Notice of Proposed Rulemaking

Notice of Proposed Rulemaking 

Notice is hereby given in accordance with G.S. 150B-21.2 and G.S. 150B-21.3A that the Industrial Commission intends to:

  • Adopt the rules cited as 11 NCAC 23A .0621; 11 NCAC 23B .0107, .0108, and .0209; 11 NCAC 23H .0102, and .0107; 11 NCAC 23I .0103; and 11 NCAC 23L .0106-.0133, .0201-.0202, .0301-.0302, .0401-.0407, .0501, and .0601;
  • Readopt with substantive changes the rules cited as 11 NCAC 23A .0101, .0104, .0107, .0108, .0301, .0302, .0403, .0404, .0404A, .0405, .0409, .0609, .0609A, .0610, .0612, .0617, .0619, .0702, .0903, and .1001; 11 NCAC 23B .0101, .0103, .0104, .0205, .0206, .0302, and .0503; 11 NCAC 23C .0105-.0110; 11 NCAC 23D .0107 and .0109; 11 NCAC 23E .0101-.0104 and .0203; 11 NCAC 23G .0101-.0109, .0111, and .0112; 11 NCAC 23H .0101, .0201-.0203, and .0205; 11 NCAC 23I .0101, .0102, and .0201; 11 NCAC 23J .0101; and 11 NCAC 23M .0102 and .0203;
  • Readopt without substantive changes the rules cited as 11 NCAC 23A .0102, .0103, .0109, .0201, .0401, .0402, .0406, .0408, .0410, .0411, .0501-.0503, .0601-.0608, .0611, .0613-.0616, .0620, .0701, .0703, .0704, .0801, .0901, and .0902; 11 NCAC 23B .0102, .0105, .0106, .0202-.0204, .0208,.0301, .0307, .0308, .0310, .0401-.0404, and .0501; 11 NCAC 23C .0101, .0103, .0201; 11 NCAC 23D .0108 and .0110; 11 NCAC 23E .0201, .0202, .0301, and .0302; 11 NCAC 23F .0101-.0107; 11 NCAC 23G .0110; 11 NCAC 23H .0203 and .0206; 11 NCAC 23I .0202 and .0203; 11 NCAC 23J .0102 and .0103; 11 NCAC 23L .0101-.0105; 11 NCAC 23M .0101, .0103, .0201, .0202, .0301, .0401, and .0501; and
  • Repeal through readoption the rules cited as 11 NCAC 23A .0106; 11 NCAC 23D .0102 and .0104; 11 NCAC 23F .0108; 11 NCAC 23H .0204; and 11 NCAC 23I .0204.

Reason for Proposed Action: Pursuant to G.S. 150B-21.3A, the Industrial Commission has reviewed its rules and proposes to readopt 67 rules with substantive changes; readopt 81 rules without substantive changes; repeal 6 rules; and adopt 48 new rules and 2 forms. Fiscal Notes have been prepared by the agency and approved and certified by OSBM for 11 NCAC 23A .0621, 11 NCAC 23B .0209, 11 NCAC 23G .0107 and 11 NCAC 23J .0101. 

With regard to the rule adoptions:

11 NCAC 23A .0621 is being adopted to align with G.S. 8B-8, which requires agencies to pay the fees and expenses for sign language interpreters who appear before the agency;

11 NCAC 23B .0107 is being adopted to codify computation of time provisions for State Tort claims;

11 NCAC 23B .0108 and 11 NCAC 23H .0207 are being adopted to codify the current practice for attorneys retained in State tort claims and Public Safety Employees' Death Benefit Act claims;

11 NCAC 23B .0209 is being adopted partially in response to a petition for rulemaking and partially to align with G.S. 8B-8; and

11 NCAC 23H .0102 and 11 NCAC 23I .0103 are being adopted to codify electronic filing requirements for claims filed under the Public Safety Employees' Death Benefit Act and the Childhood Vaccine-Related Injury Compensation Program.

With regard to the rule repeals: 

11 NCAC 23A .0106 is being repealed because the Industrial Commission no longer uses the data provided on the Form 51;

11 NCAC 23D .0102 is being repealed because "Employer" is defined in the Workers' Compensation Act; the definition of "Act" is unnecessary; and the definition of "employer network" is being added to 11 NCAC 23D .0101;

11 NCAC 23D .0104 is being repealed because the history notes set forth the effective date of the rules;

11 NCAC 23H .0204 is being repealed because written or recorded statements are not taken in Public Safety Employees' Death Benefit Act cases; and

11 NCAC 23I .0204 is being repealed because the Industrial Commission does not have statutory authority to impose sanctions in Childhood Vaccine-Related Injury Compensation Program cases.

With regard to the form adoptions: 

The Form 28D Notice of Termination of Compensation by Reason of Employee's Death is being adopted to provide employers and carriers with a manner to notify the Industrial Commission and an employee's family of termination of temporary total disability compensation due to an employee's death;
 
The Form V-1 Claim for Compensation for Childhood Vaccine-Related Injury is being adopted to provide a form for filing a claim for a childhood vaccine-related injury in accordance with G.S. 130A-425(b); and

11 NCAC 23L .0106-.0133, .0201, .0202, .0301, .0302, .0401-.0407, .0501, and .0601 are being adopted to comply with the requirements of G.S. 150B-2(8a)d.

Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or email. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 984-236-1850.

Written comments may be submitted to: Dana McGhee, Rulemaking Coordinator, via email to rulemaking@ic.nc.gov or via U.S. Mail to 1240 Mail Service Center, Raleigh, NC 27699-1240. Please note that the Industrial Commission strongly encourages the email submission of written comments as opposed to submitting written comments via U.S. Mail.

Comment period: November 16, 2026 through January 15, 2027

Proposed Effective Date: March 1, 2027

Notice and Proposed Rule Text 

Fiscal Notes Approved by OSBM:

Public Hearing: December 2, 2026, 2:00 p.m. in the Dobbs Building, Utilities Commission Hearing Room (Room #2115), 430 N. Salisbury St., Raleigh, NC 27603

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