04 NCAC 10H .0205          REVIEW BY THE FULL COMMISSION

(a)  A party may request a review of an award filed by a Deputy Commissioner in an action pursuant to Article 12A of Chapter 143 of the General Statutes by filing a letter expressing a request for review to the Full Commission within 15 days of receipt of the award.  The award is binding on the parties if not appealed.

(b)  After receipt of notice of review, the Commission shall supply to the appellant and to the appellee a transcript of the record upon which the award is based and from which a review is being taken to the Full Commission. The appellant 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, with service on all opposing parties.

(c)  Grounds for review not set forth are deemed to be abandoned and argument thereon shall not be heard before the Full Commission.

(d)  When a review is made to the Full Commission, the appellant's brief, if any, in support of his ground for appeal shall be filed with the Commission, with service on all opposing parties no less than 15 days prior to the hearing on review.  The appellee shall have five days in which to file a reply brief, if deemed necessary, with the Commission, with service on all opposing parties.

(e)  Any motions by either party shall be filed with the Full Commission, with service on all opposing parties.

(f)  Upon the request of a party, or its own motion, 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 an award based on the record and briefs.

 

History Note:        Authority G.S. 143-166.4;

Eff. August 1, 1979;

Amended Eff. July 1, 2014.