Industrial Commission Rules Currently in Effect
To view a complete set of the Industrial Commission Rules in the North Carolina Administrative Code, click here. Note: Rule modifications may not be immediately updated in the Code on the effective date, so always check the History Note of the rule. If a recently modified rule has not yet been updated in the Code, the rule may be found below under “Pending Rulemaking Information.”
Pending Rulemaking Information
NOTICE OF INDUSTRIAL COMMISSION REVIEW OF EXISTING RULES AND COMMENT PERIOD
PERIODIC REVIEW OF EXISTING RULES
N.C. Gen. Stat. §150B-21.3A requires all agencies to conduct a review of that agency’s rules every 10 years,
determining whether each rule is necessary or unnecessary. Necessary is defined as any rule other than an
unnecessary rule. Unnecessary is defined as a rule that the agency determines to be obsolete, redundant,
or otherwise not needed. Agencies must post a report issued by the Rules Review Commission on the agency’s
website to invite public comments for at least 60 days on the agency’s initial determinations as to whether
each rule is necessary or unnecessary. The agency is then required to respond to each public comment by
addressing the merits of each comment. After the comment period is over and the agency has had an opportunity
to make its final determinations as to whether each rule is necessary or unnecessary, the agency will send
the Rules Review Commission a report of its final determinations as to whether each rule is necessary or
unnecessary, as well as any public comments received on the agency’s initial determinations as to whether
each rule is necessary or unnecessary and the agency’s responses to any public comments.
WHERE TO FIND THE INDUSTRIAL COMMISSION REPORT
To view the report containing the Industrial Commission’s initial determinations (necessary or unnecessary)
for each of its existing rules, click
here.
COMMENT PERIOD
The Industrial Commission’s comment period on its initial determinations as to whether each rule is necessary
or unnecessary begins on February 16, 2024 and ends on April 22, 2024.
HOW TO SUBMIT COMMENTS
Please submit comments on the Industrial Commission’s initial determinations (necessary or unnecessary) to Gina
Cammarano, Rulemaking Coordinator. If possible, comments should be submitted via email here: gina.cammarano@ic.nc.gov
to ensure timely receipt of comments. In the alternative, comments may be mailed to: North Carolina Industrial
Commission; ATTN: Gina Cammarano; 1240 Mail Service Center; Raleigh, NC 27699-1240.
Each comment regarding the Industrial Commission's initial determination (necessary or unnecessary) should specify the full rule citation of the rule to which the comment corresponds. In other words, each rule should be cited in this format: 11 NCAC 23______(enter Letter of Rule Subchapter after the 23) .0____ (enter Rule Number after the 0).
Notice Required by Rule 26 NCAC 05 .0207: “Public comment” is defined by N.C. Gen. Stat. §150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to N.C. Gen. Stat. §150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Rules Review Commission review, as set forth in N.C. Gen. Stat. §150B-21.9(a).
Notice of Meeting
The Commissioners will meet on October 18, 2023, at 2 p.m. in Training Room 245 on the 2nd Floor of the Department of Insurance building, which is located at 325 N. Salisbury Street, Raleigh, NC 27603. Please click here for the meeting notice and agenda. Please click here to read the Petition for Rulemaking that will be considered and decided upon at the meeting.
Permanent Amendment to Rule 11 NCAC 23G .0104; Effective February 1, 2023.
On January 19, 2023, the Rules Review Commission approved the permanent Rule 11 NCAC 23G .0104 amendment adopted by the Industrial Commission on November 16, 2022, with technical corrections. Please click here to view the annotated version of the approved permanent rule amendment (with the technical corrections highlighted), which will go into effect February 1, 2023. Please click here to view the unannotated “clean text” of the rule effective February 1, 2023.
Industrial Commission Adopts Permanent Rule Amendment to 11 NCAC 23G .0104
On November 16, 2022, the Industrial Commission adopted a permanent rule amendment to 11 NCAC 23G .0104, and the adopted permanent rule amendment has been submitted to the Rules Review Commission. The permanent rule amendment as adopted by the Commission is available here. The Rules Review Commission is expected to consider the adopted permanent rule amendment at its December 15, 2022 meeting.
Notice of Meeting
The Commission will meet at 2:00 p.m. on November 16, 2022 in Room 2115 (Utilities Commission Hearing Room) on the 2nd Floor of the Dobbs Building, which is located at 430 N. Salisbury Street, Raleigh, NC 27603. Please click here for the meeting notice and agenda.
Transcript of October 17, 2022 Public Hearing on Proposed Permanent Rulemaking
On October 17, 2022, the Commission held a public hearing on the proposed amendment to Rule 11 NCAC 23G .0104. Please click here to view a transcript of the public hearing.
Notice of Public Hearing
The Industrial Commission will hold a public hearing on a proposed amendment to Rule 11 NCAC 23G .0104 on October 17, 2022 at 2 p.m. in Room 2115 (Utilities Commission Hearing Room) on the 2nd floor of the Dobbs Building, which is located at 430 N. Salisbury Street, Raleigh NC 27603. Please click here for the Public Hearing Notice and Agenda.
Notice of Proposed Rulemaking - Proposed Amendment: 11 NCAC 23G .0104
Please click here for the notice of proposed Industrial Commission Rulemaking published September 15, 2022 in the North Carolina Register (Volume 37, Issue 6).
The Industrial Commission will accept written comments from September 15, 2022 through November 14, 2022. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via e-mail at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh, NC 27699-1240. All parties are asked to submit written comments via email if at all possible.
The Industrial Commission will hold a public hearing on the proposed rule amendment on October 17, 2022 at 2 p.m. in Room 2115 (Utilities Commission Hearing Room) on the 2nd floor of the Dobbs Building, which is located at 430 N. Salisbury Street, Raleigh NC 27603.
Permanent Rule (11 NCAC 23E .0302) Approved by Rules Review Commission, Effective August 1, 2021
On July 15, 2021, the Rules Review Commission approved the permanent rule
(11 NCAC 23E .0302) that
was adopted by the Industrial Commission on June 17, 2021. Please click here
to view the approved permanent rule, which will go into effect on August 1, 2021.
Industrial Commission Adopts Permanent Rule 11 NCAC 23E .0302
On June 17, 2021, the Industrial Commission adopted permanent rule 11 NCAC 23E .0302, and the adopted permanent rule has been submitted to the Rules
Review Commission. The permanent rule as adopted by the Commission is available here.
The Rules Review Commission is expected to consider the adopted permanent rule at its July 15, 2021 meeting.
Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, June 17, 2021. Out of an
abundance of caution and to address protective measures to help prevent the spread
of COVID-19, this meeting will be held via teleconference only instead of being
held in person. The teleconference phone number is 1-888-363-4735 and the access
code is 4465746. Please click here for
the meeting notice and agenda.
Transcript of June 10, 2021 Public Hearing on Proposed Permanent Rulemaking
On June 10, 2021, the Commission held the public hearing on the proposed adoption of permanent Rule 11
NCAC 23E .0302. Please click here to view
a transcript of the public hearing.
Notice of Public Hearing
The Industrial Commission will hold a Public Hearing on proposed permanent
rulemaking (the proposed adoption of permanent rule 11 NCAC 23E .0302, Emergency Orders
and Directives of the Chief Justice of the North Carolina Supreme Court) at
2:00 p.m. on Thursday June 10, 2021. The Public Hearing will be held via teleconference
only. The teleconference phone number is 1-888-363-4735 and the access code is 4465746.
Please click here for the Public
Hearing Notice and Agenda.
Notice of Proposed Rulemaking- Proposed Adoption: 11 NCAC 23E .0302.
Please click here for the notice of proposed Industrial Commission Rulemaking published April 15, 2021 in the North Carolina Register (Volume 35, Issue 20).
The Industrial Commission will accept written comments from April 15, 2021 through June 14, 2021. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via e-mail at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh, NC 27699-1240. All parties are asked to submit written comments via email if at all possible.
