Section .0100 – Administration

Link to law: http://reports.oah.state.nc.us/ncac/title 04 - commerce/chapter 10 - industrial commission/subchapter b/subchapter b rules.html
Published: 2015

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SUBCHAPTER 10B – TORT CLAIMS RULES

 

SECTION .0100 – ADMINISTRATION

 

04 NCAC 10B .0101          LOCATION OF OFFICES AND HOURS OF

BUSINESS

For purposes of this Subchapter, the offices of the North

Carolina Industrial Commission (Commission) are located in the Dobbs Building,

430 North Salisbury Street, Raleigh, North Carolina.  Documents that are not

being filed electronically may be filed between the hours of 8:00 a.m. and 5:00

p.m. only.  Documents related to tort claims are permitted to be filed

electronically until 11:59 p.m. on the required filing date.

 

History Note:        Authority G.S. 143-291; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

04 NCAC 10B .0102          OFFICIAL FORMS

(a)  Copies of the Commission's rules, forms, and minutes

regarding tort claims can be obtained by contacting the Commission in person,

by written request mailed to 4340 Mail Service Center, Raleigh, NC 27699-4340,

or from the Commission's website.

(b)  The use of any printed forms other than those provided

by the Commission is prohibited, except that insurance carriers, self-insureds,

attorneys and other parties may reproduce forms for their own use, provided:

(1)           No statement, question, or information blank

contained on the Commission form is omitted from the substituted form.

(2)           The substituted form is identical in size

and format with the Commission form.

 

History Note:        Authority G.S. 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0103          FILING FEES

(a)  No tort claim shall be accepted for filing with the

Commission unless the claim is accompanied by an attorney's check, certified

check, money order, or electronic transfer of funds in payment of a filing fee

in an amount equal to the filing fee required for the filing of a civil action

in the Superior Court division of the General Court of Justice.

(b)  The provisions of Paragraph (a) of this Rule notwithstanding,

a tort claim that is accompanied by a Petition to Sue as an Indigent shall be

accepted for filing upon the date of its receipt.

(c)  A Petition to Sue as an Indigent shall consist of an

affidavit sufficient to satisfy the provisions of G.S. 1-110, stating that

plaintiff is unable to comply with Paragraph (a) of this Rule.

(d)  If the Commission determines the plaintiff is able to

pay all or any part of the fees assessed under this Rule, an Order shall be

issued directing payment of all or any part of that fee, and the plaintiff

shall, within 30 days from his receipt of the Order, forward to the Commission

an attorney's check, certified check, money order, or electronic fund transfer

for the full amount required to be paid.  Failure to submit the required amount

of the filing fee within this time shall result in the tort claim being

dismissed without prejudice.

(e)  Upon consideration of a prison inmate's Petition to Sue

as an Indigent, the Commission may determine that the inmate's tort claim is frivolous

and dismiss the claim pursuant to G.S. 1-110.  Appeals from the dismissal of a

tort claim pursuant to this statute shall proceed directly to the Full

Commission and shall be decided without oral argument. The Commission shall

forward a copy of the file to the Attorney General's Office without cost upon

plaintiff's notice of appeal to the Full Commission.

 

History Note:        Authority G.S. 143-291.2; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0104          FILING BY FACSIMILE TRANSMISSION

Filing documents pertaining to tort claims by facsimile

transmission is permitted.  Any filing fee required shall be received by the Commission

contemporaneously with the facsimile by electronic transfer of funds.

 

History Note:        Authority G.S. 143-291; 143-291.2;

143-297; 143-300;

Eff. May 1, 2000;

Amended Eff. July 1, 2014.

 

SECTION .0200 - CLAIMS PROCEDURES

 

04 NCAC 10B .0201          RULES OF CIVIL PROCEDURE

 

History Note:        Authority G.S. 143-300;

Eff. January 1, 1989;

Amended Eff. January 1, 2011; May 1, 2000;

Repealed Eff. July 1, 2014.

