(a) If for
any reason a Board member determines that personal bias or other factors render
him unable to conduct or participate in the hearing and perform all duties in
an impartial manner, he shall submit, in writing, to the Board, his
disqualification and the reasons.
(b) If for any reason any party in a
contested case believes that a Board member is personally biased or otherwise
unable to conduct or participate in the hearing and perform all duties in an
impartial manner, the party may file a sworn, notarized affidavit with the
(c) The affidavit must state
all facts the party deems relevant to the disqualification of a Board
(d) An affidavit seeking
disqualification shall be considered timely if filed at least 10 days before
commencement of the hearing or, if filed within 10 days of the hearing, as soon
as the party becomes aware of the facts that give rise to the belief that Board
member may be disqualified.
Procedure for Determining Disqualification.
(1) The chairperson of the Board may appoint
a member of the Board to investigate the allegations of the affidavit and
report his findings and recommendations to the Board.
(2) The Board, with the advice of such
assistants as it deems appropriate, shall decide whether to disqualify the
person whose disqualification is to be determined will not participate in the
decision but will have the right to furnish information to the Board.
(4) A record of proceedings and the reasons
for decisions reached will be maintained as part of the contested
Disqualification or withdrawal of a Board member because of personal bias or
otherwise will not require the hearing to be postponed unless a quorum is not
available or the Board member disqualified is the presiding officer and
assignment of a new presiding officer would cause substantial prejudice to any
21 N.C. Admin.
Code 54 .2308
August 1, 1984;
Amended Eff. March 1, 1989; January 1, 1986.
Carolina Register Volume 34, Issue 21, May 1, 2020 effective