04 NCAC 10A .0702. REVIEW OF ADMINISTRATIVE DECISIONS

(a)  Administrative decisions include orders, decisions, and awards made in a summary manner, without findings of fact, including decisions on the following:

(1)           applications to approve agreements to pay compensation and medical bills;

(2)           applications to approve the termination or suspension or the reinstatement of compensation;

(3)           applications to change the interval of payments; and

(4)           applications for lump sum payments of compensation.

Administrative decisions shall be reviewed upon the filing of a Motion for Reconsideration with the Commission addressed to the Administrative Officer who made the decision or may be reviewed by requesting a hearing within 15 days of receipt of the decision or receipt of the ruling on a Motion to Reconsider. These issues may also be raised and determined at a subsequent hearing.

(b)  Motions for Reconsideration shall not stay the effect of the order, decision, or award; provided that the Administrative Officer making the decision or a Commissioner may enter an order staying its effect pending the ruling on the Motion for Reconsideration or pending a decision by a Commissioner or Deputy Commissioner following a formal hearing.  In determining whether or not to grant a stay, the Commissioner or Administrative Officer shall consider whether granting the stay will frustrate the purposes of the order, decision, or award.  Motions to Stay shall not be filed with both the Administrative Officer and a Commissioner.

(c)  Any request for a hearing to review an administrative decision shall be made to the Commission and filed with the Commission's Docket Director.  The Commission shall designate a Commissioner or Deputy Commissioner to hear the review.  The Commissioner or Deputy Commissioner hearing the matter shall consider all issues de novo, and no issue shall be considered moot solely because the order has been fully executed during the pendency of the hearing.

(d)  Orders filed by a single Commissioner, including orders dismissing reviews to the Full Commission or denying the right of immediate request for review to the Full Commission, are administrative orders and are not final determinations of the Commission. As such, an order filed by a single Commissioner is not appealable to the North Carolina Court of Appeals.  A one-signature order filed by a single Commissioner may be reviewed by:

(1)           filing a Motion for Reconsideration addressed to the Commissioner who filed the order; or

(2)           requesting a review to a Full Commission panel by requesting a hearing within 15 days of receipt of the order or receipt of the ruling on a Motion for Reconsideration.

(e)  This Rule shall not apply to medical motions filed pursuant to G.S. 97‑25; provided, however, that a party may request reconsideration of an administrative ruling on a medical motion, or may request a stay, or may request an evidentiary hearing de novo, all as set forth in G.S. 97‑25.

 

History Note:        Authority G.S. 97-79(g); 97-80(a); 97-85; S.L. 2014-77;

Eff. January 1, 1990;

Amended Eff. November 1, 2014; January 1, 2011; June 1, 2000.