 

04 NCAC 10B .0202          MEDICAL MALPRACTICE CLAIMS BY PRISON

INMATES

(a)  In medical malpractice cases filed by or on behalf of

prison inmates where the plaintiff is alleging that a health care provider as

defined in G.S. 90-21.11 failed to comply with the applicable standard of care

under G.S. 90-21.12 and the defendant has filed a Motion to Dismiss the claim,

all discovery is stayed until the following occur:

(1)           A recorded hearing in which no evidence is

taken is held before a Deputy Commissioner or a Special Deputy Commissioner for

the purpose of determining:

(A)          whether a claim for medical malpractice has been

stated;

(B)          whether expert testimony is necessary for the

plaintiff to prevail; and

(C)          if expert testimony is deemed necessary, whether the

plaintiff will be able to produce such testimony on the applicable standard of

care.

(2)           Upon receipt of a Motion to Dismiss and

Request for Hearing from the defendant, the Commission issues an order setting

the motion on a hearing docket and the case is assigned to a Deputy

Commissioner or a Special Deputy Commissioner.

(b)  If the defendant's Motion to Dismiss is granted, an

appeal lies to the Full Commission.

(c)  If defendant's Motion to Dismiss is denied, the case

shall proceed as any other tort claims case. Defendant shall produce medical

records to plaintiff within 45 days of the Order of the Commission denying

defendant's Motion to Dismiss. Plaintiff shall then have 120 days to comply

with Rule 9(j) of the North Carolina Rules of Civil Procedure.

 

History Note:        Authority G.S. 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0206 Eff. April 17, 2000;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0203          INFANTS AND INCOMPETENTS

(a)  Persons seeking to appear on behalf of an infant or

incompetent, in accordance with G.S. 1A-1, Rule 17, shall apply on a Form 42 Application

for Appointment of Guardian Ad Litem.  The Commission shall appoint a fit

and proper person as guardian ad litem, if the Commission determines it

to be in the best interest of the minor or incompetent. The Commission shall

appoint the guardian ad litem only after due inquiry as to the fitness

of the person to be appointed.

(b)  The Commission may assess a fee to be paid to an

attorney who serves as a guardian ad litem for actual services rendered

upon receipt of an affidavit of actual time spent in representation of the

minor or incompetent as part of the costs.

 

History Note:        Authority G.S. 143-291; 143-295; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0307 Eff. April 17, 2000;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0204          MOTIONS

(a)  All motions regarding tort claims shall be filed with

the Docket Section, unless the case is currently calendared before a

Commissioner or Deputy Commissioner.  All motions in calendared cases shall be

filed with the Commissioner or Deputy Commissioner.

(b)  A motion shall state with particularity the grounds on

which it is based, the relief sought, and a statement of the opposing party's

position, if known.  Service shall be made on all opposing attorneys of record,

or on all opposing parties, if not represented.

(c)  All motions and responses thereto shall include a

proposed Order to be considered by the Commission.

(d)  By motion of the parties, or on its own motion, the

Commission may enlarge the time for an act required or allowed to be done under

the Rules in this Subchapter in the interests of justice or to promote judicial

economy. An enlargement of time may be granted either before or after the

relevant time requirement has elapsed.

(e)  Motions to continue or remove a case from the hearing

docket shall be made as much in advance as possible of the scheduled hearing

and shall be made in writing.  The moving party shall state that the other parties

have been advised of the motion and relate the position of the other parties

regarding the motion. Oral motions are permitted in emergency situations.

(f)  The responding party to a motion, with the exception of

motions to continue or to remove a case from a hearing docket, has 10 days

after a motion is served during which to file and serve copies of a response in

opposition to the motion. The Commission may shorten or extend the time for

responding to any motion in the interests of justice or to promote judicial

economy.

(g)  Notwithstanding Paragraph (f) of this Rule, a motion

may be acted upon at any time by the Commission, despite the absence of notice

to all parties and without awaiting a response.  A party who has not received

actual notice of the motion or who has not filed a response at the time such

action is taken and who is adversely affected by the ruling may request that it

be reconsidered, vacated, or modified.  Motions shall be determined without

oral argument, unless the Commission orders otherwise in the interests of

justice.

