Tort Claims Rules of the
N.C. Industrial Commission

ARTICLE II. CLAIMS PROCEDURES

1. The Industrial Commission may, on its own motion, order a hearing, rehearing, or pre-trial conference of any case in dispute.
    

2. The Industrial Commission shall set a contested case for hearing in a location deemed convenient to witnesses and the Industrial Commission, and conducive to an early and just resolution of disputed issues.
    

3. In cases involving a plaintiff who is an inmate in the North Carolina Department of Correction, the Industrial Commission shall set contested cases for hearing as follows:
    

   1. In the prison unit where plaintiff is incarcerated or in some other prison facility or secure facility agreed upon by the Industrial Commission and the Attorney General’s office; or
       

   2. By videoteleconference according to procedures adopted by the Industrial Commission; or
       

   3. By telephone conference according to procedures adopted by the Industrial Commission.
       

4. The Industrial Commission may issue writs of habeas corpus ad testificandum in cases arising under the Tort Claims Act. Requests for issuance of a writ of habeas corpus ad testificandum should be sent to the Dockets Department of the Industrial Commission if the case has not been set on a calendar for hearing. If the case has been set for hearing, the request should be sent to the Deputy Commissioner or Commissioner before whom the case is set.
    

5. The Industrial Commission shall give reasonable notice of a hearing in every case. A motion for a continuance shall be allowed only in the discretion of the Commissioner or Deputy Commissioner before whom the case is set. Where a party has not notified the Industrial Commission of the attorney representing the party prior to the mailing of calendars for hearing, notice to that party shall constitute notice to the party’s attorney.
    

6. In cases involving minimal property damage, the Commission may, upon its own motion or upon the motion of either party, order a telephonic hearing on the matter.
    

7. In cases of multiple claim filings by an inmate, the Industrial Commission may consolidate all of the claims for hearing upon the motion of either party or upon the Commission’s own motion. Other cases may be consolidated according to Rule 42 of the North Carolina Rules of Civil Procedure.
    

8. In the event of inclement weather or natural disaster, hearings shall be cancelled if the proceedings in the General Court of Justice are cancelled in the county in which the Tort Claims hearings are set.

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