Commission may, on its own motion, order a hearing, rehearing, or
pre-trial conference of any case in dispute.
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.
involving a plaintiff who is an inmate in the North Carolina Department of
Correction, the Industrial Commission shall set contested cases for hearing
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
videoteleconference according to procedures adopted by the Industrial
conference according to procedures adopted by the Industrial Commission.
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.
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.
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.
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.
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.
Go to Tort Claims Rules Page