§ 97-78. Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.
§ 97‑78. Salaries andexpenses; administrator, executive secretary, deputy commissioners, and otherstaff assistance; annual report.
(a) The salary of eachcommissioner shall be the same as that fixed from time to time for districtattorneys except that the commissioner designated as chair shall receive onethousand five hundred dollars ($1,500) additional per annum.
(b) The Commission mayappoint an administrator whose duties shall be prescribed by the Commission,and who shall be subject to the State Personnel System. The Commission mayappoint an executive secretary whose duties shall be prescribed by theCommission, and who shall be subject to the State Personnel System and who,upon entering upon his duties, shall give bond in such sum as may be fixed bythe Commission. The Commission may also employ such clerical or otherassistance as it may deem necessary, and fix the compensation of its staff,except that the salaries of the administrator and the executive secretary shallbe fixed by subsection (b1) of this section. The compensation of Commissionstaff shall be in keeping with the compensation paid to the persons employed todo similar work in other State departments.
(b1) The salary of theadministrator shall be ninety percent (90%) of the salary of a commissioner.The salary of the executive secretary shall be ninety percent (90%) of thesalary of a commissioner.
(b2) The Chairman of theIndustrial Commission shall designate one deputy commissioner as chief deputycommissioner. The salary of the chief deputy commissioner shall be ninetypercent (90%) of the salary of a commissioner.
(b3) The salary of deputycommissioners shall be based upon years of experience as a deputy commissioneras follows:
(1) Seventy‑fivepercent (75%) of the salary of a commissioner, with three years of experienceor less.
(2) Seventy‑sevenpercent (77%) of the salary of a commissioner, with more than three but lessthan seven years of experience.
(3) Eighty percent (80%)of the salary of a commissioner, with seven or more but less than 10 years ofexperience.
(4) Eighty‑threepercent (83%) of the salary of a commissioner, with 10 or more but less than 12years of experience.
(5) Eighty‑fivepercent (85%) of the salary of a commissioner, with 12 or more yearsexperience.
(b4) In lieu of merit andother incremental raises, the administrator, executive secretary, chief deputycommissioner, and deputy commissioners shall receive longevity pay on the samebasis as is provided to other employees subject to the State Personnel Act.
(c) The members of theCommission and its assistants shall be entitled to receive from the State theiractual and necessary expenses while traveling on the business of theCommission, but such expenses shall be certified by the person who incurred thesame, and shall be approved by the chairman of the Commission before payment ismade.
(d) All salaries andexpenses of the Commission shall be audited and paid out of the State treasury,in the manner prescribed for similar expenses in other departments or branchesof the State service, and to defray such salaries and expenses a sufficientappropriation shall be made under the General Appropriation Act as made toother departments, commissions and agencies of the State government.
(e) No later thanOctober 1 of each year, the Commission shall publish annually for freedistribution a report of the administration of this Article, together with suchrecommendations as the Commission deems advisable. No later than October 1 ofeach year, the Commission shall submit this report to the Joint LegislativeCommission on Governmental Operations.
(f) No later thanApril 1, 2008, the Commission shall prepare and implement a strategic plan foraccomplishing all of the following:
(1) Tracking compliancewith the provisions of G.S. 97‑18(b), (c), and (d), and establishing aprocedure to enforce compliance with the requirements of these subsections.
(2) Expeditiouslyresolving requests for, or disputes involving, medical compensation under G.S.97‑25, including selection of a physician, change of physician, thespecific treatment involved, and the provider of such treatment.
(g) The Commissionshall demonstrate its success in implementing its strategic plan undersubsection (f) of this section by including all of the following in its annualreport under subsection (e) of this section:
(1) The total number ofclaims made during the preceding calendar year, the total number of claims inwhich compliance was not timely made, and, for each claim, the date the claimwas filed, the date by which compliance was required, the date of actualcompliance, and any sanctions or other remedial action imposed by theCommission.
(2) The total number ofrequests for, and disputes involving, medical compensation under G.S. 97‑25in which final disposition was not made within 45 days of the filing of themotion with the Commission, and, for each such request or dispute, the date themotion or other initial pleading was filed, the date on which final dispositionwas made and, where reasonably ascertainable, the date on which any orderedmedical treatment was actually provided. (1929, c. 120, s. 52; 1931, c. 274, s. 9; 1941, c.358, s. 2; 1947, c. 823; 1957, c. 541, s. 6; 1971, c. 527, s. 1; c. 1147, s. 1;1983, c. 717, s. 20; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1997‑443,s. 33.4; 1998‑212, s. 28.18(a); 2005‑276, s. 29.20(b); 2007‑323,ss. 13.4A(a), (b).)