13 NCAC 10 .0508. DISQUALIFICATION OF MEMBER OF BOARD OR HEARING EXAMINER

(a)  A member of the board or the hearing examiner may withdraw from a proceeding whenever he deems himself disqualified.

(b)  Any party may request the hearing examiner at any time following his designation and before the filing of his decision, to withdraw on grounds of personal bias or disqualification, by filing with him promptly upon the discovery of the alleged facts an affidavit setting forth in detail the matters alleged to constitute grounds for disqualification.

(c)  If, in the opinion of the hearing examiner, the affidavit referred to in Paragraph (b) of this Rule is filed with due diligence and is sufficient on its face, the hearing examiner shall forthwith disqualify himself and withdraw from the proceeding.

(d)  If the hearing examiner does not disqualify himself and withdraw from the proceeding, he shall so rule upon the record, stating the grounds for his ruling and shall proceed with the hearing, or, if the hearing has closed, he shall proceed with the issuance of his decision and the provisions of Rule .0601 of this Chapter shall thereupon apply.

 

History Note:        Authority G.S. 95‑135;

Eff. March 15, 1978.