§ 15B-12. Evidence in contested cases.
§ 15B‑12. Evidence incontested cases.
(a) Except as providedin this section, evidence in a contested case shall be taken in accordance withArticle 3 of Chapter 150B of the General Statutes.
(b) In a proceedingunder this Article, the privileges set forth in G.S. 8‑53, 8‑53.3,8‑53.4, 8‑53.7, 8‑53.8, and 8‑56 do not apply tocommunications or records concerning the physical, mental or emotionalcondition of the claimant or victim if that condition is relevant to a claimfor compensation.
(c) If the mental,physical, or emotional condition of a victim or claimant is material to a claimfor an award of compensation, the administrative law judge may order the victimor claimant to submit to a mental or physical examination by a physician orpsychologist, and may order an autopsy of a deceased victim. The order may bemade for good cause shown and upon notice to the person to be examined and tothe claimant. The order shall specify the time, place, manner, conditions, andscope of the examination or autopsy and the person by whom it is to be made,and shall require the person who performs the examination or autopsy to filewith the administrative law judge a detailed written report of the examinationor autopsy. The report shall set out the findings, including the results of alltests made, diagnosis, prognosis, and other conclusions, and reports of earlierexaminations of the same conditions. On request of the person examined, theadministrative law judge shall furnish him a copy of the report. If the victim isdeceased, the administrative law judge on request, shall furnish the claimant acopy of the report.
(d) The administrativelaw judge may request that law‑enforcement officers employed by the Stateor any political subdivision thereof provide it with copies of any informationor data gathered in the investigation of the criminally injurious conduct thatis the basis of any claim to enable it to determine whether, and the extent towhich, a claimant qualifies for an award of compensation. The administrative lawjudge may also request that prosecuting attorneys, law‑enforcementofficers, and State agencies conduct investigations and provide informationnecessary to enable the administrative law judge to determine whether, and theextent to which, a claimant qualifies for an award of compensation. Informationobtained pursuant to this subsection is subject to the same privilege againstpublic disclosure that may be asserted by the providing source.
(e) The administrativelaw judge may require the claimant to supplement the application for an awardof compensation with any reasonably available medical or psychological reportsrelating to the injury for which the award of compensation is claimed.
(f) The administrativelaw judge may not request the victim or the claimant to supply any evidencethat would not be admissible at a trial under G.S. 8C‑1, Rule 412.
(g) Notwithstanding anyprovision to the contrary relating to the confidentiality of juvenile records,the administrative law judge shall have access to the records of juvenileproceedings which bear upon an application for compensation, but to the extentpossible, it shall maintain the confidentiality of those records.
(h) The administrativelaw judge may exclude from a hearing of any matter at issue all persons, exceptthose engaged in the hearing, during the taking of medical information and law‑enforcementinvestigative records and information as evidence.
(i) Except forinformation held confidential by the administrative law judge, the officialrecord in a contested case under this Article is open to public inspection. (1983, c. 832, s. 1; 1987, c.819, s. 22; 1989, c. 679, ss. 4, 5; 1991, c. 301, s. 1; 2004‑159, s. 1.)