The Industrial Commission will hold a public hearing on the proposed rule adoption on
June 10, 2021 at 2 p.m. Out of an abundance of caution and to address protective measures
to help prevent the spread of COVID-19, the public hearing will be held via teleconference
only instead of being held in person. The teleconference phone number is: 1-888-363-4735.
The access code is: 4465746.
Notice to All Carriers, Third-Party Administrators, and Self-Insured Employers: New Requirement to Provide Commission with Email Address for Claim-Related Documents
Effective March 1, 2021, all carriers, third-party administrators, and self-insured
employers are required to provide the Commission with an email address for receipt of
claim-related documents. The designated email address shall be provided to the Commission
at contactinfo@ic.nc.gov. The email address provided will be used in cases where the
Commission does not have an individual email address for the claims representative
assigned to the claim. (See Rule 11 NCAC 23A .0109(d)). Providing an email address
is mandatory and will insure timely receipt of claim-related documents.
Notice Regarding Electronic Document Filing Requirements
Until further notice, the Commission will continue to accept the filing of all documents consistent with the versions of Rule 11 NCAC 23A .0108 (for workers’ compensation claims) and Rule 11 NCAC 23B .0104 (for State tort claims) that were in effect through February 28, 2021. These versions are available by clicking below:
Permanent Amendments to Rules 11 NCAC 23A .0109, 11 NCAC 23B .0105, and 11 NCAC 23G .0104; Effective March 1, 2021
On February 18, 2021, the Rules Review Commission approved the three permanent rule
amendments that were adopted by the Industrial Commission on January 7, 2021, with
technical corrections. Please click here to view
the annotated versions of the three approved permanent rule amendments (with the technical
corrections highlighted), which will go into effect March 1, 2021. Temporary rule 11 NCAC 23G .0104,
which went into effect August 28, 2020, remains in effect until March 1, 2021.
Temporary Administrative Rule (11 NCAC 23E .0302) Approved by Rules Review Commission; Effective January 29, 2021
On January 21, 2021, the Rules Review Commission approved the temporary administrative
rule that was adopted by the Industrial Commission on January 7, 2021, with technical
corrections. Please click here to view the approved temporary administrative rule, which
will go into effect on January 29, 2021. Emergency rule 11 NCAC 23E .0302, which went
into effect November 6, 2020, remains in effect until January 29, 2021.
Industrial Commission Adopts Permanent Rule Amendments to 11 NCAC 23A .0109, 11 NCAC 23B .0105, and 11 NCAC 23G .0104
On January 7, 2021, the Industrial Commission adopted permanent rule amendments to 11 NCAC 23A .0109, 11 NCAC 23B .0105,
and 11 NCAC 23G .0104, and the adopted permanent rule amendments have been submitted to the Rules Review Commission.
The permanent rule amendments as adopted by the Commission are available here.
The Rules Review Commission is expected to consider the adopted permanent rule amendments at its February 18, 2021 meeting.
Industrial Commission Adopts Temporary Rule 11 NCAC 23E .0302
On January 7, 2021, the Industrial Commission adopted temporary rule 11 NCAC 23E .0302, and the adopted temporary rule
has been submitted to the Rules Review Commission. The temporary rule as adopted by the Commission is
available here. The Rules Review
Commission is expected to consider the adopted temporary rule at its January 21, 2021 meeting.
Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, January 7, 2021. Out of an
abundance of caution and to address protective measures to help prevent the spread
of COVID-19, this meeting will be held via teleconference only instead of being
held in person. The teleconference phone number is 1-888-363-4735 and the access
code is 4465746. Please click here for
the meeting notice and agenda.
All In-Person Mediations Must be Scheduled or Rescheduled for a Date on or after January 14, 2021
Consistent with Emergency Directive 1 of the December 14, 2020 Order of the
Chief Justice of the Supreme Court of North Carolina, and pursuant to the
Commission’s authority under 11 NCAC 23E .0302(b), the mediation attendance
requirements and provisions of 11 NCAC 23G .0104 have been varied to bring
Industrial Commission mediations in conformity with Emergency Directive
1. Accordingly, all in-person mediations must be scheduled or rescheduled
for a date on or after January 14, 2021.
Transcript of December 10, 2020 Public Hearing on Proposed Permanent and Temporary Rulemaking
On December 10, 2020, the Commission held the public hearing on the proposed permanent amendments to
Rules 11 NCAC 23A .0109, 11 NCAC 23B .0105, and 11 NCAC 23G .0104 and on a proposed temporary rule,
Rule 11 NCAC 23E .0302. Please click here to view a transcript of the public hearing.
Notice of Public Hearing
The Commission will hold a Public Hearing on proposed permanent rulemaking and
proposed temporary rulemaking at 2:00 p.m. on Thursday December 10, 2020. Out of
an abundance of caution and to address protective measures to help prevent the
spread of COVID-19, the Public Hearing will be held via teleconference only
instead of being held in person. The teleconference phone number is 1-888-363-4735
and the access code is 4465746. Please click here for the Public
Hearing Notice and Agenda.
Amendments to Rules 11 NCAC 23A .0104, .0408, .0409, .0501, .0903, 11 NCAC 23E .0104, and 11 NCAC 23L .0103 and new Rule 11 NCAC 23B .0106, Effective December 1, 2020; Amendments to Rules 11 NCAC 23A .0108, .0109, .0302, 11 NCAC 23B .0104, .0105, 11 NCAC 23L .0101, .0102, .0103, and .0105, Effective March 1, 2021.
On November 19, 2020, the Rules Review Commission approved seven rule amendments and one new rule that became effective December 1, 2020. Click here for a copy of the rules effective December 1, 2020.
The Rules Review Commission also approved nine rule amendments related to the Commission’s electronic
filing system, which have a delayed effective date of March 1, 2021 so as to coordinate with the rollout
of the Commission’s new case management system in early 2021. Click here for
a copy of the rules effective March 1, 2021.
Notice of Proposed Rulemaking- Proposed Amendments: 11 NCAC 23A .0109; 11 NCAC 23B .0105; and 11 NCAC 23G .0104.
Please click here for the notice of proposed Industrial Commission Rulemaking published November 2, 2020 in the North Carolina Register (Volume 35, Issue 9).
The Industrial Commission will accept written comments from November 2, 2020 through January 4, 2021. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via e-mail at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh, NC 27699-1240. All parties are asked to submit written comments via email if at all possible.
The Industrial Commission will hold a public hearing on the proposed rule amendments on
December 10, 2020 at 2 p.m. Out of an abundance of caution and to address protective measures
to help prevent the spread of COVID-19, the public hearing will be held via teleconference
only instead of being held in person. The teleconference phone number is: 1-888-363-4735.
The access code is: 4465746.
Emergency Rule 11 NCAC 23E .0302 Approved by Codifier of Rules; Effective Date November 6, 2020
The Industrial Commission has adopted an emergency rule, 11 NCAC 23E .0302, which has been approved by the Codifier of Rules
and is effective November 6, 2020. A copy of the text of the emergency rule can be found here:
11 NCAC 23E .0302- Emergency Rule Eff. 11-6-20
Notice of Proposed Temporary Rulemaking and Public Hearing- Proposed Adoption of Rule 11 NCAC 23E .0302
The Industrial Commission has initiated temporary rulemaking to adopt a new rule, Rule 11 NCAC 23E .0302.
A copy of the text of the proposed temporary rule can be found here:
11 NCAC 23E .0302- Proposed Temporary Rule
WRITTEN COMMENTS
The Industrial Commission will accept written comments on the proposed temporary rule adoption from October 28, 2020 through December 11, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via email at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh NC 27699-1240. Please note that emailing your written comments to Gina Cammarano is the preferred method at this time due to Industrial Commission staff working remotely, to the greatest extent possible, during the COVID-19 pandemic.
