North Carolina Administrative Code › Title 24 - INDEPENDENT AGENCIES › Chapter 03 - SAFETY AND HEALTH REVIEW COMMISSION › Section .0600 - POST HEARING PROCEDURES › Section 03 .0602 - REVIEW: BRIEFS FOR REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Petitioning
				for review. Any member of the Board may direct that a decision of a hearing
				examiner be reviewed by the entire Board as a whole. Any party adversely
				affected or aggrieved by the decision of the hearing examiner (pursuant to Rule
				.0309 or .0601 of this Chapter) or by the decision of the Chairman of the
				Review Board (pursuant to Rule .0309 of this Chapter) may file a petition for
				review. The petitioner or cross-petitioner must comply with applicable Rules
				.0505 and .0506 of this Chapter. If no direction for review or petition for
				review is effected within 30 days from the date on which the hearing examiner's
				or Chairman's decision is filed with the Board, such decision shall become the
				final order of the Review Board. A petition for review or cross-petition for
				review may be conditional: either may state that review is sought only upon the
				existence of an opposing party's petition for review. A cross-petition for
				review may be filed within seven days of notice from the opposing party of its
				petition for review.
(b) Content of
				the petition. A petition for review or cross-petition for review shall
				concisely and precisely state the portion(s) of the decision for which review
				is sought; refer to the citations and citation items (for example, Citation 1,
				Item 3) for which review is sought; identify by number any fact or conclusion
				set forth by the hearing examiner which is not supported by a preponderance of
				the evidence or which is contended to constitute an error of law; and identify
				any error contended to be prejudicial or any instance which is contended to be
				an abuse of discretion.
(c)
				Procedure; briefs. A petition for review or cross-petition for review, timely
				filed, shall be deemed granted upon receipt by the Review Board. All interested
				parties to the original hearing shall be notified of the date and the time and
				place of such hearing and shall be allowed to appear in person or by
				representative as previously defined. Parties on appeal to the Review Board
				shall file a brief of reasons and supporting authorities relied on. Failure to
				file a brief may result in judgment against the parties for failure to comply
				with these Rules. The original and three copies of the brief shall be filed
				with the Board. A party shall, prior to the statement of facts, designate in
				his brief those pages of the transcript relevant to each portion of the
				decision and order of the hearing examiner to which exception is taken. The
				purpose of this Rule is to require parties to notify the Review Board of any
				pages or parts of the transcript which are irrelevant to the decision before
				the Review Board, as well as to notify the Review Board of those pages and
				parts of the transcript which are relevant. A cross-petitioner shall file a
				single brief divided into two distinct sections: the first section shall
				respond to the petitioner's brief; the second section shall set forth issues on
				cross-appeal in accordance with this Rule. A petitioner's reply brief shall be
				limited to the issues raised in the second section of the cross-petitioner's
				brief.
(1) When review is directed by the
				Board, the Commissioner of Labor shall file the first brief within 30 days
				after being notified by the Board that the transcript of the hearing has been
				filed with the Board. Any opposing party shall then file its brief within 30
				days of service of the Commissioner's brief.
(2) If a petition for review is filed, the
				petitioning party shall file the first brief within 30 days of being notified
				by the Board that the transcript of the hearing has been filed with the Board.
				Any opposing party, including a cross-petitioner, shall file its brief within
				30 days of service of the petitioning party's brief.
(3) If a cross-petition for review is filed,
				the petitioner for review shall file any reply brief within 15 days of service
				of the cross-petitioner's brief.
(4) If a petition for interlocutory review is
				filed and the hearing examiner or Board permits or orders the filing of briefs,
				the first brief must be filed by the petitioner within 15 days of notice that
				review is granted. Any opposing party shall file its brief within 15 days of
				service of the petitioning party's brief.
(5) The brief of an amicus curiae may be
				filed only by leave of the Review Board Chairman. The motion for leave shall
				identify the interest of the applicant and shall state the reasons why a brief
				of an amicus curiae is desirable. Any amicus curiae shall file its brief within
				the time allowed the party whose position the amicus will support.
Normally, review will be strictly limited to issues raised in
				  the petition for review and cross-petition for review, or, if review is
				  directed by the Board, review will normally be limited to issues upon which the
				  hearing examiner passed judgment.