(h)  When a Motion to Amend Pleadings has been filed, served

upon opposing parties, and not previously ruled upon, the Commissioner or

Deputy Commissioner may permit amendment of pleadings at the time of the

hearing and then proceed to a determination of the case based on the evidence

presented at the time of the hearing without requiring additional pleadings.

(i)  Motions to dismiss or for summary judgment filed by the

defendant on the ground that plaintiff has failed to name the individual

officer, agent, employee or involuntary servant whose alleged negligence gave

rise to the claim, or has failed to properly name the department or agency of

the State with whom such person was employed, shall be ruled upon following the

completion of discovery.

(j)  Motions to reconsider or amend an order, opinion and

award, or decision and order, made prior to giving notice of appeal to the Full

Commission, shall be directed to the Deputy Commissioner who authored the

Opinion and Award.

(k)  Upon request of either party, or upon motion of the

Commission, motions shall be set for hearing before a Commissioner or Deputy

Commissioner.

 

History Note:        Authority G.S. 143-296; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0203 Eff. April 17, 2000;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0205          MEDIATION (EFFECTIVE JULY 1, 2014)

(a)  The parties to tort claims, by agreement or Order of

the Commission, shall participate in mediation. Any party participating in

mediation is bound by the Rules for Mediated Settlement and Neutral Evaluation

Conferences of the Commission found in 04 NCAC 10G, except to the extent the

same conflict with the Tort Claims Act or the rules in this Subchapter, in

which case the Tort Claims Act and the rules in this Subchapter apply.

(b)  An employee or agent of the named governmental entity

or agency shall be available via telecommunication. Mediation shall not be

delayed due to the absence or unavailability of the employee or agent of the

named governmental entity or agency.

 

History Note:        Authority G.S. 143-295; 143-296; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; January 1, 2011; May 1, 2000.

 

04 NCAC 10B .0206          HEARINGS

(a)  The Commission may, on its own motion, order a hearing,

rehearing, or pre-trial conference of any tort claim in dispute.

(b)  The Commission shall set a contested case for hearing

in a location deemed convenient to witnesses and the Commission, and conducive

to an early and just resolution of disputed issues.

(c)  The Commission may issue writs of habeas corpus ad

testificandum in cases arising under the Tort Claims Act. Requests for issuance

of a writ of habeas corpus ad testificandum shall be sent to the Docket Section

of the Commission if the case has not been set on a calendar for hearing.  If

the case has been set on a hearing calendar, the request shall be sent to the

Commissioner or Deputy Commissioner before whom the case is set.

(d)  The Commission shall give notice of a hearing in every

case.  A motion for a continuance shall be allowed only by the Commissioner or

Deputy Commissioner before whom the case is set in the interests of justice or

to promote judicial economy.  Where a party has not notified the Commission of

the attorney representing the party prior to the mailing of calendars for

hearing, notice to that party constitutes notice to the party's attorney.

(e)  In cases involving property damage of less than five

hundred dollars ($500.00), the Commission shall, upon its own motion or upon

the motion of either party, order a telephonic hearing on the matter.

(f)  All subpoenas shall be issued in accordance with Rule

45 of the North Carolina Rules of Civil Procedure, with the exception that

production of public records or hospital records as provided in Rule 45(c)(2),

shall be served upon the Commissioner or Deputy Commissioner before whom the case

is calendared, or upon the Docket Section of the Commission should the case not

be calendared.

(g)  In the event of inclement weather or natural disaster,

hearings set by the Commission shall be cancelled or delayed when the

proceedings before the General Court of Justice in that county are cancelled or

delayed.

 

History Note:        Authority G.S. 143-296; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0202 Eff. April 17, 2000;

Amended Eff. July 1, 2014; January 1, 2011; May 1, 2000.

