NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 402

HOUSE BILL 328

 

 

AN ACT TO AMEND G.S. 97-85 PERTAINING TO THE REVIEW OF AWARDS RENDERED BY A COMMISSIONER OR DEPUTY COMMISSIONER OF THE NORTH CAROLINA INDUSTRIAL COMMISSION SO AS TO PROVIDE THAT UPON REVIEW THE FULL COMMISSION SHALL NOT BE COMPOSED OF A COMMISSIONER OR DEPUTY COMMISSIONER WHO HEARD AND DETERMINED THE DISPUTE IN THE FIRST INSTANCE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 97-85 is amended by adding the following proviso at the end thereof:

"Provided, however, when application is made for review of an award, and such an award has been heard and determined by a Commissioner of the North Carolina Industrial Commission, the commissioner who heard and determined the dispute in the first instance, as specified by G.S. 97-84, shall be disqualified from sitting with the full commission on the review of such award, and the chairman of the Industrial Commission shall designate a deputy commissioner to take such commissioner's place in the review of the particular award. The deputy commissioner so designated, along with the two other commissioners, shall compose the full commission upon review."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 9th day of May, 1963.