04 NCAC 10A .0611          HEARINGS BEFORE THE INDUSTRIAL COMMISSION

(a)  The Industrial Commission may on its own motion order a hearing or rehearing of any case in dispute.

(b)  The Industrial Commission shall set a contested case for hearing in a location deemed convenient to witnesses and the Industrial Commission, and conducive to an early and just resolution of disputed issues.

(c)  In setting contested cases for hearing, cases in which the payment of workers' compensation benefits is at issue shall take precedence over those cases in which the payment of workers' compensation benefits is not at issue.

(d)  The Industrial Commission will give reasonable notice of hearing in every case.  Postponement or continuance of a duly scheduled hearing will rest entirely in the discretion of a Commissioner or Deputy Commissioner.  Where a party has not notified the Industrial Commission of the attorney representing the party prior to the mailing of calendars for hearing, notice to that party shall constitute notice to the party's attorney.

(e)  The only parts of the Industrial Commission file of a contested case which are a part of the record on which a decision will be rendered are prior Opinion and Awards, form agreements, awards, and orders by the Industrial Commission; provided, however, that if provisions of the Workers' Compensation Act designate other documents as part of the record such documents shall also be a part of the record.  Any other documents which the parties wish to have included in the record must be introduced and received into evidence.

(f)  Hearing costs shall be assessed in each case set for hearing, including those cases which are settled after being calendared and notices mailed, and shall be payable upon receipt of a statement from the Industrial Commission.

(g)  In the event of inclement weather or natural disaster, hearings shall be canceled if the proceedings in the General Court of Justice in the county in which the hearings are set are canceled.

History Note:        Authority G.S. 97‑80(a);

Eff. January 1, 1990;

Amended Eff. June 1, 2000.