 

04 NCAC 10B .0207          HEARINGS OF CLAIMS BY PRISON INMATES

(a)  In tort claims involving a plaintiff who is an inmate

in the North Carolina Division of Adult Correction, the Commission shall set

contested cases or motions for hearing as follows:

(1)           in the prison unit where plaintiff is

incarcerated or in some other prison facility or secure facility;

(2)           by videoteleconference; or

(3)           by telephone conference.

(b)  In cases involving multiple filings by an inmate, the

Commission may, in the interests of justice and for judicial economy,

consolidate all of the claims for hearing upon the motion of either party or

upon the Commission's own motion.

(c)  The witnesses incarcerated by the North Carolina

Division of Adult Correction may be subpoenaed by a writ of habeas corpus ad

testificandum.  Plaintiff shall file an Application and Writ of Habeas

Corpus Ad Testificandum, with a copy to the defendant, for review and

approval by the Deputy Commissioner before whom the matter is calendared for an

evidentiary hearing in accordance with G.S. 97-101.1.

(d)  All other subpoenas shall be issued in accordance with

Rule 45 of the North Carolina Rules of Civil Procedure, with the exception that

production of public records or hospital records as provided in Rule 45(c)(2),

shall be served upon the Commissioner or Deputy Commissioner before whom the

matter is calendared or upon the Docket Section of the Commission should the

case not be calendared.

 

History Note:        Authority G.S. 97-101.1; 143-296; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0204 Eff. April 17, 2000;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0208          HEARING COSTS

Costs relating to tort claims payable to the Commission are

due upon receipt of a bill or statement from the Commission.

 

History Note:        Authority G.S. 7A-305; 143-291.1;

143-291.2; 143-300;

Eff. July 1, 2014.

 

SECTION .0300 - APPEALS TO FULL COMMISSION

 

04 NCAC 10B .0301          SCOPE

The rules in this Section are the applicable Rules for

appeals of cases brought pursuant to Article 31 of Chapter 143 of the General

Statutes to the Full Commission.

 

History Note:        Authority G.S. 143-292; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0302          NOTICE OF APPEAL TO THE FULL

COMMISSION

A letter expressing an intent to appeal shall be considered

notice of appeal to the Full Commission within the meaning of G.S. 143-292,

provided that the letter specifies the Order, Opinion and Award, or Decision

and Order from which appeal is taken.

 

History Note:        Authority G.S. 143-292; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0303          PROPOSED ISSUES ON APPEAL

(a)  The appellant shall, within 25 days of receipt of the

transcript of the record, or receipt of notice that there will be no transcript

of the record, file with the Commission a written statement of the proposed

issues that the appellant intends to present on appeal.  The statement shall

certify service upon the opposing party or parties.  The purpose of the

proposed issues on appeal is to facilitate the preparation of the record on

appeal and does not limit the scope of the issues presented on appeal in

appellant's brief.

(b)  Failure to file the proposed issues on appeal may

result in the dismissal of the appeal either upon the motion of the

non-appealing party or upon the Full Commission's own motion.

 

History Note:        Authority G.S. 143-292; 143-300; 362 N.C.

191 (2008);

Eff. January 1, 1989;

Amended Eff. July 1, 2014; January 1, 2011; May 1, 2000.

 

04 NCAC 10B .0304          DISMISSALS OF APPEALS

 

History Note:        Authority G.S. 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0305 Eff. April 17, 2000;

Amended Eff. May 1, 2000;

Repealed Eff. July 1, 2014.

 

04 NCAC 10B .0305          BRIEFS TO THE FULL COMMISSION

(a)  An appellant shall file a Form 44 Application for

Review and brief in support of his grounds for review with the Commission, with

a certificate indicating service on the appellee, within 25 days after receipt

of the transcript, or receipt of notice that there will be no transcript.  The

appellee shall have 25 days from service of the appellant's brief to file a

reply brief with the Commission, with written statement of service on the

appellant.  When the appellant fails to file a brief, the appellee shall file

his brief within 25 days after the appellant's time for filing brief has

expired.  A party who fails to file a brief shall not be allowed oral argument

before the Full Commission.  If both parties appeal, they shall each file an

appellant's and appellee's brief on the schedule set forth in this Rule.  If

the matter has not been calendared for hearing, any party may file with the Docket

Director a written stipulation to a single extension of time not to exceed 15

days.  In no event shall the cumulative extensions of time exceed 30 days.

