.0701 FAILURE TO APPEAR
.0702 WRITTEN ANSWERS TO NOTICE
.0703 PRE-HEARING CONFERENCE
.0704 SIMPLIFICATION OF ISSUES

History Note:

Statutory Authority G.S. 150A-25; 150A-33;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.

.0705 SUBPOENAS

History Note:

Statutory Authority G.S. 150A-27;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. January 1, 1989.

.0706 CONDUCT OF HEARING

1. General. Hearings in contested cases shall be conducted by a majority of the board. The president shall serve as presiding officer unless he is absent or disqualified, in which case the vice-president shall preside. Hearings shall be conducted as prescribed by G.S. 150B-40.
2. Disqualification. An affidavit seeking disqualification of any board member, if filed in good faith and in a timely manner, will be ruled on by the remaining members of the board. 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 board member should be disqualified.
3. Evidence. The admission of evidence in a hearing on a contested case shall be as prescribed in G.S. 150B-41.

History Note:

Statutory Authority G.S. 150B-40; 150B-41;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. January 1, 1989.

.0707 DECISION OF BOARD

1. The form and content of the board's decision in a contested case shall be as prescribed by G.S. 150B-42(a), and its decision shall be served upon the parties in a manner consistent with said statute.
2. The official record of the hearing in a contested case shall contain those items specified in G.S. 150B-42(b).

History Note:

Statutory Authority G.S. 150B-42;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988.