04 NCAC 10K .0203          HEARINGS BEFORE A Deputy Commissioner

(a)  The Commission shall give no less than 30 days' notice of a hearing in every case.  A motion for a continuance shall be allowed by the Deputy Commissioner before whom the case is set only in the interests of justice or to promote judicial economy.  Where a claimant has not notified the Commission of the attorney representing the claimant prior to the mailing of calendars for hearing, notice to that claimant constitutes notice to the claimant's attorney.

(b)  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 tendered or delivered upon the Deputy Commissioner before whom the case is calendared, or to the attention of the Docket Section of the Commission should the case not be calendared.

(c)  The Commission may issue writs of habeas corpus ad testificandum in cases arising under the Eugenics Asexualization and Sterilization Compensation Program.  Requests for issuance of a writ of habeas corpus ad testificandum shall be served upon the Deputy Commissioner before whom the case is calendared, or upon the Docket Section of the Commission should the case not be calendared.

(d)  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 the county of the scheduled hearings are cancelled or delayed.

 

History Note:        Authority G.S. 143B-426.52(d); 143B-426.53(a),(d);

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).