(b)  After request for review has been given to the Full

Commission, any motions related to the issues for review before the Full

Commission shall be filed with the Full Commission, with service on the other

parties. Motions related to the issues for review including motions for new

trial, to amend the record, or to take additional evidence, filed during the

pendency of a request for review to the Full Commission shall be argued before

the Full Commission at the time of the hearing of the request for review.

(c)  Cases shall be cited to the North Carolina Reports, the

North Carolina Court of Appeals Reports, or the North Carolina Reporter, and

when possible, to the Southeastern Reporter. Counsel shall not discuss matters

outside the record, assert personal opinions or relate personal experiences, or

attribute wrongful acts or motives to opposing counsel.

(d)  Briefs to the Full Commission shall not exceed 35

pages, excluding attachments. No page limit applies to the length of

attachments.  Briefs shall be prepared using a 12 point type, shall be double

spaced, and shall be prepared with non-justified right margins. Each page of

the brief shall be numbered at the bottom right of the page.  When a party

quotes or paraphrases testimony or other evidence from a transcript of the

evidence or from an exhibit in the party's brief, the party shall include, at the

end of the sentence in the brief that quotes or paraphrases the testimony or

other evidence, a parenthetic entry that designates the source of the quoted or

paraphrased material and the page number location within the applicable

source.  The party shall use "T" for transcript, "Ex" for

exhibit, and "p" for page number.  For example, (1) if a party quotes

or paraphrases material located in the transcript on page 11, the party shall

use the following format "(T p 11)" and (2) if a party quotes or

paraphrases material located in an exhibit on page 12, the party shall use the

following format "(Ex p 12)".  When a party quotes or paraphrases

testimony or other evidence in the transcript of a deposition in the party's

brief, the party shall include, at the end of the sentence in the brief that

quotes or paraphrases the testimony or other evidence from the deposition, a

parenthetic entry that contains the name of the person deposed and the page

number location within the transcript of the deposition.  For example, if a

party quotes or paraphrases the testimony of John Smith, located on page 11 of

the transcript of the deposition, the party shall use the following format

"(Smith p 11)".

 

History Note:        Authority G.S. 143-296; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0306 Eff. April 17, 2000;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0306          MOTION FOR NEW HEARING

 

History Note:        Authority G.S. 143-292; 143-296; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0310 Eff. April 17, 2000;

Amended Eff. May 1, 2000;

Repealed Eff. July 1, 2014.

 

04 NCAC 10B .0307          MOTIONS BEFORE THE FULL COMMISSION

(a)  After notice of appeal has been given to the Full

Commission, any motions related to the claim before the Full Commission shall

be filed with the Full Commission, with service on the other parties.

(b)  A Motion for a New Hearing must be filed in writing,

and supported by Affidavit.  Motions related to the issues for review including

motions for new trial, to amend the record, or to take additional evidence,

filed during the pendency of an appeal to the Full Commission shall be argued

before the Full Commission at the time of the hearing of the appeal.

 

History Note:        Authority G.S. 143-296; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0308 effective April 17,

2000;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0308          STAYS

When a case is appealed to the Full Commission, all orders,

opinion and awards, or decision and orders of a Deputy Commissioner are stayed

pending appeal.

 

History Note:        Authority G.S. 143-292; 143-296; 143-300;

Eff. May 1, 2000;

Amended Eff. July 1, 2014.

 

04 NCAC 10B .0309          NEW EVIDENCE

 

History Note:        Authority G.S. 143-300;

Eff. January 1, 1989;

Amended Eff. May 1, 2000;

Repealed Eff. July 1, 2014.

