04 NCAC 10K .0501. WAIVER OF RULES

In the interests of justice or to promote judicial economy, the Commission may, except as otherwise provided by the rules in this Subchapter, waive or vary the requirements or provisions of any of the rules in this Subchapter in a case pending before the Commission upon written application of a claimant or upon its own initiative only if the claimant is not represented by counsel.  Factors the Commission shall use in determining whether to grant the waiver are:

(1)           the necessity of a waiver;

(2)           the claimant's responsibility for the conditions creating the need for a waiver;

(3)           the claimant's prior requests for a waiver;

(4)           the precedential value of such a waiver;

(5)           notice to and opposition by any opposing parties; and

(6)           the harm to the claimant if the waiver is not granted.

 

History Note:        Authority G.S. 143-293; 143B-426.50; 143B-426.52(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).