Childhood Vaccine-Related Injury Rules
of the North Carolina Industrial Commission

With amendments received through January 20, 1995.

TABLE OF CONTENTS

ARTICLE I. ADMINISTRATION

Rule 101
Locations 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 27611. The same office hours will be observed by the Industrial Commission as are or may be observed by other State offices in Raleigh.

Rule 102
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.

Rule 103
Official Forms.

The use of any printed forms other than those approved and adopted by this Commission is prohibited. Approved forms may be obtained from the Commission. Insurance carriers and self-insurers may prepare forms for their own use, provided: (1) that the color of the paper upon which the form is printed shall be substantially identical to that used on the approved Commission’s form, (2) no statement, question, or information blank contained on the approved Commission’s form is omitted from the substituted form, and (3) such substituted form is substantially identical in size and format with the approved Commission’s form.

ARTICLE II. RULES OF COMMISSION

Rule 201
Rules of Civil Procedure.

The Rules of Civil Procedure apply in cases involving a purported Childhood Vaccine-Related Injury, so long as such rules are consistent with Article 17 of Chapter 130A of the General Statutes, except as hereinafter specifically provided.

Rule 202
Procedure.

Upon provision of a copy of the claim and supporting documentation, including all available medical records pertaining to the alleged injury, as provided in N.C.G.S. §130A-425(b), further proceedings shall be suspended for a period of ninety (90) days during which the responsible government agencies shall determine and report their position on the issues listed in N.C.G.S. §130A-426(a). If the said agencies agree that the claimant is entitled to money compensation meeting or exceeding the maximum amount set forth in §130A-427(b), the Commission shall so notify the claimant and respondents, and further notify them of the services the Department of Human Resources proposes to provide pursuant to §130A-427(a)(5). The Commission shall thereafter allow the parties a reasonable period of time to settle the matter before proceeding to hearing.

Rule 203
Attorneys Fees.

At the conclusion of the case, counsel for the plaintiff shall submit to the Commission an account of time and services rendered the plaintiff for consideration in setting a fee pursuant to §130A-427(a)(4).

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