§ 96-15. Claims for benefits.
§ 96‑15. Claims forbenefits.
(a) Filing. Claimsfor benefits shall be made in accordance with such regulations as theCommission may prescribe. Employers may file claims for employees through theuse of automation in the case of partial unemployment. Each employing unitshall post and maintain in places readily accessible to individuals performingservices for it printed statements, concerning benefit rights, claims forbenefits, and such other matters relating to the administration of this Chapteras the Commission may direct. Each employing unit shall supply to suchindividuals copies of such printed statements or other materials relating toclaims for benefits as the Commission may direct. Such printed statements andother materials shall be supplied by the Commission to each employing unitwithout cost to the employing unit.
(b) (1) InitialDetermination. A representative designated by the Commission shall promptlyexamine the claim and shall determine whether or not the claim is valid. If theclaim is determined to be not valid for any reason other than lack of baseperiod earnings, the claim shall be referred to an Adjudicator for a decisionas to the issues presented. If the claim is determined to be valid, a monetarydetermination shall be issued showing the week with respect to when benefitsshall commence, the weekly benefit amount payable, and the potential maximumduration thereof. The claimant shall be furnished a copy of such monetarydetermination showing the amount of wages paid him by each employer during hisbase period and the employers by whom such wages were paid, his benefit year,weekly benefit amount, and the maximum amount of benefits that may be paid tohim for unemployment during the benefit year. When a claim is not valid due tolack of earnings in his base period, the determination shall so designate. Theclaimant shall be allowed 10 days from the earlier of mailing or delivery ofhis monetary determination to him within which to protest his monetarydetermination and upon the filing of such protest, unless said protest besatisfactorily resolved, the claim shall be referred to the Chief DeputyCommissioner or his designee for a decision as to the issues presented. Allbase period employers, as well as the most recent employer of a claimant on atemporary layoff, shall be notified upon the filing of a claim whichestablishes a benefit year.
Atany time within one year from the date of the making of an initialdetermination, the Commission on its own initiative may reconsider such determinationif it finds that an error in computation or identity has occurred in connectiontherewith or that additional wages pertinent to the claimant's benefit statushave become available, or if such determination of benefit status was made as aresult of a nondisclosure or misrepresentation of a material fact.
(2) Adjudication. Whena protest is made by the claimant to the initial or monetary determination, ora question or issue is raised or presented as to the eligibility of a claimantunder G.S. 96‑13, or whether any disqualification should be imposed underG.S. 96‑14, or benefits denied or adjusted pursuant to G.S. 96‑18,the matter shall be referred to an adjudicator. The adjudicator may considerany matter, document or statement deemed to be pertinent to the issues,including telephone conversations, and after such consideration shall render aconclusion as to the claimant's benefit entitlements. The adjudicator shallnotify the claimant and all other interested parties of the conclusion reached.The conclusion of the adjudicator shall be deemed the final decision of theCommission unless within 15 days after the date of notification or mailing ofthe conclusion, whichever is earlier, a written appeal is filed pursuant tosuch regulations as the Commission may adopt. The Commission shall be deemed aninterested party for such purposes and may remove to itself or transfer to anappeals referee the proceedings involving any claim pending before anadjudicator.
Provided,any interested employer shall be allowed 10 days from the earlier of mailing ordelivery of the notice of the filing of a claim against the employer's accountto protest the claim and have the claim referred to an adjudicator for adecision on the question or issue raised. A copy of the notice of the filingshall be sent contemporaneously to the employer by telefacsimile transmissionif a fax number is on file. Provided further, no question or issue may beraised or presented by the Commission as to the eligibility of a claimant underG.S. 96‑13, or whether any disqualification should be imposed under G.S.96‑14, after 45 days from the first day of the first week after thequestion or issue occurs with respect to which week an individual filed a claimfor benefits. None of the provisions of this subsection shall have the forceand effect nor shall the same be construed or interested as repealing any otherprovisions of G.S. 96‑18.
Anemployer shall receive written notice of the employer's appeal rights and anyforms that are required to allow the employer to protest the claim. The formsshall include a section referencing the appropriate rules pertaining to appealsand the instructions on how to appeal.
