North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0700 - ADMINISTRATIVE HEARING PROCEDURES › Section 61 .0710 - 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. 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. Where a petition for
				disqualification is filed less than 10 days before a hearing or during the
				course of a hearing, the Board may continue the hearing 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
				shall not participate in further deliberation or decision of the
				case.
(e) Procedure for Determining
				Disqualification when a timely Affidavit of Disqualification is filed:
(1) The Board will appoint a Board member 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 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 prior
				to the commencement of the hearing or after the hearing has begun, such hearing
				shall continue with the remaining members sitting provided that the remaining
				members still constitute a majority of the Board.
(6) 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).