§126‑4.1.  Commission panels may recommend final agency decisions.

(a) The State PersonnelCommission ("Commission") may make a final agency decision in acontested case brought under Article 3 of Chapter 150B of the General Statutesupon the recommendation of a panel of its members appointed by the Chair.

(b) For contested casepurposes, the Chair of the Commission may appoint panels of four members, withthree panelists constituting a quorum of the panel. The Chair shall make everyeffort to provide that each category of Commission membership enumerated inG.S. 126‑2(b) shall be represented on the appointed panels.

(c) When a panel hearsand makes a recommendation in a contested case, that recommendation shall thenbe referred to the full Commission. Upon referral, the full Commission mayeither:

(1) Accept therecommendation of the panel and incorporate the panel's recommendation as theCommission's final decision; or

(2) Reject therecommendation of the panel and make a final decision upon consideration by thefull Commission. (1998‑181, s. 2.)