State Codes and Statutes

Statutes > North-carolina > Chapter_150B > GS_150B-32

§ 150B‑32. Designation of administrative law judge.

(a)        The Director of the Office of Administrative Hearings shallassign himself or another administrative law judge to preside over a contestedcase.

(a1)      Repealed by Sessions Laws 1985 (Reg. Sess., 1986), c. 1022,s. 1(15), effective July 15, 1986.

(b)        On the filing in good faith by a party of a timely andsufficient affidavit of personal bias or disqualification of an administrativelaw judge, the administrative law judge shall determine the matter as a part ofthe record in the case, and this determination shall be subject to judicialreview at the conclusion of the proceeding.

(c)        When an administrative law judge is disqualified or it isimpracticable for him to continue the hearing, the Director shall assignanother administrative law judge to continue with the case unless it is shownthat substantial prejudice to any party will result, in which event a newhearing shall be held or the case dismissed without prejudice. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1985 (Reg.Sess., 1986), c. 1022, s. 1(1), 1(12), 1(15), c. 1028, s. 40; 1987, c. 878, s.8.)

State Codes and Statutes

Statutes > North-carolina > Chapter_150B > GS_150B-32

§ 150B‑32. Designation of administrative law judge.

(a)        The Director of the Office of Administrative Hearings shallassign himself or another administrative law judge to preside over a contestedcase.

(a1)      Repealed by Sessions Laws 1985 (Reg. Sess., 1986), c. 1022,s. 1(15), effective July 15, 1986.

(b)        On the filing in good faith by a party of a timely andsufficient affidavit of personal bias or disqualification of an administrativelaw judge, the administrative law judge shall determine the matter as a part ofthe record in the case, and this determination shall be subject to judicialreview at the conclusion of the proceeding.

(c)        When an administrative law judge is disqualified or it isimpracticable for him to continue the hearing, the Director shall assignanother administrative law judge to continue with the case unless it is shownthat substantial prejudice to any party will result, in which event a newhearing shall be held or the case dismissed without prejudice. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1985 (Reg.Sess., 1986), c. 1022, s. 1(1), 1(12), 1(15), c. 1028, s. 40; 1987, c. 878, s.8.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_150B > GS_150B-32

§ 150B‑32. Designation of administrative law judge.

(a)        The Director of the Office of Administrative Hearings shallassign himself or another administrative law judge to preside over a contestedcase.

(a1)      Repealed by Sessions Laws 1985 (Reg. Sess., 1986), c. 1022,s. 1(15), effective July 15, 1986.

(b)        On the filing in good faith by a party of a timely andsufficient affidavit of personal bias or disqualification of an administrativelaw judge, the administrative law judge shall determine the matter as a part ofthe record in the case, and this determination shall be subject to judicialreview at the conclusion of the proceeding.

(c)        When an administrative law judge is disqualified or it isimpracticable for him to continue the hearing, the Director shall assignanother administrative law judge to continue with the case unless it is shownthat substantial prejudice to any party will result, in which event a newhearing shall be held or the case dismissed without prejudice. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1985 (Reg.Sess., 1986), c. 1022, s. 1(1), 1(12), 1(15), c. 1028, s. 40; 1987, c. 878, s.8.)