2 N.C. Admin. Code 34.1205

Current through Register Vol. 39, No. 12, December 1, 2024

Section 34 .1205 - CONDUCT OF HEARING

(a) Hearings in contested cases shall be conducted by a majority of the Committee. The Chairman shall serve as presiding officer unless he is absent or disqualified, in which case the Vice-chairman shall preside. Hearings shall be conducted as prescribed by G.S. 150B-40.

(b) Disqualification. An affidavit seeking disqualification of any Committee member, if filed in good faith and in a timely manner, will be ruled on by the remaining members of the Committee. An affidavit is considered timely if it is filed:

(1) Prior to the hearing; or

(2) As soon after the commencement of the hearing as the affiant becomes aware of facts which give rise to his belief that a Committee member should be disqualified.

(c) Evidence. The admission of evidence in a hearing on a contested case shall be as prescribed in G.S. 150B-41.

02 N.C. Admin. Code 34 .1205

Authority G.S. 106-65.29; 150B-38;
Eff. May 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 22, 2018.

Authority G.S. 106-65.29; 150B-38;
Eff. May 1, 1992.