PUBLIC HEARING
The Industrial Commission will hold a public hearing on this proposed temporary rule adoption on Thursday December 10, 2020 at 2 p.m. Out of an abundance of caution and to address protective measures to help prevent the spread of COVID-19, the public hearing will be held via teleconference only instead of being held in person. The teleconference phone number is: 1-888-363-4735. The access code is: 4465746.
Please note that simultaneous with the submission of this proposed temporary rule, the Commission
has submitted an identically-worded emergency rule to OAH. If the emergency rule is approved by the Codifier
of Rules, the Commission will give notice to the interested parties of the approval of the emergency rule.
Industrial Commission Adopts New Tort Claims Rule (11 NCAC 23B .0106) and Adopts Rule Amendments to 11 NCAC 23A .0104, .0108, .0109, .0302, .0408, .0409, .0501, and .0903; 11 NCAC 23B .0104 and .0105; 11 NCAC 23E .0104; and 11 NCAC 23L .0101, .0102, .0103, and .0105
On September 24, 2020, the Industrial Commission adopted one new tort claims rule (11 NCAC 23B .0106) and amendments to 11 NCAC 23A .0104, .0108, .0109, .0302, .0408, .0409, .0501, and .0903; 11 NCAC 23B .0104 and .0105; 11 NCAC 23E .0104; and 11 NCAC 23L .0101, .0102, .0103, and .0105.
The rules as adopted by the Commission are available here. The highlighted portions of the rules show the differences between the adopted rules and the proposed rules that were published in the North Carolina Register. (Please note that the adopted rules consist of rules published in two separate issues of the North Carolina Register. Some of the adopted rules were published in Volume 34, Issue 14 of the North Carolina Register (11 NCAC 23A .0104, .0408, .0409, .0501, and .0903; 11 NCAC 23B .0106; 11 NCAC 23E .0104; and 11 NCAC 23L .0103) and some of the adopted rules were published in Volume 34, Issue 20 of the North Carolina Register (11 NCAC 23A .0108, .0109, and .0302; 11 NCAC 23B .0104 and .0105; and 11 NCAC 23L .0101, .0102, .0103, and .0105). Therefore, the link to the rules as adopted by the Commission first shows all the rules that were published in Volume 34, Issue 14 of the North Carolina Register and then shows all the rules that were published in Volume 34, Issue 20 of the North Carolina Register).
The Rules Review Commission is expected to consider these adopted rules at its November 19, 2020 meeting.
Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, September 24, 2020. Out of an
abundance of caution and to address protective measures to help prevent the spread
of COVID-19, this meeting will be held via teleconference only instead of being
held in person. The teleconference phone number is 1-888-363-4735 and the access
code is 4465746. Please click here for
the meeting notice and agenda.
Temporary Mediation Rule (11 NCAC 23G .0104) Approved by Rules Review Commission
On August 20, 2020, the Rules Review Commission approved the temporary mediation rule that was adopted by the
Industrial Commission on August 6, 2020, with technical corrections. Please click here to view the approved
temporary mediation rule, which will go into effect on August 28, 2020.
Industrial Commission Adopts Temporary Rule 11 NCAC 23G .0104
On August 6, 2020, the Industrial Commission adopted temporary rule 11 NCAC 23G .0104.
The temporary rule as adopted by the Commission is available here.
The highlighted portions of the adopted temporary rule show the differences between the adopted temporary rule and
the proposed temporary rule that was submitted to OAH on June 8, 2020. The Rules Review
Commission will consider the adopted temporary rule at its August 2020 meeting.
Notice of Meeting
The Commission will meet at 2:00 p.m. on Thursday, August 6, 2020. Out of an
abundance of caution and to address protective measures to help prevent the spread
of COVID-19, this meeting will be held via teleconference only instead of being
held in person. The teleconference phone number is 1-888-363-4735 and the access
code is 4465746. Please click here for
the meeting notice and agenda.
Transcript of June 25, 2020 Public Hearing on Proposed Temporary Rulemaking
The Commission held the public hearing on the proposed temporary amendment to Rule 11 NCAC 23G .0104 on June 25, 2020. Please click
here to view a transcript of the public hearing.
Notice of Public Hearing
The Commission will hold a Public Hearing on proposed temporary rulemaking (a proposed temporary amendment to
Rule 11 NCAC 23G .0104) at 2:00 p.m. on Thursday June 25, 2020. Out of an abundance of caution and to address
protective measures to help prevent the spread of COVID-19, the Public Hearing will be held via teleconference
only instead of being held in person. The teleconference phone number is 1-888-363-4735 and the access code
is 4465746. Please click here for
the Public Hearing Notice and Agenda.
June 8, 2020 Update: Industrial Commission Mediation Policies as of June 16, 2020
The Industrial Commission has adopted an emergency amendment to Rule 11 NCAC 23G .0104, which has been approved by the Codifier of Rules and which is effective as of June 16, 2020. A copy of the emergency rule amendment can be found here: 11 NCAC 23G .0104- Emergency Rule Amendment Eff. 6-16-20.
Under this emergency rule amendment, all Industrial Commission mediations shall be conducted remotely, unless all parties and persons required to attend the mediation, including the mediator, agree to conduct the mediation in person, or unless the Industrial Commission orders that the mediation shall be conducted in person following a motion filed with John Schafer, the Dispute Resolution Coordinator, pursuant to Rule 11 NCAC 23G .0104(b) and Rule 11 NCAC 23G .0111.
This emergency rule amendment was adopted by the Industrial Commission after the North Carolina Supreme Court entered an Order on June 3, 2020 amending Rule 4(a)(2) of the Rules for Mediated Settlement Conferences and Other Settlement Procedures in Superior Court Civil Actions, making attendance via remote technology the default method of attendance in Superior Court case mediations. Pursuant to G.S. §97-80(c), the Industrial Commission’s mediation rules must be substantially similar to the mediation rules approved by the Supreme Court for use in the Superior Court division. The amendment satisfies the statutory requirement.
The emergency rule amendment will proceed through both temporary and permanent rulemaking
under the Administrative Procedure Act over the course of the next 6-9 months.
Notice of Proposed Temporary Rulemaking and Public Hearing- Proposed Amendment to Rule 11 NCAC 23G .0104
The Industrial Commission has proposed temporary rulemaking to adopt an amendment to Rule 11 NCAC 23G .0104.
A copy of the text of the proposed temporary rule amendment can be found here: 11 NCAC 23G .0104- Proposed Temporary Rule Amendment
WRITTEN COMMENTS
The Industrial Commission will accept written comments on the proposed temporary rule amendment from June 15, 2020 through July 8, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator, via email at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh NC 27699-1240. Please note that emailing your written comments to Gina Cammarano is the preferred method at this time due to Industrial Commission staff working remotely, to the greatest extent possible, during the COVID-19 pandemic.
PUBLIC HEARING
The Industrial Commission will hold a public hearing on this proposed temporary rule
amendment on Thursday June 25, 2020 at 2 p.m. Out of an abundance of caution and to
address protective measures to help prevent the spread of COVID-19, the public hearing
will be held via teleconference only instead of being held in person.
The teleconference phone number is: 1-888-363-4735. The access code is: 4465746.
Transcript of May 6, 2020 Public Hearing on Proposed Rulemaking
The Commission held the Public Hearing on the proposed amendments to 11 NCAC 23A .0108, .0109, and .0302,
11 NCAC 23B .0104 and .0105, and 11 NCAC 23L .0101, .0102, .0103, and .0105 on May 6, 2020.
Please click here to view a transcript of the public hearing.
Notice of Public Hearing
The Commission will hold a Public Hearing on proposed rulemaking at 2:00 p.m. on
Wednesday, May 6, 2020. Out of an abundance of caution and to address protective measures
to help prevent the spread of COVID-19, the Public Hearing will be held via teleconference
only instead of being held in person. The teleconference phone number is 1-888-363-4735
and the access code is 4465746. Please click here
for the Public Hearing Notice and Agenda.
