SECTION .0300 – APPEALS TO THE FULL COMMISSION
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).