21 N.C. Admin. Code 46.2007

Current through Register Vol. 39, No. 6, September 16, 2024

Section 46 .2007 - WHO SHALL HEAR CONTESTED CASES

(a) A majority of the Board shall conduct all hearings, as set forth in G.S. 150B-40(b), except as provided in G.S. 150B-40(e).

(b) The Board President shall be the presiding officer at any hearing, unless the President is disqualified, absent, or otherwise determines that he or she is unable to serve in that capacity. In the event that the President does not preside, the Board Vice President shall be the presiding officer at any hearing, unless the Vice President is disqualified, absent, or otherwise determines that he or she is unable to serve in that capacity. In the event that neither the President nor the Vice President preside, the Board shall designate another presiding officer. The presiding officer shall have all duties and powers set forth in G.S. 150B-40(c).

21 N.C. Admin. Code 46 .2007

Authority G.S. 90-85.6; 90-85.12; 150B-38; 150B-40;
Eff. July 1, 1988;
Amended Eff. September 1, 1995;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;
Amended Eff. August 1, 2020.

Authority G.S. 90-85.6; 150B-11; 90-85.12; 150B-38; 150B-40;
Eff. July 1, 1988;
Amended Eff. September 1, 1995.
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;

Amended by North Carolina Register Volume 35, Issue 05, September 1, 2020 effective 8/1/2020.