Technical Amendments to Rules 11 NCAC 23E .0101 (Instructions for Filing a Petition for Rule-Making) and 11 NCAC 23E .0102 (Mailing List), Effective April 1, 2020
Pursuant to N.C. Gen. Stat. § 150B-21.5(a)(4), Rules 11 NCAC 23E .0101 (Instructions for Filing a Petition
for Rule-Making) and 11 NCAC 23E .0102 (Mailing List) have been amended, effective April 1, 2020. The reason
for these amendments was to correct the Mail Service Center address stated in these rules. Please click here
for a copy of amended Rule 11 NCAC 23E .0101. Please click here for a copy of amended Rule 11 NCAC 23E .0102.
Technical Amendment to Rule 11 NCAC 23A .0619 (Foreign Language and Sign Language Interpreters), Effective April 1, 2020
Pursuant to N.C. Gen. Stat. § 150B-21.5(a), Rule 11 NCAC 23A .0619 (Foreign Language and Sign
Language Interpreters) has been amended, effective April 1, 2020. The reason for this amendment is that the rule contained
outdated information with regard to: (1) the title of a publication of the Office of Administrative Courts; (2) the section
number of the Code contained in this publication of the Office of Administrative Courts; and (3) the name of the Code contained
in this publication of the Office of Administrative Courts. Please click here
for a copy of the amended Rule.
Notice of Proposed Rulemaking- Proposed Amendments: 11 NCAC 23A .0108, .0109, and .0302; 11 NCAC 23B .0104 and .0105; 11 NCAC 23L .0101, .0102, .0103, and .0105.
Please click here for the notice of proposed Industrial Commission Rulemaking published April 15, 2020 in the North Carolina Register (Volume 34, Issue 20).
The Industrial Commission will accept written comments from April 15, 2020 through June 15, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator,via e-mail at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh, NC 27699-1240.
The Industrial Commission will hold a public hearing on the proposed rule
amendments on May 6, 2020 at 2 p.m. Out of an abundance of caution and to address
protective measures to help prevent the spread of COVID-19, the public hearing will be held via
teleconference only instead of being held in person. The teleconference phone
number is: 1-888-363-4735. The access code is: 4465746.
Notice of Proposed Rulemaking- Proposed Adoption: 11 NCAC 23B .0106; Proposed Amendments: 11 NCAC 23A .0104, .0408, .0409, .0501, .0903, 11 NCAC 23E .0104, and 11 NCAC 23L .0103
Please click here for the notice of proposed Industrial Commission Rulemaking published January 15, 2020 in the North Carolina Register (Volume 34, Issue 14).
The Industrial Commission will accept written comments from January 15, 2020 through March 16, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator,via e-mail at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh, NC 27699-1240.
The Industrial Commission will hold a public hearing on the proposed rule adoption and proposed rule
amendments on January 30, 2020 at 2 p.m. in Room 240 on the 2nd floor of the Department
of Insurance located in the Albemarle Building, 325 N. Salisbury Street, Raleigh NC 27603.
Transcript of January 30, 2020 Public Hearing on Proposed Rulemaking
The Commission held the Public Hearing on the proposed adoption of 11 NCAC 23B .0106 and proposed
amendments to 11 NCAC 23A .0104, .0408, .0409, .0501, .0903, 11 NCAC 23E .0104, and 11 NCAC 23L .0103
on January 30, 2020. Please click here to view a
transcript of the public hearing.
Notice of Proposed Rulemaking- Proposed Adoption: 11 NCAC 23B .0106; Proposed Amendments: 11 NCAC 23A .0104, .0408, .0409, .0501, .0903, 11 NCAC 23E .0104, and 11 NCAC 23L .0103
Please click here for the notice of proposed Industrial Commission Rulemaking published January 15, 2020 in the North Carolina Register (Volume 34, Issue 14).
The Industrial Commission will accept written comments from January 15, 2020 through March 16, 2020. Written comments may be sent to Gina Cammarano, Rulemaking Coordinator,via e-mail at gina.cammarano@ic.nc.gov or via U.S. mail at 1240 Mail Service Center, Raleigh, NC 27699-1240.
The Industrial Commission will hold a public hearing on the proposed rule adoption and proposed rule
amendments on January 30, 2020 at 2 p.m. in Room 240 on the 2nd floor of the Department
of Insurance located in the Albemarle Building, 325 N. Salisbury Street, Raleigh NC 27603.
Technical Amendment to Rule 11 NCAC 23A .0406 (Discount rate to be
used in determining commuted values), Effective October 1, 2019
Pursuant to
N.C. Gen. Stat. § 150B-21.5(a)(4),
Rule 11 NCAC 23A .0406 (Discount rate to be used in determining commuted values)
has been amended, effective October 1, 2019. The only amendment made to the Rule
was an amendment to correctly reflect the Internal Revenue Service's website address
for obtaining a copy of the Index of Applicable Federal Rate (AFR) Rulings. The correct
website address, as reflected in the amended Rule, is
https://apps.irs.gov/app/picklist/list/federalRates.html. Please click
here for a copy of the amended Rule.
Changes to Tort Rules, Effective March 21, 2019
On December 13, 2018, the Rules Review Commission approved amendments to Rules
11 NCAC 23B .0206 and .0503 and the repeal of 11 NCAC 23B .0207. However, the rules
received more than ten letters of objection, resulting in legislative review, pursuant
to N.C. Gen. Stat. § 150B-21.3. No bills objecting to the rules were filed, making
the rule changes effective March 21, 2019, the 31st legislative day of Session. Please
click here for a copy of the rules.
Changes to Tort Claims Rules, Effective March 1, 2019
On February 21, 2019, the Rules Review Commission approved changes to rules governing claims brought pursuant to the State Tort Claims Act. Please click here to view an annotated version of the approved rules. The changes will be effective March 1, 2019.
The rule changes implement a new form, the
T-42, Application for Appointment of Guardian ad Litem.
Additionally, the
T-1, Affidavit;
T-3, Release of Tort Claim; and
T-44, Application for Review
have been updated to reflect new instructions and filing requirements required by the rule changes.
All Industrial Commission forms are available here.
Commission Adopts Changes to Rules Governing State Tort Claims
On January 17, 2019, the Industrial Commission formally adopted changes to rules
governing claims brought pursuant to the State Tort Claims Act. The rules as adopted
by the Commission are available here. The
Rules Review Commission will consider the rules at its February meeting.
"Group 2" Permanent Rule Changes, Effective January 1, 2019
On December 13, 2018, the Rules Review Commission approved all proposed changes to the "Group 2" Workers' Compensation Rules and the Public Safety Employees' Death Benefits Act Rules as adopted by the Industrial Commission. Please click here to view an annotated version of the approved rules. For the convenience of the Commission's stakeholders, an overview of the substantive changes is available here. The changes will be effective January 1, 2019.
On the same day, the Rules Review Commission approved proposed changes to rules
governing the State Tort Claims Act. However, the Tort Rules received more than ten
letters of objection. As a result, the rules are subject to legislative review pursuant
to N.C. Gen. Stat. § 150B-21.3. An annotated version of the Tort Rules is available
here.
"Group 1" Permanent Rule Changes, Effective December 1, 2018
On November 15, 2018, the Rules Review Commission ("RRC") approved amendments to
Rules 11 NCAC 23A .0101, .0102, .0103, .0108, .0302, .0411, .0503, .0602, .0603, .0608, .0609A,
.0610, and .0611. The RRC also approved the repeal of Rule 11 NCAC 23A .0618. Please click
here to view an annotated version of the approved
rules, detailing all amendments. For the convenience of the Commission's stakeholders, an overview
of the substantive changes is available here. The
changes will go into effect December 1, 2018.
