TABLE OF CONTENTS
(Pursuant to authority contained in G.S. §143-166.4, the North Carolina Industrial Commission hereby adopts the following rules:)
I. LOCATION OF OFFICES AND HOURS OF BUSINESS.
The offices of the Industrial Commission are located in the Dobbs Building, 430 North Salisbury Street, in Raleigh, North Carolina. The same office hours as are or may be observed by other State offices in Raleigh will be observed by the Industrial Commission.
(The effective date of this rule is November 1, 1977.)
II. TRANSACTION OF BUSINESS BY THE COMMISSION.
The Commission will remain in continuous session subject to the call of the Chairman to meet as a body for the purpose of transacting such business as may come before it.
III. DETERMINATION OF CLAIMS BY THE INDUSTRIAL COMMISSION.
1. Upon application or request to the Industrial Commission for an award under the provisions of the Law-Enforcement Officers’, Firemen’s, Rescue Squad Workers’ and Civil Air Patrol Members’ Death Benefits Act, the Full Commission will determine whether sufficient information or evidence is contained in the Commission’s workers’ compensation or other files upon which to base an Order for the payment of benefits. If the Full Commission is satisfied that such an Order should be issued, it will, without conducting a formal hearing, file an appropriate Award directing the payment of benefits.
The Full Commission, on joint request of the interested parties or for good cause shown, may in its discretion, order or approve a settlement for less than the maximum amount set forth in G.S. §143-166.3.
2. If the Full Commission is of the opinion that it has insufficient information or evidence before it upon which basis an award for the payment of benefits should be issued, the Full Commission will place the case upon the Commission’s hearing docket in the county where the incident giving rise to the death is alleged to have occurred. The case will thereafter be set for hearing before a Hearing Commissioner or Hearing Deputy Commissioner in such county or in such other county n the Full Commission may direct, due notice of the hearing being given to all parties and to the Attorney General of the State of North Carolina who may appear as amicus curiae.
3. The Hearing Commissioner or Hearing Deputy Commissioner before whom the case is set for hearing, in his discretion, may order the parties to appear at a reasonable time and place for a pre-trial hearing to determine such matters as he deems necessary. The Hearing Commissioner or Deputy Commissioner will, having received all evidence pertinent to the case, thereafter proceed to file a Decision and Award in the case in which benefits are awarded or denied. Such Decision will be sent to all parties.
4. The Commission may, of its own motion, order a rehearing of any case.
5. The Commission will give reasonable notice of hearing in every case. Postponement or continuance of a scheduled hearing will rest entirely in the discretion of the Commission.
6. In all cases where it is suitable that infants or incompetents sue by their guardian ad litem, the Commission will appoint such guardian ad litem upon the written application of a reputable disinterested person closely connected with such infant or incompetent. But, if such person will not apply, then, upon the like application of some reputable citizen; and the Commission will make such appointment only after due inquiry as to the fitness of the person to be appointed.
7. Any claimant who gives to the opposing party or an agent of that party a written or recorded statement of the facts and circumstances surrounding his claim shall be furnished by the opposing party a copy of such statement within ten days upon request. Further, any claimant who has given such a statement shall, without request, be furnished by the opposing party a copy thereof immediately following a denial of his claim or no less than ten days prior to a pending hearing.
Such copy shall be furnished at the expense of the party to whom the statement was given.
If any party fails to comply with this rule, then an Order may be entered by the hearing officer prohibiting that party from introducing designated matters into evidence.
8. In the absence of written notice of appeal from the Decision and Award filed in such a case by the Hearing Commissioner or Hearing Deputy Commissioner within fifteen days from receipt of such award, the award as filed will be binding on the parties.
(The effective date of this rule is August 1, 1979.)
IV. APPEAL TO THE FULL COMMISSION.
1. In any case in which Decision is filed by Hearing Commissioner or Hearing Deputy Commissioner, appeal may be made to the Full Commission by giving written notice of appeal to the Commission within fifteen days from receipt of the Decision, with written statement of service of copy by mail or in person on opposing party or parties.
2. Upon receipt of notice of appeal, the Commission will supply to the appellant and to appellee a transcript of the record upon which is based the Decision and Award from which appeal is being taken to the Full Commission. The appellant shall, within ten days of receipt of transcript of the record, file with the Commission a written statement of the particular grounds for the appeal, with written statement of service of copy by mail or in person on opposing party or parties, unless such statement of grounds, in the discretion of the Commission, is waived.
Particular grounds for appeal not set forth will be deemed to be abandoned and argument thereon will not be heard before the Full Commission.
A nonappealing party is not required to file conditional assignments of error in order to preserve his rights for possible further appeals.
3. When an appeal is made to the Full Commission, appellant’s brief, if any, in support of his ground for appeal shall be filed in triplicate with the Commission, with written statement of service of copy by mail or in person on appellee no less than fifteen days prior to the hearing on appeal. Appellee shall have five days in which to file reply brief, if any, in triplicate with the Commission, with written statement of service of copy by mail or in person on opposing party or parties.
Any motions by either party shall be filed in triplicate with the Full Commission, with written statement of service of copy by mail or in person on opposing party or parties.
4. No new evidence will be presented to or heard by the Full Commission.
5. Ruling on a motion for a new hearing to take additional evidence will be governed by the general law of the State for the granting of new trials on the grounds of newly discovered evidence. Such motion must be written, supported by affidavit, and may be argued before the Full Commission at the time of the hearing on appeal.
6. The parties, or either of them, may waive oral argument before the Full Commission. In the event of such waiver, a Decision based on the record, exceptions, and briefs, if any, will be given by the Full Commission.
(The effective date of this rule is August 1, 1979.)
The Commission reserves the right, in its discretion, to amend its Rules at any time, with or without notice. Copies of the Rules are on file at the Office of the Secretary of State and at the Office of the Attorney General, and may be obtained therefrom in the usual manner.
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