11 N.C. Admin. Code 23H.0201

Current through Register Vol. 39, No. 13, January 2, 2025

Section 23H .0201 - DETERMINATION OF CLAIMS BY THE COMMISSION

(a) Upon application for an award under the provisions of the Public Safety Employees' Death Benefits Act, the Commission shall determine whether sufficient evidence is contained in the Commission's workers' compensation or other files upon which to base an order for the payment of benefits. If the Commission is satisfied that such an order should be issued, it shall, without conducting a hearing, file an award directing the payment of benefits.

(b) If the Commission is of the opinion that the Commission's workers' compensation or other files have insufficient evidence upon which to base an award for the payment of benefits, the Commission shall place the case upon the Commission's hearing docket. The Commission shall set a contested case for hearing in a location deemed convenient to witnesses and the Commission.

11 N.C. Admin. Code 23H .0201

Authority G.S. 143-166.4;
Eff. August 1, 1979;
Amended Eff. July 1, 2014;
Recodified from 04 NCAC 10H .0201 Eff. June 1, 2018;
Amended Eff. January 1, 2019.

Authority G.S. 143-166.4;
Eff. August 1, 1979;
Amended Eff. July 1, 2014;
Recodified from 04 NCAC 10H .0201 by North Carolina Register Volume 32, Issue 23, June 1, 2018 Eff. 6/1/2018.

Amended by North Carolina Register Volume 33, Issue 15, February 1, 2019 effective 1/1/2019.