Commission Adopts Changes to "Group 2" Rules and Public Safety Employees' Death Benefits Act Rules
On November 19, 2018, the Industrial Commission formally adopted changes to the "Group 2" Workers' Compensation Rules and Tort Rules. The Group 2 Rules as adopted by the Commission are available here. Amendments made in response to public comments are highlighted. The Rules Review Commission will consider the proposed changes at its December meeting.
Additionally, the Commission adopted changes to the Public Safety Employees' Death Benefits Act Rules
under N.C. Gen. Stat. § 150B-21.5(a). The amendments reflect the title of the Act being changed from the
Law Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol Members' Death Benefits
Act to the Public Safety Employees' Death Benefits Act. The Rules Review Commission will also consider these
proposed amendments at its December meeting. The proposed changes are available
here.
Notice of Proposed Rulemaking: 11 NCAC 23B and 11 NCAC 23L Rules
Please click here to view a notice regarding two proposed adoptions, 15 proposed amendments, and two proposed repeals for rules governing State tort claims. The notice includes the text of the proposed rules, the public hearing time, and information on how to submit public comments.
The Commission held the public hearing on November 29, 2018. Please click
here to view a transcript of the public
hearing.
Notice of Proposed Rulemaking: 11 NCAC 23A Group 2 Rules and 11 NCAC 23B Rules
Please click here to view a notice regarding two
proposed adoptions and nine amendments for rules governing workers' compensation claims,
as well as two amendments and one repeal for rules governing State tort claims. The notice
includes the text of the proposed rules, the public hearing time, and information on how
to submit public comments.
Notice of Industrial Commission Rulemaking: 11 NCAC 23A Group 1 Rules
Please click here to view a notice regarding thirteen proposed amendments and one proposed repeal for rules governing workers' compensation claims. The notice includes the text of the proposed rules, the public hearing time, and information on how to submit public comments.
The Commission held the public hearing on Wednesday, September 26, 2018. Please click
here to view a transcript of the public hearing.
Permanent Rule Amendment to Medical Fee Schedule, Effective June 1, 2018
On October 19, 2017, the Rules Review Commission approved the rule amendment to Rule 04 NCAC 10J .0103 (recently recodified as 11 NCAC 23J .0103). Please click here to view an annotated version of the approved rule showing all amendments. However, the rule received ten or more letters of objection. Therefore, this rule was subjected to legislative review with a delayed effective date of the earliest of the 31st legislative day of the General Assembly's session or the date of adjournment.
Upon receiving additional clarification regarding the count of legislative days from the Senate Principal Clerk's Office and the House Principal Clerk's Office, it was determined the legislature reached its 31st day of this regular session on June 1, 2018. This clarification affected the rules of several agencies, including Rule 11 NCAC 23J .0103.
For dates of service between April 1, 2015 to May 31, 2018, the effective rule can be
found here. For dates of service on or after June 1, 2018,
the effective rule can be found here.
Recodification of Industrial Commission Rules
Effective June 1, 2018, the Industrial Commission's rules will be recodified from Title 04
Chapter 10 of the North Carolina Administrative Code to Title 11 Chapter 23 of the
Administrative Code. The recodification is part of the Industrial Commission's transfer from
the Department of Commerce to the Department of Insurance. As a result of the transfer, the
Industrial Commission's rules will move to Title 11 of the Administrative Code, the section
under the Department of Insurance. All references and citations to an Industrial Commission
rule on or after June 1, 2018, should use the recodified title and chapter citation. Questions
should be directed to
Meredith R. Henderson, Executive Secretary.
Opioid Utilization Rules and Companion Guide, Effective May 1, 2018
The North Carolina Industrial Commission Rules for the Utilization of Opioids, Related Prescriptions, and Pain Management in Workers' Compensation Claims are effective as of May 1, 2018. To assist employees, employers, carriers, health care providers, pharmacists, attorneys, and other stakeholders in the North Carolina workers' compensation system in understanding and implementing these Rules, the Industrial Commission has adopted a Companion Guide, effective May 1, 2018. The Companion Guide does not cover every aspect of the Rules, but rather provides guidance on rule provisions or topics as deemed necessary by the Industrial Commission. The Companion Guide also contains some additional guidelines established by the Industrial Commission that are not contained in, but complement, the Rules.
Please click here for additional information
and to access these materials.
Opioid Utilization Rules Approved by Rules Review Commission
On April 19, 2018, the Rules Review Commission approved nine rules adopted by the Industrial
Commission for the utilization of opioids, related prescriptions, and pain management treatment
in workers' compensation claims. Six of the nine rules were approved with technical corrections.
Please click here to view the nine approved rules. No letters
of objection were received. Therefore, these rules will go into effect on May 1, 2018.
Permanent Rule Amendment Approved by Rules Review Commission
On April 19, 2018, the Rules Review Commission approved the rule amendment with technical
corrections to Rule 04 NCAC 10A .0107. Please click here to
view an annotated version of the approved rule showing all amendments. No letters of objection
were received. Therefore, this rule as amended is effective as of May 1, 2018.
Notice of Letter to Rules Review Commission Regarding Periodic Review Exemption Request
Please click here to review the April 11, 2018
letter sent to the North Carolina Rules Review Commission requesting an exemption from
the current round of periodic review of existing rules.
Important News Regarding Ambulatory Surgery Center Fee Schedule Rule [UPDATED]
On November 21, 2017, by a unanimous decision, the Court of Appeals issued an Opinion reversing the August 9, 2016 Decision of Superior Court Judge Paul Ridgeway and remanding the case for entry of an order affirming the Industrial Commission's December 14, 2015 Declaratory Ruling. The Court of Appeals held that the ambulatory surgery center provisions of the workers' compensation medical fee schedule that became effective April 1, 2015 were promulgated in accordance with the Administrative Procedure Act and are valid retroactively and prospectively. Please click here to read that decision.
On April 6, 2018, the North Carolina Supreme Court denied Surgical Care Affiliates' request
for a Petition for Discretionary Review. This leaves in place the November 2017 Court of Appeals
decision in favor of the Industrial Commission. Rule 04 NCAC 10J .0103, effective April 1, 2015,
continues to be the effective fee schedule for ambulatory surgery centers.
Notice of Industrial Commission Rulemaking
Please click here to view a notice regarding nine proposed rules for the utilization of opioids, related medications, and pain management treatment in workers' compensation claims. This notice includes information on the public hearing and the written comment period for the rules proposed for adoption.
A news release discussing this initiative by the Industrial Commission can be found here. The Commission held the public hearing on Friday, March 2, 2018. Please click here to view a transcript of the public hearing. The Commission accepted written comments on the proposed rule through Monday, March 19, 2018. Please click here to review the written public comments. This page will be updated periodically as the comments are received.
On March 20, 2018, the Commission approved the adoption of nine permanent rules in
new Subchapter 04 NCAC 10M. The rules were filed with the Rules Review Commission at
the Office of Administrative Hearings. Please click here
to view adopted rules. Please click here
to read a news release discussing this step in the rulemaking process.
Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10A .0107
Please click here to view a notice regarding proposed changes to the Computation of Time and Notice by the Commission, Rule 04 NCAC 10A .0107, including the public hearing date and the written comment period for the proposed rule amendment.
The Commission held the public hearing on Friday, March 2, 2018. Please click here to view a transcript of the public hearing. The Commission accepted written comments on the proposed rule through Monday, March 19, 2018, although none were received.
On March 20, 2018, the Commission approved a permanent rule amending 04 NCAC 10A .0107. The rule was filed with the Rules Review Commission at the Office of Administrative Hearings.
`Notice of Meeting
The Commission will meet at 1:00 p.m. on Tuesday, March 20, 2018, in the Industrial
Commission Hearing Room, Room 2173 of the Dobbs Building. Please click
here for more information.
Notice of Letter to Rules Review Commission Regarding Periodic Review
Please click here to review the March 9, 2018 letter
sent to the North Carolina Rules Review Commission, regarding Industrial Commission rules
subject to the current round of periodic review of existing rules.
