AN ACT TO DISAPPROVE CERTAIN RULES ADOPTED BY THE NORTH CAROLINA INDUSTRIAL COMMISSION, TO PROVIDE SPECIFIC DIRECTIONS TO THE INDUSTRIAL COMMISSION TO REPLACE THE RULES, TO AMEND CERTAIN PROVISIONS OF THE WORKERS' COMPENSATION LAW; AND TO ALLOW THE CONFERENCE OF CHIEF DISTRICT JUDGES TO PRESCRIBE UNIFORM STATEWIDE PRESUMPTIVE GUIDELINES FOR THE COMPUTATION OF RETROACTIVE CHILD SUPPORT OBLIGATIONS. Enacted July 22, 2014. Effective July 22, 2014.
Summary date: Jul 22 2014 - View Summary
Summary date: Jul 1 2014 - View Summary
House committee substitute makes the following changes to the 4th edition.
Amends GS 50-13.4(c1) to direct the Conference of Chief District Judges to prescribe uniform statewide presumptive guidelines for computing child support obligations that also include retroactive child support obligations.
Amends the act's long title to reflect the change in bill content.
Summary date: Jun 19 2014 - View Summary
Senate amendment makes the following changes to the 2nd edition.
Disapproves 04 NCAC 10A.0702 (Review of Administrative Decisions), as adopted by the Industrial Commission on September 20, 2012, and approved by the Rules Review Commission on October 18, 2012.
Amends GS 97-25(f)(2) to make technical corrections to clarify procedures governing a party's choosing to request a full evidentiary hearing instead of filing a motion with the Executive Secretary for an administrative ruling when appealing a ruling under subdivision (1) of this subsection or when appealing an administrative ruling of the Chief Deputy or the Chief Deputy's designee on an emergency motion. Provides that the provision declaring that in the case of an appeal the record must be closed within 60 days of the filing of the appeal applies to appeals under subdivisions (1) and (3) under this subsection. Amends subdivision (3) to provide that either party may appeal the decision of the Chief Deputy or the Chief Deputy's designee on the emergency motion by requesting an expedited formal hearing. Deletes provisions regarding when the Deputy or the Deputy's designee's decision may or may not be stayed. Makes a technical correction by deleting "Chair or the Chair's" and replacing it with "Chief Deputy or the Chief Deputy's" designee.
Adds a new subdivision (8) to Section 6 providing actions that the North Carolina Industrial Commission must take to amend 04 NCAC 10A .0702 (Review of Administrative Decisions). Directs the Commission to delete subdivision (3) from subsection (a) of the rule, renumber existing subdivisions, and add a new subsection (e), which provides that this rule does not apply to medical motions filed under GS 97-25 but allows a party to request reconsideration of an administrative ruling on a medical motion, request a stay, or request an evidentiary hearing de novo as set forth in GS 97-25.
Makes additional clarifying changes and technical corrections to the remainder of this bill.
Summary date: Jun 18 2014 - View Summary
Senate committee substitute makes the following changes to the 1st edition:
Changes the long title.
Disapproves 04 NCAC 10A .0202 (Hearing Costs or Fees), as adopted by the Industrial Commission on March 11, 2014, and approved by the Rules Review Commission on March 20, 2014.
Amends GS 97-25, Medical treatment and supplies, deleting certain provisions concerning medical motions, enacted by SL 2013-294 and which provided that in claims subject to GS 97-18(b) and (d), a party can file an expedited, emergency, or other medical motion with the Office of the Chief Deputy Commissioner, with the non-moving party having the right to contest the motion. Deleted sections setting out the procedures for submitting motions and responses as well as the procedures for conducting an informal hearing on the motions. Adds new language which provides that in claims subject to GS 97-18(b) and (d), a party can file a specified motion regarding a request for medical compensation or a dispute involving medical issues. Nonmoving parties have the right to contest the motion and all motions and responses are to be submitted contemporaneously via electronic mail to the Industrial Commission and to the opposing party/attorney. Sets out motions and procedures allowed as well as other processes and procedures, including a motion filed with the Executive Secretary for an administrative ruling regarding a request for medical compensation or a request to have a full evidentiary hearing pursuant to GS 97-84. Also sets out factors to consider in granting or denying a motion and a provision allowing the assessment of fees if it is determined any party has acted unreasonably. Requires emergency medical motions to be filed with the Office of the Chief Deputy Commissioner and requires a ruling within five days. Provides for appeals.
Amends GS 97-78(g)(2) to require that the total number of requests for, and disputes involving, medical compensation under GS 97-25 in which final disposition was not reached in 75 days (was, 45 days) of the filing of the motion be reported by the Industrial Commission in its annual report to the Joint Legislative Commission on Governmental Operations.
Directs the Industrial Commission to adopt rules to replace the rules disapproved by this act and sets out seven specific directions that the rules must be adopted in accordance with.
Directs the Industrial Commission to adopt permanent rules as provided in this act in accordance with the procedures and timelines for temporary rules pursuant to GS 150B-21.1(a3). Requires the Industrial Commission to consult with the Office of Administrative Hearings to ensure that rules are submitted to the Rules Review Commission in time to be eligible for legislative disapproval in the 2015 Session of the General Assembly.
Provides that the rules of the Industrial Commission effective on the effective date of SL 2011-287 will remain in effect until rules adopted to replace the disapproved rules become effective.
Summary date: May 19 2014 - View Summary
Disapproves 04 NCAC 10A .0605 (Discovery), 04 NCAC 10A .0701 (Review by the Full Commission), 04 NCAC 10A .0109 (Vocational Rehabilitation Services and Return to Work), 04 NCAC 10E .0203 (Fees Set by the Commission), 04 NCAC 10L .0101 (Form 21), 04 NCAC 10L .0102 (Form 26), and 04 NCAC 10L .0103 (Form 26A), as adopted by the Industrial Commission on March 11, 2014, and approved by the Rules Review Commission on March 20, 2014. Disapproves 04 NCAC 10A .0609A (Medical Motions and Emergency Medical Motions), adopted by the Industrial Commission on March 11, 2014, and approved by the Rules Review Commission on April 17, 2014.