Section .0300 – Appeals To The Full Commission

Link to law: 04 - commerce/chapter 10 - industrial commission/subchapter k/04 ncac 10k .0301.html
Published: 2015

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04 NCAC 10K .0301          Appeal TO THE FULL COMMISSION

(a)  A claimant may appeal a Deputy Commissioner's final

decision by filing a notice of appeal to the Full Commission within 30 days of

receipt of notice of the Deputy Commissioner's decision, and may be filed by

using the form Notice of Appeal to the Full Commission under the Eugenics

Asexualization and Sterilization Compensation Program.  The Deputy Commissioner's

decision is binding if not appealed within the timeframe.

(b)  After receipt of notice of appeal, the Commission shall

supply to the claimant a transcript of the record upon which the Deputy

Commissioner's decision is based and from which an appeal is being taken to the

Full Commission. The claimant 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.

(c)  When an appeal is made to the Full Commission, the claimant

may file a written brief in support of his ground for appeal.  The brief shall

be filed with the Commission no less than 15 days prior to the hearing.  A

brief to the Full Commission shall not exceed 10 pages, excluding attachments.

(d)  Upon the request of the claimant, the Commission may

waive oral arguments in the interests of justice or to promote judicial

economy.  In the event of such waiver, the Full Commission shall file a

decision based on the record and briefs.


History Note:        Authority G.S. 143B-426.52(d); 143B-426.53(e);

Temporary Adoption Eff. December 3, 2013 and shall expire

on the earlier of the date all claims made under this section are finally

adjudicated or June 30, 2018 pursuant to G.S. 143B-426.52(d).