Bill Summary for S 794 (2013-2014)

Summary date: 

Jun 19 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 794 (Public) Filed Monday, May 19, 2014
A BILL TO BE ENTITLED 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.
Intro. by Brown.

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Bill 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.

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