04 NCAC 10K .0301. APPEAL TO THE FULL COMMISSION

(a)  A claimant may appeal a Deputy Commissioner's final decision by filing a notice of appeal to the Full Commission within 30 days of receipt of notice of the Deputy Commissioner's decision, and may be filed by using the form Notice of Appeal to the Full Commission under the Eugenics Asexualization and Sterilization Compensation Program.  The Deputy Commissioner's decision is binding if not appealed within the timeframe.

(b)  After receipt of notice of appeal, the Commission shall supply to the claimant a transcript of the record upon which the Deputy Commissioner's decision is based and from which an appeal is being taken to the Full Commission. The claimant 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.

(c)  When an appeal is made to the Full Commission, the claimant may file a written brief in support of his ground for appeal.  The brief shall be filed with the Commission no less than 15 days prior to the hearing.  A brief to the Full Commission shall not exceed 10 pages, excluding attachments.

(d)  Upon the request of the claimant, 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 a decision based on the record and briefs.

 

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

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).