§ 163-127.4. Conduct of hearing by panel.
§ 163‑127.4. Conduct ofhearing by panel.
(a) The panelconducting a hearing under this Article shall do all of the following:
(1) Within five businessdays after the challenge is filed, designate and announce the time of thehearing and the facility where the hearing will be held. The hearing shall beheld at a location in the district reasonably convenient to the public, andshall preferably be held in the county receiving the notice of the candidacy orpetition. If the district for the office covers only part of a county, thehearing shall be at a location in the county convenient to residents of thedistrict, but need not be in the district.
(2) Allow fordepositions prior to the hearing, if requested by the challenger or candidatebefore the time of the hearing is designated and announced.
(3) Issue subpoenas forwitnesses or documents, or both, upon request of the parties or upon its ownmotion.
(4) Render a writtendecision within 20 business days after the challenge is filed and serve thatwritten decision on the parties.
(b) Notice of Hearing. The panel shall give notice of the hearing to the challenger, to thecandidate, other candidates filing or petitioning to be elected to the sameoffice, to the county chair of each political party in every county in thedistrict for the office, and to those persons who have requested to benotified. Each person given notice shall also be given a copy of the challengeor a summary of its allegations.
Failure to comply with thenotice requirements in this subsection shall not delay the holding of a hearingnor invalidate the results if the individuals required by this section to benotified have been notified.
(c) Conduct of Hearing. The hearing under this Article shall be conducted as follows:
(1) The panel may allowevidence to be presented at the hearing in the form of affidavits supportingdocuments, or it may examine witnesses. The chair or any two members of thepanel may subpoena witnesses or documents. The parties shall be allowed toissue subpoenas for witnesses or documents, or both, including a subpoena ofthe candidate. Each witness must be placed under oath before testifying. TheBoard shall provide the wording of the oath to the panel.
(2) The panel mayreceive evidence at the hearing from any person with information concerning thesubject of the challenge, and such presentation of evidence shall be subject toChapter 8C of the General Statutes. The challenger shall be permitted topresent evidence at the hearing, but the challenger shall not be required totestify unless subpoenaed by a party. The panel may allow evidence to bepresented by a person who is present.
(3) The hearing shall berecorded by a reporter or by mechanical means, and the full record of thehearing shall be preserved by the panel until directed otherwise by the Board.
(d) Findings of Factand Conclusions of Law by Panel. The panel shall make a written decision oneach challenge by separately stating findings of facts, conclusions of law, andan order.
(e) Rules by Board. The Board shall adopt rules providing for adequate notice to parties,scheduling of hearings, and the timing of deliberations and issuance ofdecisions. (2006‑155,s. 1.)