The above captioned matter was heard as a contested case on October 30, 1978, at which time the complainant and the respondent board appeared and presented testimony and argument on the complaint.

      After consideration of the entire record, the following facts are found:

      1.  The respondent board is a public agency as defined by §1-18a(a), G.S.

      2.  On September 21, 1978, a quorum of the respondent board conducted a public hearing.

      3.  At some point during the course of such hearing a recess was called lasting approximately thirty minutes.

      4.  By letter filed with this Commission on October 4, 1978, the complainant alleged that the respondent board met in private at some time during the course of such recess and discussed a request for a continuance.

      5.  It is found that a quorum of the respondent board did not meet to discuss business at any time during the course of such recess.

      6.  It is therefore concluded that the complainant was not wrongfully denied the right to attend a public meeting as provided by §1-21, G.S.

       The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:

       1.  The complaint is hereby dismissed.