(c) Appeals. Unlessan appeal from the adjudicator is withdrawn, an appeals referee shall set ahearing in which the parties are given reasonable opportunity to be heard. Theconduct of hearings shall be governed by suitable regulations established bythe Commission. The regulations need not conform to common law or statutoryrules of evidence or technical or formal rules of procedure but shall providefor the conduct of hearings in such manner as to ascertain the substantialrights of the parties. The hearings may be conducted by conference telephonecall or other similar means provided that if any party files with theCommission prior written objection to the telephone procedure, that party willbe afforded an opportunity for an in‑person hearing at such place in theState as the Commission by regulation shall provide. The hearing shall bescheduled for a time that, as much as practicable, least intrudes on andreasonably accommodates the ordinary business activities of an employer and thereturn to employment of a claimant. The appeals referee may affirm or modifythe conclusion of the adjudicator or issue a new decision in which findings offact and conclusions of law will be set out or dismiss an appeal when theappellant fails to appear at the appeals hearing to prosecute the appeal afterhaving been duly notified of the appeals hearing. The evidence taken at thehearings before the appeals referee shall be recorded and the decision of theappeals referee shall be deemed to be the final decision of the Commissionunless 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 asthe Commission may adopt. No person may be appointed as an appeals refereeunless he or she possesses the minimum qualifications necessary to be a staffattorney eligible for designation by the Commission as a hearing officer underG.S. 96‑4(m). No appeals referee in full‑time permanent status mayengage in the private practice of law as defined in G.S. 84‑2.1 whileserving in office as appeals referee; violation of this prohibition shall begrounds for removal. Whenever an appeal is taken from a decision of the appealsreferee, the appealing party shall submit a clear written statement containingthe 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 theappeal.
(c1) Unless required fordisposition of an ex parte matter authorized by law, a Commissioner, appealsreferee, or employee assigned to make a decision or to make findings of factsand conclusions of law in a case shall not communicate, directly or indirectly,in connection with any issue of fact, or question of law, with any person orparty or his representative, except on notice and opportunity for parties toparticipate.
(c2) Whenever a party isnotified of an Adjudicator's, Appeals Referee's, or Deputy Commissioner'sdecision by mail, G.S. 1A‑1, Rule 6(e) shall apply, and three days shallbe added to the prescribed period to file a written appeal.
(d) Repealed by SessionLaws 1977, c. 727, s. 54.
(d1) No continuance shallbe granted except upon application to the Commissioner, the appeals referee, orother authority assigned to make the decision in the matter to be continued. Acontinuance may be granted only for good cause shown and upon such terms andconditions as justice may require. Good cause for granting a continuance shallinclude, but not be limited to, those instances when a party to the proceeding,a witness, or counsel of record has an obligation of service to the State, suchas service as a member of the North Carolina General Assembly, or an obligationto participate in a proceeding in a court of greater jurisdiction.
(e) Review by theCommission. The Commission or Deputy Commissioner may on its own motionaffirm, modify, or set aside any decision of an appeals referee on the basis ofthe evidence previously submitted in such case, or direct the taking ofadditional evidence, or may permit any of the parties to such decision toinitiate further appeals before it, or may provide for group hearings in suchcases as the Commission or Deputy Commissioner may deem proper. The Commissionor Deputy Commissioner may remove to itself or transfer to another appealsreferee the proceedings on any claim pending before an appeals referee. TheCommission shall promptly notify the interested parties of its findings and thedecision. In all Commission matters heard by a Deputy Commissioner, thedecision of the Deputy Commissioner shall constitute the decision of the Commission;except, the Commission may remove unto itself, upon its own motion, any claimpending for rehearing and redetermination, provided such removal is done priorto the expiration of appeal period applicable to the decision of the DeputyCommissioner.
(f) Procedure. Themanner in which disputed claims shall be presented, the reports thereonrequired from the claimant and from employers, and the conduct of hearings andappeals shall be in accordance with regulations prescribed by the Commissionfor determining the rights of the parties, whether or not such regulationsconform to common‑law or statutory rules of evidence and other technicalrules of procedure. All testimony at any hearing before an appeals referee upona disputed claim shall be recorded unless the recording is waived by allinterested parties, but need not be transcribed unless the disputed claim isfurther appealed and, one or more of the parties objects, under suchregulations as the Commission may prescribe, to being provided a copy of thetape recording of the hearing. Any other provisions of this Chapternotwithstanding, any individual receiving the transcript shall pay to theCommission such reasonable fee for the transcript as the Commission may byregulation provide. The fee so prescribed by the Commission for a party shallnot exceed the lesser of sixty‑five cents (65¢) per page or sixty‑fivedollars ($65.00) per transcript. The Commission may by regulation provide forthe fee to be waived in such circumstances as it in its sole discretion deemsappropriate but in the case of an appeal in forma pauperis supported by suchproofs as are required in G.S. 1‑110, the Commission shall waive the fee.
