04 NCAC 10A .0609          Motions Practice in Contested Cases

(a)  Motions and responses before a Deputy Commissioner:

(1)           in cases that are currently calendared for hearing before a Deputy Commissioner shall be filed in accordance with Rule .0108 of this Subchapter.

(2)           to reconsider or amend an Opinion and Award, made prior to giving notice of appeal to the Full Commission, shall be addressed to the Deputy Commissioner who authored the Opinion and Award and filed in accordance with Rule .0108 of this Subchapter.

(b)  Motions and responses shall be filed with the Office of the Executive Secretary in accordance with Rule .0108 of this Subchapter:

(1)           when a case is not calendared before a Deputy Commissioner;

(2)           once a case has been continued or removed from a Deputy Commissioner's calendar; or

(3)           after the filing of an Opinion and Award when the time for taking appeal has run.

(c)  Motions and responses before the Full Commission:

(1)           in cases calendared for hearing before the Full Commission shall be addressed to the Chair of the Full Commission panel and filed in accordance with Rule .0108 of this Subchapter.

(2)           filed after notice of appeal to the Full Commission has been given but prior to the calendaring of the case shall be addressed to the Chair of the Commission and filed in accordance with Rule .0108 of this Subchapter.

(3)           in cases continued from the Full Commission hearing docket, shall be addressed to the Chair of the panel of Commissioners who ordered the continuance and filed in accordance with Rule .0108 of this Subchapter.

(4)           filed after the filing of an Opinion and Award by the Full Commission but prior to giving notice of appeal to the Court of Appeals shall be addressed to the Commissioner who authored the Opinion and Award and filed in accordance with Rule .0108 of this Subchapter.

(d)  Motions and responses thereto shall include a caption containing the Industrial Commission file number(s), party names, and a title identifying the nature of the motion or response.  Motions and responses set forth in the body of electronic mail correspondence or contained in a brief will not be accepted for filing by the Commission.  This Paragraph does not apply to parties without legal representation.

(e)  A motion shall state with particularity the grounds on which it is based, the relief sought, and 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.

(f)  Motions to continue or remove a case from the hearing calendar on which the case is set shall be made as much in advance as possible of the scheduled hearing and may be made in written or oral form.  In all cases, the moving party shall provide the basis for the motion and state that the other parties have been advised of the motion and relate the position, if known, of the other parties regarding the motion.  Oral motions shall be followed with a written motion from the moving party.

(g)  The responding party to a motion shall have 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.

(h)  A party who has not received actual notice of a motion or who has not filed a response at the time action is taken and who is adversely affected by the action may request that it be reconsidered, vacated, or modified.  Motions shall be determined without oral argument unless the Commission determines that oral argument is necessary for a complete understanding of the issues.

(i)  Where correspondence relative to a case before the Commission is sent to the Commission, copies of such correspondence shall be contemporaneously sent by the same method of transmission to the opposing party or, if represented, to opposing counsel.  Written communications, whether addressed directly to the Commission or copied to the Commission, may not be used as an opportunity to introduce new evidence or to argue the merits of the case, with the exception of the following:

(1)           written communications, such as a proposed order or legal memorandum, prepared pursuant to the Commission's instructions;

(2)           written communications relative to emergencies, changed circumstances, or scheduling matters that may affect the procedural status of a case such as a request for a continuance due to the health of a litigant or an attorney;

(3)           written communications sent to the tribunal with the consent of the opposing lawyer or opposing party, if unrepresented; and

(4)           any other communication permitted by law or the Rules of the Commission.

(j)  All motions and responses thereto shall include a proposed Order in Microsoft Word format to be considered by the Commission.

 

History Note:        Authority G.S. 97-79(b); 97-80(a); 97-84; 97-91;

Eff. January 1, 1990;

Amended Eff. February 1, 2016; November 1, 2014; June 1, 2000; March 15, 1995.