 

04 NCAC 10B .0310          WAIVER OF ORAL ARGUMENT

Upon the request of a party or its own motion, the

Commission may waive oral argument in the interests of justice or to promote

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

an award, based on the record and briefs.

 

History Note:        Authority G.S. 143-292; 143-296; 143-300;

Eff. January 1, 1989;

Recodified from 04 NCAC 10B .0311 Eff. April 17, 2000;

Amended Eff. July 1, 2014; May 1, 2000.

 

SECTION .0400 - APPEALS TO THE COURT OF APPEALS

 

04 NCAC 10B .0401          Scope

The rules in this Section are the applicable Rules for

appeals to the Court of Appeals pursuant to Article 31 of Chapter 143 of the

General Statutes.

 

History Note:        Authority G.S. 143-293; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014.

 

04 NCAC 10B .0402          STAYS

When a case is appealed to the Court of Appeals, all orders,

opinion and awards, or decision and orders of the Full Commission are stayed

pending appeal.

 

History Note:        Authority G.S. 143-292; 143-294; 143-296;

143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0403          MOTIONS FOR COURT OF APPEALS CASES

(a)  Prior to the docketing of the record on appeal in the

Court of Appeals, all motions filed by the parties regarding an appeal to the

Court of Appeals shall be addressed to and ruled upon by the Chair of the

Commission, or the Chair's designee.

(b)  A motion to reconsider or to amend an award of the Full

Commission shall be filed within 15 days of receipt of notice of the award.  An

award of the Full Commission is not final until the disposition is filed by the

Commission on the pending motion to reconsider or to amend an award.

 

History Note:        Authority G.S. 143-293; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0404          REMAND FROM APPELLATE COURTS

When a case is remanded to the Commission from the appellate

courts, each party may file a statement, with or without a brief to the Full

Commission, setting forth its position on the actions or proceedings, including

evidentiary hearings or depositions, required to comply with the court's

decision.  This statement shall be filed within 30 days of the issuance of the

court's mandate and shall be filed with the Commissioner who authored the Full

Commission decision or the Commissioner designated by the Chairman of the

Commission if the Commissioner who authored the decision is no longer a member

of the Commission.

 

History Note:        Authority G.S. 143-292; 143-296; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

 

SECTION .0500 – RULES OF THE COMMISSION

 

04 NCAC 10B .0501          WAIVER of Rules

In the interests of justice or to promote judicial economy,

the Commission may, except as otherwise provided by the rules in this

Subchapter, waive or vary the requirements or provisions of any of the rules in

this Subchapter in a case pending before the Commission upon written

application of a party or upon its own initiative only if the employee is not

represented by counsel.  Factors the Commission shall use in determining

whether to grant the waiver are:

(1)           the necessity

of a waiver;

(2)           the party's

responsibility for the conditions creating the need for a waiver;

(3)           the party's

prior requests for a waiver;

(4)           the

precedential value of such a waiver;

(5)           notice to and

opposition by the opposing parties; and

(6)           the harm to the

party if the waiver is not granted.

 

History Note:        Authority G.S. 143-291; 143-300;

Eff. January 1, 1989;

Amended Eff. July 1, 2014; May 1, 2000.

 

04 NCAC 10B .0502          RULEMAKING

 

History Note:        Authority G.S. 143-300;

Eff. January 1, 1989;

Repealed Eff. July 1, 2014.

 

04 NCAC 10B .0503          SANCTIONS

The Commission may, on its own initiative or motion of a

party, impose a sanction against a party, or attorney or both, when the

Commission determines that such party, or attorney, or both failed to comply

with the Rules in this Subchapter. The Commission may impose sanctions of the

type and in the manner prescribed by Rule 37 of the North Carolina Rules of

Civil Procedure.

 

History Note:        Authority G.S. 1A-1, Rule 37; 143-291;

143-296; 143-300;

Eff. January 1, 2011;

Amended Eff. July 1, 2014.