Notice of Withdrawn Proposed Rule Amendment
The Industrial Commission has withdrawn the proposed rule amendment to 04 NCAC 10E .0203, Fees Set by the Commission. Notice of this proposed amendment was published in the North Carolina Register on November 15, 2017 and was posted on the Commission's website here. Through prudent management of financial resources and the cooperation of the Department of Insurance, the Industrial Commission is pleased to announce that the temporary fee increase in the proposed rulemaking will not be necessary. Now that the Commission's funds are wholly transferred from the Department of Commerce to the Department of Insurance, the Industrial Commission will not move forward with the proposed rule amendment.
` `Notice of Public Hearing Cancellation
Chairman Charlton Allen has canceled the public hearing scheduled for 10:00 a.m. on
Thursday, December 21, 2017, regarding the proposed amendment to Industrial Commission
Rule 04 NCAC 10E .0203. Through the Commission's prudent management of financial resources
and the cooperation of the Department of Insurance, the Commission is hopeful it will not
be necessary to institute a temporary fee increase at this time. The Commission anticipates
the proposed rule will be withdrawn at such time as the Commission's funds are wholly
transferred from the Department of Commerce to the Department of Insurance.
Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10E .0203
Please click here to view a notice regarding
proposed changes to the Fees Set by the Commission, Rule 04 NCAC 10E .0203, including the
public hearing date and the written comment period for the proposed rule amendment. The notice
contains the website link for the fiscal note approved by the Office of State Budget and
Management regarding the proposed rule amendment.
Permanent Rule Amendment Approved by Rules Review Commission
On October 19, 2017, the Rules Review Commission approved the rule amendment to Rule
04 NCAC 10J .0103. Please click
here to view an annotated
version of the approved rule showing all amendments. However, the rule received ten or more
letters of objection. Therefore, this rule is subjected to legislative review with a delayed
effective date of the 31st legislative day of the General Assembly's session beginning May 2018.
The current rule in effect can be found
here.
Rulemaking Archives
Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10J .0103
Please click here to view a notice regarding proposed changes to the Commission's Medical Fee Schedule, Rule 04 NCAC 10J .0103, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.
The Commission held the public hearing on Wednesday, July 19, 2017. Please click here to view a transcript of the public hearing. The Commission will also accept written comments on the proposed rule through August 14, 2017. The Commission accepted written comments from June 15, 2017 through August 14, 2017. Please click here to review the comments timely received, as well as three public comments received after the deadline.
The Commission approved a permanent rule amending Rule 04 NCAC 10J .0103. The rule was filed with the Rules Review Commission at the Office of Administrative Hearings on September 19, 2017.
Notice of Meeting
The Commission will meet at 3:00 P.M. on September 18, 2017 in Room 2173 of the Dobbs Building. Please click here for more information.
Notice of Meeting
The Commission will meet at 2:30 P.M. on Wednesday, August 16, 2017, in Room 6037 of the Dobbs Building, located at 430 North Salisbury Street, Raleigh, NC 27603. Please click here for more information.
Important News Regarding Temporary Rule Amending 04 NCAC 10J .0103, Effective January 1, 2017
An approved temporary rule amendment to Rule 04 NCAC 10J .0103 went into effect on January 1, 2017. A legal challenge to this temporary rule was filed in Wake County Superior Court. Please click here to see a copy of the March 21, 2017 Order deciding the legal challenge. The Commission is currently reviewing the matter and will provide updates as to any further related legal proceedings. In light of the March 21, 2017 Order, this version of Rule 04 NCAC 10J .0103 is currently in effect for dates of service of January 1, 2017 or later.
Permanent Rule Amendment Approved by Rules Review Commission
On January 19, 2017, the Rules Review Commission approved the rule amendment with technical corrections to Rule 04 NCAC 10A .0108. Please click here to view an annotated version of the approved rule showing all amendments. This rule can also be found in the North Carolina Administrative Code here. No letters of objection were received. Therefore, this rule is effective as of February 1, 2017.
Notice of Proposed Amendment to Industrial Commission Rule 04 NCAC 10A .0108
Please click here to view a notice regarding proposed changes to the Commission's electronic filing rule, 04 NCAC 10A .0108, including the public hearing date and the written comment period for the proposed rule amendment. The notice contains the website link for the fiscal note approved by the Office of State Budget and Management regarding the proposed rule amendment.
The Commission held the public hearing on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. The written comment period closed on December 16, 2016. The Commission did not receive any written comments.
The Commission approved a permanent rule amending 04 NCAC 10A .0108. The rule was filed with the Rules Review Commission at the Office of Administrative Hearings on December 20, 2016. Please click here to view the permanent rule.
Notice of Meeting
The Commission will meet at 10:00 A.M. on December 20, 2016 in Room 6037 of the Dobbs Building. Please click here for more information.
Temporary Rule Amendment Approved by Rules Review Commission
The temporary rule amendment to Rule 04 NCAC 10J .0103 adopted by the Industrial Commission was reviewed and approved by the Rule Review Commission on December 15, 2016. Please click here to view the approved rule, which will go into effect on January 1, 2017.
Notice of Industrial Commission Temporary Rulemaking
Please click here to view a notice regarding a proposed temporary rule amending workers' compensation medical fee schedule rule 04 NCAC 10J .0103 in light of the August 9, 2016 court decision in Surgical Care Affiliates, LLC v. North Carolina Industrial Commission, No. 16-CVS-0060 (Wake County Superior Court). This notice includes the public hearing date and the written comment period for the proposed temporary rule.
The Commission held the public comment meeting on Friday, November 18, 2016. Please click here to view a transcript of the public hearing. The Commission accepted written comments from October 19, 2016 through November 29, 2016. Please click here to review the comments.
The Commission approved a temporary rule amending 04 NCAC 10J .0103. The temporary rule was filed with the Rules Review Commission at the Office of Administrative Hearings on December 6, 2016. Please click here to view the temporary rule.
Important News Regarding Ambulatory Surgery Fee Schedule Rules and Public Comment Meeting on October 3, 2016
On August 9, 2016, Superior Court Judge Paul Ridgeway entered a Decision invalidating the ambulatory surgery center provisions of the workers' compensation medical fee schedule that became effective April 1, 2015. Please click here to read that decision. The decision has been stayed pursuant to a September 2, 2016 Order by Judge Ridgeway. Click here to view the Order.
The Industrial Commission scheduled a non-mandatory public comment meeting on October 3, 2016, to consider appropriate steps for the Industrial Commission to take in light of the August 9, 2016 Decision. Please click here to view the meeting notice. Please click here for the cost analyses published by NCCI and NCRB that are referenced in the meeting notice. The cost analyses may be used by the public in formulating any comments or proposals prior to or following the public comment meeting.
The Commission held the public comment meeting on Monday, October 3, 2016. Please click here to view a transcript of the public comment meeting. Per the above-mentioned notice, the Commission will continue to accept comments through Monday, October 10, 2016.
The Industrial Commission received the following proposals on September 26, 2016. As stated in the meeting notice, members of the public may attend the meeting on October 3, 2016, to address oral comments on these proposals to the Commission. Additionally, any person may present written comments in response to the proposals by October 10, 2016, as described in the meeting notice referenced above. In accordance with the meeting notice, the Commission is posting all proposals received. The proposals are listed in chronological order of receipt.
- Proposal from Surgical Care Affiliates, LLC. Please click here.
- Proposal from 21 employer, insurance, and third-party administrator organizations. Please click here.
- Proposal from the National Association of Mutual Insurance Companies. Please click here.
- Proposal from the North Carolina Hospital Association. Please click here.
Following the public comment meeting on October 3, 2016, the Commission accepted additional written comments and corresponding documentation through October 10, 2016. These comments are listed below in order of receipt. The Commission appreciates the participation of all persons and entities throughout this process. All proposals, written comments, and oral presentations shall be taken under advisement in considering the rulemaking options to address the effects of the August 9, 2016 court decision.
