of the Board who are eligible to
				  vote.
(6) If a majority of the
				  members of the Board who are eligible to vote 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).