(g) Witness Fees. Witnessessubpoenaed pursuant to this section shall be allowed fees at a rate fixed bythe Commission. Such fees and all expenses of proceedings involving disputedclaims shall be deemed a part of the expense of administering this Chapter.
(h) Judicial Review. Anydecision of the Commission, in the absence of judicial review as hereinprovided, shall become final 30 days after the date of notification or mailingthereof, whichever is earlier. Judicial review shall be permitted only after aparty claiming to be aggrieved by the decision has exhausted his remediesbefore the Commission as provided in this Chapter and has filed a petition forreview in the superior court of the county in which he resides or has hisprincipal place of business. The petition for review shall explicitly statewhat exceptions are taken to the decision or procedure of the Commission andwhat relief the petitioner seeks. Within 10 days after the petition is filedwith the court, the petitioner shall serve copies of the petition by personalservice or by certified mail, return receipt requested, upon the Commission andupon all parties of record to the Commission proceedings. Names and addressesof the parties shall be furnished to the petitioner by the Commission uponrequest. The Commission shall be deemed to be a party to any judicial actioninvolving any of its decisions and may be represented in the judicial action byany qualified attorney who has been designated by it for that purpose. Uponmotion of the Commission, the court shall dismiss any review for which thepetition is untimely filed, untimely or improperly served, or for which itotherwise fails to comply with the requirements of this subsection. Any partyto the Commission proceeding may become a party to the review proceeding bynotifying the court within 10 days after receipt of the copy of the petition.Any person aggrieved may petition to become a party by filing a motion tointervene as provided in G.S. 1A‑1, Rule 24.
Within 45 days after receiptof the copy of the petition for review or within such additional time as thecourt may allow, the Commission shall transmit to the reviewing court theoriginal or a certified copy of the entire record of the proceedings underreview. With the permission of the court the record may be shortened bystipulation of all parties to the review proceedings. Any party unreasonablyrefusing to stipulate to limit the record may be taxed by the court for suchadditional cost as is occasioned by the refusal. The court may require orpermit subsequent corrections or additions to the record when deemed desirable.
(i) ReviewProceedings. If a timely petition for review has been filed and served asprovided in G.S. 96‑15(h), the court may make party defendant any otherparty it deems necessary or proper to a just and fair determination of thecase. The Commission may, in its discretion, certify to the reviewing courtquestions of law involved in any decision by it. In any judicial proceedingunder this section, the findings of fact by the Commission, if there is anycompetent evidence to support them and in the absence of fraud, shall beconclusive, and the jurisdiction of the court shall be confined to questions oflaw. Such actions and the questions so certified shall be heard in a summarymanner and shall be given precedence over all civil cases. An appeal may betaken from the judgment of the superior court, as provided in civil cases. TheCommission shall have the right to appeal to the appellate division from adecision or judgment of the superior court and for such purpose shall be deemedto be an aggrieved party. No bond shall be required of the Commission uponappeal. Upon the final determination of the case or proceeding, the Commissionshall enter an order in accordance with the determination. When an appeal hasbeen entered to any judgment, order, or decision of the court below, nobenefits shall be paid pending a final determination of the cause, except inthose cases in which the final decision of the Commission allowed benefits.
(j) Repealed bySession Laws 1985, c. 197, s. 9.
(k) Irrespective of anyother provision of this Chapter, the Commission may adopt minimum regulationsnecessary to provide for the payment of benefits to individuals promptly whendue as required by section 303(a)(1) of the Social Security Act as amended (42U.S.C.A., section 503(a)(1)). (Ex. Sess. 1936, c. 1, s. 6; 1937, c. 150; c. 448, s.4; 1941, c. 108, s. 5; 1943, c. 377, ss. 9, 10; 1945, c. 522, ss. 30‑32;1947, c. 326, s. 23; 1951, c. 332, s. 15; 1953, c. 401, s. 19; 1959, c. 362,ss. 16, 17; 1961, c. 454, s. 21; 1965, c. 795, ss. 20‑22; 1969, c. 575,ss. 13, 14; 1971, c. 673, ss. 30, 30.1; 1977, c. 727, s. 54; 1981, c. 160, ss.27‑32; 1983, c. 625, ss. 10‑14; 1985, c. 197, s. 9; c. 552, ss. 18‑20;1987 (Reg. Sess., 1988), c. 999, s. 6; 1989, c. 583, ss. 11, 12; c. 707, s. 4;1991, c. 723, ss. 1, 2; 1993, c. 343, ss. 4, 5; 1999‑340, ss. 6, 7; 2004‑124,s. 13.7B(c); 2005‑122, s. 1; 2006‑242, s. 1.)