New Industrial Commission Rules, Effective February 1, 2016
Please click here to view the ten new and amended Industrial Commission rules, effective February 1, 2016. These rules will appear in the North Carolina Administrative Code on or before February 1, 2016. To access all current Industrial Commission rules, click here. The new Industrial Commission Electronic Filing rule is 04 NCAC 10A .0108. The rules that have been amended are 04 NCAC 10A .0101, 04 NCAC 10A .0404, 04 NCAC 10A .0405, 04 NCAC 10A .0502, 04 NCAC 10A .0609, 04 NCAC 10A .0609A, 04 NCAC 10A .0610, 04 NCAC 10A .0613, and 04 NCAC 10A .0617. The changes to 04 NCAC 10A .0101 went into effect on January 1, 2016.
The Rules Review Commission, at its December 17th meeting, approved the new rules. The rules
were initially adopted by the Industrial Commission on November 20, 2015 and were the subject
of a public hearing, held on October 20, 2015.
New Rules Approved
On December 17, 2015, the Rules Review Commission approved ten rules adopted by the Industrial Commission. Seven of the ten rules were approved with technical corrections. Click here for the ten approved rules. No letters of objection were received. Therefore, these rules will go into effect on February 1, 2016. One rule, 04 NCAC 10A .0101, will go into effect on January 1, 2016.
We are in the process of updating our rules page to reflect all rules currently in
effect and the rules that will change on January 1, 2016 and February 1, 2016.
Proposed Industrial Commission Rules
The Industrial Commission held a public hearing on October 20, 2015, regarding its proposed
e-filing and other rules. Please click
here for the transcript
of the public hearing and the proposed rules. The written comment period ended
November 17, 2015. One written comment was
received. Click here
to review the comment. The rules were adopted by the Industrial Commission without changes
and filed with the Rules Review Commission on November 20, 2015. It is anticipated that the
Rules Review Commission will review the adopted rules at its December 17, 2015 meeting.
NOTICE OF PROPOSED INDUSTRIAL COMMISSION RULES - September 15, 2015
Please click here to
view a notice regarding rule changes proposed by the Commission, including the public
hearing date and the written comment period for the proposed rules. The notice contains
website links for the fiscal note approved by the Office of State Budget and Management
regarding the proposed rules.
Revised Industrial Commission Medical Fee Schedule Rules
Please click here to view
the news release regarding approval of new Medical Fee Schedule rules.
New Industrial Commission Rules Effective November 1, 2014
Please click here to view all Industrial Commission rules, including the new rules effective November 1, 2014. You may also access the rules via "Attorneys" and "Links" on the Industrial Commission homepage. The new Industrial Commission fee rules are Rules 04 NCAC 10E .0202 and 04 NCAC 10E .0203. The increased fees are as follows:
Mediator's Report: $200
Form 21/26/26A: $300
CSA (“Clinchers”): $400
Industrial Commission Rules Update -- New rules effective November 1, 2014
On October 16, 2014, the Rules Review Commission approved ten rules adopted by the Industrial Commission pursuant to Session Law 2014-77. Click here for the ten approved rules. No letters of objection were received. Therefore, these ten rules will go into effect on November 1, 2014.
In addition, all new workers' compensation rules and vocational rehabilitation rules adopted and approved in 2012 and 2014 that have been held in abeyance will go into effect on November 1, 2014.
Please click here to see the mark-up versions
of the new rules that will go into effect on November 1, 2014. We are in the process of updating our
rules page to reflect all rules currently in effect and the rules that will change on November 1, 2014.
Industrial Commission Rules Update
Pursuant to the requirements set out in Senate Bill 794 (Session Law 2014-77), on September 25, 2014, the Industrial Commission submitted 10 adopted permanent rules for review by the Office of Administrative Hearings. Click here to view the adopted rules. It is anticipated that these rules will be considered by the Rules Review Commission at its October 16, 2014 meeting.
The Commission will continue to provide updates regarding rulemaking on this page of the Industrial
Commission's website. Should you have any questions, please call Meredith R. Henderson at (919) 807-2575
or Ryan Boyce at (919) 807-2582.
Industrial Commission Rules Update
Pursuant to the requirements set out in Senate Bill 794 (Session Law 2014-77), the Industrial Commission submitted 10 proposed permanent rules to the Office of Administrative Hearings for publication. The proposed rules were published on the Office of Administrative Hearings website on August 14, 2014. To access the proposed rules, click here.
The Commission will hold a public hearing on the proposed rules on September 8, 2014 at 10:00 a.m. The public hearing will be held in Room 2173 of the Dobbs Building, 430 North Salisbury Street, Raleigh, NC 27603. The public may also send written comments regarding the proposed rules to meredith.henderson@ic.nc.gov from August 20, 2014 to September 15, 2014.
The Commission will continue to provide updates regarding rulemaking on this page of the
Industrial Commission's website. Should you have any questions, please call Meredith R. Henderson at
(919) 807-2575 or Sumit Gupta at (919) 807-2684.
Industrial Commission Rules Update
In January 2014, the Industrial Commission submitted 35 proposed permanent rules to the N.C. Office of Administrative Hearings for appropriate publication. The Rules Review Commission approved all 35 rules during its March and April meetings. However, eight of the rules received ten or more letters of objection and were subjected to legislative review.
On July 22nd, Senate Bill 794 was signed into law by Governor Pat McCrory. Senate Bill 794 (Session Law 2014-77) disapproved the eight rules mentioned above, as well as two additional rules made by Industrial Commission in 2012 and 2014. This law provides guidance on how to revise the ten disapproved rules and requires that the new rules be re-adopted through the temporary rulemaking process in time for potential legislative review during the General Assembly's 2015 Regular Session.
Senate Bill 794 does not affect the rules that became effective July 1, 2014. To access all rules that are currently in effect, click here .
The Industrial Commission will continue to provide updates on the status of its rules on this page of
the Industrial Commission's website. Should you have any additional questions, please call Meredith R. Henderson
at (919) 807-2575 or Sumit Gupta at (919) 807-2684.
Industrial Commission Rules Update
Click here to access the new and revised Industrial Commission rules that will be effective July 1, 2014. The new and revised rules are in the following Subchapters:
- 10B (Tort Claims Rules)
- 10D (Managed Care Organizations)
- 10E (Administrative Rules)
- 10F (Electronic Billing Rules)
- 10G (Rules for Mediated Settlement and Neutral Evaluation Conferences)
- 10H (Rules Relating to the Law Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol Members' Death Benefits Act)
- 10I (Childhood Vaccine-Related Injury Rules)
- 10J (Fees for Medical Compensation)
- 10L (Industrial Commission Forms)
There are eight permanent rules adopted by the Industrial Commission pursuant to Session Law 2013-294 that are subject to legislative review pursuant to N.C. Gen. Stat. §150B-21.3(b2). Click here to view the permanent rules subject to legislative review.
The Industrial Commission will continue to provide updates on the status of its rules on this page
of the Industrial Commission's website. Should you have any additional questions, please call
Meredith R. Henderson at (919) 807-2575.
Electronic Medical Billing and Payment
Pursuant to N.C. Gen. Stat. § 97-26(g1), the Industrial Commission was directed to adopt rules requiring electronic medical billing and payment processes. The Industrial Commission subsequently adopted Electronic Billing Rules 101-109 in 2012. These rules were then held in abeyance in conjunction with other rule making efforts and to allow the Commission to develop an implementation guide. The Electronic Billing and Payment Companion Guide is now in final form and ready for publication. Click here for access to the guide. This guide can also be accessed on the Commission's webpages for Carriers and for Medical Providers.
