GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-122
HOUSE BILL 27
AN ACT requiring the employment security commission to consider the ordinary business activities of employers when scheduling hearings.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 96-15(c) reads as rewritten:
"(c) Appeals. - Unless an
appeal from the adjudicator is withdrawn, an appeals referee shall set a
hearing in which the parties are given reasonable opportunity to be heard. The
conduct of hearings shall be governed by suitable regulations established by
the Commission. Such The regulations need not conform to common
law or statutory rules of evidence or technical or formal rules of procedure
but shall provide for the conduct of hearings in such manner as to ascertain
the substantial rights of the parties. The hearings may be conducted by
conference telephone call or other similar means provided that if any party
files with the Commission prior written objection to the telephone procedure,
that party will be afforded an opportunity for an in-person hearing at such
place in the State as the Commission by regulation shall provide. The
hearing shall be scheduled for a time that, as much as practicable, least intrudes
on and reasonably accommodates the ordinary business activities of an employer
and the return to employment of a claimant. The appeals referee may affirm
or modify the conclusion of the adjudicator or issue a new decision in which
findings of fact and conclusions of law will be set out or dismiss an appeal
when the appellant fails to appear at the appeals hearing to prosecute the
appeal after having been duly notified of the appeals hearing. The evidence
taken at the hearings before the appeals referee shall be recorded and the
decision of the appeals referee shall be deemed to be the final decision of the
Commission unless within 10 days after the date of notification or mailing of
the decision, whichever is earlier a written appeal is filed pursuant to such
regulations as the Commission may adopt. No person may be appointed as an
appeals referee unless he or she possesses the minimum qualifications necessary
to be a staff attorney eligible for designation by the Commission as a hearing
officer under G.S. 96-4(m). No appeals referee in full-time permanent
status may engage in the private practice of law as defined in G.S. 84-2.1
while serving in office as appeals referee; violation of this prohibition shall
be grounds for removal. Whenever an appeal is taken from a decision of the
appeals referee, the appealing party shall submit a clear written statement
containing the grounds for the appeal within the time allowed by law for taking
the appeal, and if such timely statement is not submitted, the Commission may
dismiss the appeal."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 23rd day of June, 2005.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 1:10 p.m. this 29th day of June, 2005