11 N.C. Admin. Code 23M.0103

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

Section 23M .0103 - 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 party or upon its own initiative. Factors the Commission shall use in determining whether to grant the waiver are:

(1) the necessity of a waiver;

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

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

(4) the precedential value of such a waiver;

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

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

11 N.C. Admin. Code 23M .0103

Authority G.S. 97-25; 97-25.4; 97-80(a); S.L. 2017-203, s. 4;
Eff. May 1, 2018;
Recodified from 04 NCAC 10M .0103 Eff. June 1, 2018.

Authority G.S. 97-25; 97-25.4; 97-80(a); S.L. 2017-203, s. 4;
Eff. May 1, 2018;
Recodified from 04 NCAC 10M .0103 by North Carolina Register Volume 32, Issue 23, June 1, 2018 Eff. 6/1/2018.