The date for implementation of electronic medical billing in the adopted rules referenced above is
March 1, 2014. The Commission received and considered feedback and multiple requests for extensions of
the March 1, 2014 deadline from employers, carriers, third-party administrators, and medical billing
companies. In order to allow these stakeholders additional time for preparation, the Commission will
not require compliance with the Electronic Billing Rules until July 1, 2014, with regard to
electronic medical billing processes. The rules and portions of the companion guide that govern and
require electronic medical payment processes will not be mandatory until January 1, 2015.
No additional extensions will be granted.
Update Regarding NCIC Rules
Pursuant to Session Law 2013-294, known as Senate Bill 174 to Disapprove Industrial Commission Rules, the Industrial Commission will be reviewing the disapproved rules and complying with Section 11 of the bill. In the interim, the Industrial Commission will continue to operate under the rules as set forth on our website:
In light of Section 4 of Session Law 2013-294, the Industrial Commission will be taking the necessary steps to review the new statutory process and the existing Rule 609A Medical Motions and Emergency Medical Motions. If the existing Rule 609A conflicts with Section 4 of Session Law 2013-294, the Industrial Commission will provide notification of any process to repeal Rule 609A.
On January 1, 2013, two new rules became effective and have been updated on our website: 04
NCAC 10A .0301 Proof of Insurance Coverage
and 04 NCAC 10J .0101 Fees for Medical Compensation.
No additional changes have been made to the Industrial Commission's rules at this time.
Update Regarding NCIC Rules
The Industrial Commission announces that the adopted rules have been approved by the Rules Review Commission. On January 1, 2013, two new rules became effective, 04 NCAC 10A .0301 Proof of Insurance Coverage and 04 NCAC 10J .0101 Fees for Medical Compensation.
The Medical Fee Schedule has been updated to reflect the changes in accordance with 04 NCAC 10J .0101(c). Click here for the updated Medical Fee Schedule.
Pursuant to G.S. §150B-21.3(b2), a portion of the approved rules are subject to legislative
review. All remaining approved rules have a delayed effective date, to be determined
in accordance with the legislative review. Click here for the
rules subjected to legislative
review and the approved rules with a delayed
effective date.
Proposed Industrial Commission Rules
The Industrial Commission held a public hearing on October 20, 2015, regarding its proposed
e-filing and other rules. Please click
here for the transcript
of the public hearing and the proposed rules.
Update Regarding Proposed Industrial Commission Rules
On January 20th, the Industrial Commission adopted its proposed physician and hospital
fee schedule rule changes and submitted all four rules to the Rules Review Commission for
consideration at the February 19th meeting. The proposed rules may be viewed
here.
Prior to adoption, the Industrial Commission held a public hearing on December 17th and
accepted written comments through January 16th. Please click
here to access the transcript
of the public hearing. Please click
here to access the written
comments on the proposed rules.
Update Regarding Proposed Industrial Commission Rules
Please click here to view the proposed physician and hospital fee schedule rule changes proposed by the Commission.
After appropriate notice to the public, the Industrial Commission held a public hearing on the proposed rules at 2 p.m. on Wednesday, December 17th. Please click here to access the transcript of the public hearing. The public may submit written comments regarding the proposed rules through January 16, 2015. Click here for information regarding how to submit written comments.
It is anticipated that the Industrial Commission will adopt a final version of the proposed
rules by January 20, 2015, and submit them for review by the Rules Review Commission at its
February 19, 2015 meeting.
Industrial Commission Rules Update
On March 20, 2014, the Rules Review Commission (RRC) of the Office of Administrative Hearings reviewed 35 permanent rules adopted by the Industrial Commission pursuant to Session Law 2013-294. The RRC approved 31 of the rules and objected to four of them. The four disapproved rules were revised and resubmitted to the Rules Review Commission for review at its April 17, 2014 meeting, at which time they were approved. Click here for the 35 approved rules.
The RRC received 10 or more letters requesting legislative review of eight of the 35 approved rules pursuant to N.C. Gen. Stat. §150B-21.3(b2). Therefore, these rules will be subject to legislative review when the Legislature comes into session in May 2014. Click here to view the approved rules subject to legislative review. Because these eight rules cannot go into effect at this time, the Industrial Commission has requested that certain approved permanent rules be held in abeyance pursuant to N.C. Gen. Stat. §150B-21.3(b1) and (b2).
The rules to be held in abeyance include 04 NCAC 10A .0101-.0604, .0606-.0609, .0610-.0619, .0702-.1001 (Workers' Compensation Rules) and 04 NCAC 10C .0101-.0108, .0110-.0201 (Rules for Utilization of Rehabilitation Professionals in Workers' Compensation Claims), as well as 04 NCAC 10E .0201-.0202, which relate to certain fees of the Industrial Commission. The request to hold these rules in abeyance is based on concerns about conflicts between old and new rules and because several of these rules are intertwined with rules that are subject to legislative review.
The remainder of the approved permanent rules of the Industrial Commission shall go into effect on July 1, 2014. These rules will likely be codified this week and a link will be provided at that time.
For the current version of the Industrial Commission rules, please go to http://reports.oah.state.nc.us/ncac.asp?folderName=\Title 04 - Commerce\Chapter 10 - Industrial Commission or to the Industrial Commission Rules.
The Industrial Commission will continue to provide updates throughout the rulemaking process on this page
of the Industrial Commission's website. Should you have any additional questions, please call Meredith R. Henderson
at (919) 807-2575.
N.C. Industrial Commission Publishes Adopted Rules
In compliance with the Administrative Procedure Act, the North Carolina Industrial Commission has published
adopted rules. The adopted rules are currently under
review by the Rules Review Commission of the North Carolina Office of Administrative Hearings.
The Notice of Rulemaking, the text of the proposed rules, and the fiscal impact analysis previously
published on July 16, 2012, can be found here. The Industrial
Commission accepted written comments from the public regarding the proposed rules through September 14,
2012. The written comments received during this period can be found
here. A public hearing on the rules
changes was held on August 6, 2012. The transcript of the hearing is available
here.
Industrial Commissions Rules Update
In accordance with HB 709, the Commission began working diligently on the prospect of being subject to the Administrative Procedure Act even prior to ratification of the legislation on June 24, 2011. In addition to the passage of HB 709, SB 781 became law on July 25, 2011. The Commission took aggressive steps to understand the implications of SB 781 and what requirements would be placed on the Commission to comply with HB 709 and SB 781.
A rules committee was formed at the end of July, and the first meeting was held on August 3, 2011. One of the first steps taken by the rules committee was to seek outside input on the rules from both external stakeholders and internal stakeholders, requesting parties to propose changes to existing rules and to propose changes made necessary by HB 709. Upon receipt of all proposals, the information was compiled and the committee met on a weekly basis to review every rule found in existence in our statute book. We continued to correspond with OAH and OSBM, as was necessary for furthering our understanding of the process, even meeting with OAH in early September of 2011. The rules committee, along with various other individuals within the Commission, attended a CLE offered by OAH and OSBM to ensure a proper understanding of the process and procedures for rule adoption under HB 709 and SB 781. Furthermore, all of the rules as revised by the rules committee underwent a preliminary review with OAH prior to completion of fiscal notes to minimize technical errors.
The Commission is presently finalizing the fiscal notes and a packet will be submitted to OSBM for review
in accordance with SB 781. The Commission would like to offer a thank you to all of the external stakeholders
that have provided suggestions during this process and who have responded to our deadlines. We continue to
pursue a very aggressive timeline in order to accomplish the task set forth in HB 709.
Industrial Commission Adopts New Rules, Effective Jan. 1, 2011
Following proper public notice on and after August 9, 2010
(click here to view this
notice), and a public hearing on September 15, 2010,
(click here to view the
transcript of this hearing; to view written comments submitted to the Commission,
click here),
and upon due consideration after a careful review of the record, the North Carolina Industrial
Commission has adopted the attached amendments and additions to the existing Rules of the Commission.
To view the text of the rule changes,
click here. These changes are effective as of January 1, 2011.
