North Carolina § 97-77 - North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.

§ 97-77. North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.

There is hereby created a commission to be known as the North Carolina Industrial Commission, consisting of six commissioners who shall devote their entire time to the duties of the Commission. The Governor shall appoint the members of the Commission for terms of six years. Three commissioners shall be persons who, on account of their previous vocations, employment or affiliations, can be classed as representatives of employers. Three commissioners shall be persons who, on account of their previous vocations, employment or affiliations, can be classed as representatives of employees. No person may serve more than two terms on the Commission, including any term served prior to the effective date of this section. In calculating the number of terms served, a partial term that is less than three years in length shall not be included. Appointments of commissioners are subject to confirmation by the General Assembly by joint resolution. The names of commissioners to be appointed by the Governor shall be submitted by the Governor to the General Assembly for confirmation by the General Assembly on or before March 1 of the year of expiration of the term. If the Governor fails to timely submit nominations, the General Assembly shall appoint to fill the succeeding term upon the joint recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives in accordance with G.S. 120-121 not inconsistent with this section. One member, to be designated by the Governor, shall act as chairman. In case of death, incapacity, resignation, or any other vacancy in the office of any commissioner prior to the expiration of the term of office, a nomination to fill the vacancy for the remainder of the unexpired term shall be submitted by the Governor within four weeks after the vacancy arises to the General Assembly for confirmation by the General Assembly. If the Governor fails to timely nominate a person to fill the vacancy, the General Assembly shall appoint a person to fill the remainder of the unexpired term upon the joint recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives in accordance with G.S. 120-121 not inconsistent with this section. If a vacancy arises or exists pursuant to this subsection when the General Assembly is not in session, and the appointment is deemed urgent by the Governor, the commissioner may be appointed and serve on an interim basis pending confirmation by the General Assembly; provided, however, no person may be appointed to serve on an interim basis pending confirmation by the General Assembly if the person was subject to but not confirmed by the General Assembly within the preceding four years. The limitation on appointment contained in this subsection includes, among other things, unfavorable action on a joint resolution for confirmation, such as the resolution failing on any reading in either chamber of the General Assembly, and failure to ratify a joint resolution for confirmation prior to adjournment of the then current session of the General Assembly. For the purpose of this subsection, the General Assembly is not in session only (i) prior to convening of the Regular Session, (ii) during any adjournment of the Regular Session for more than 10 days, and (iii) after sine die adjournment of the Regular Session. No person while in office as a commissioner may be nominated or appointed on an interim basis to fill the remainder of an unexpired term, or to a full term that commences prior to the expiration of the term that the commissioner is serving. The chairman shall be the chief judicial officer and the chief executive officer of the Industrial Commission; such authority shall be exercised pursuant to the provisions of Chapter 126 of the General Statutes and the rules and policies of the State Human Resources Commission. Notwithstanding the provisions of this Chapter, the chairman shall have such authority as is necessary to direct and oversee the Commission. The chairman may delegate any duties and responsibilities as may be necessary to ensure the proper management of the Industrial Commission. Notwithstanding the provisions of this Chapter, Chapter 143A , and Chapter 143B of the General Statutes, the chairman may hire or fire personnel and transfer personnel within the Industrial Commission. The Governor may designate one vice-chairman from the remaining commissioners. History (1929, c. 120, s. 51; 1931, c. 274, s. 8; 1991, c. 264, s. 1; 1993, c. 399, s. 3; 1993 (Reg. Sess., 1994), c. 769, s. 28.15(a); 2011-287, ss. 16, 17; 2013-382, s. 9.1(c); 2016-125, 4th Ex. Sess., s. 24(a), (b); 2018-114, s. 23(b); 2019-167, s. 2.) Cross References. - For provision constituting Industrial Commission a court to hear and determine tort claims, see G.S. 143-291. Editor's Note. - For act authorizing the Industrial Commission to hear and determine certain listed tort claims against certain State departments and agencies, see Session Laws 1949, c. 1138. Session Laws 2005-448, s. 9, provides: "It is the intent of the General Assembly to provide the North Carolina Industrial Commission with adequate resources by establishing new positions to assist the Commission in performing its important task." Session Laws 2011-287, s. 1, provides: "This act shall be known as the 'Protecting and Putting North Carolina Back to Work Act.'" Session Laws 2011-287, s. 22, provides: "As of February 1, 2011, the terms of the seven members of the Industrial Commission are as follows: "(1) One serves a term expiring April 30, 2011. "(2) Two serve terms expiring June 30, 2012. "(3) One serves a term expiring April 30, 2013. "(4) One serves a term expiring June 30, 2014. "(5) One serves a term expiring April 30, 2015. "(6) One serves a term expiring June 30, 2016. "The reduction from seven commissioners to six commissioners provided by Section 16 of this act shall be effected by not filling one of the two offices that expire June 30, 2012, pursuant to subdivision (2) of this section." Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act: "(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.' "(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.' "(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'" Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary." Session Laws 2013-382, s. 9.2, provides: "No action or proceeding pending on the effective date of this section, brought by or against the State Personnel Commission, the Director of the Office of State Personnel, or the Office of State Personnel, shall be affected by any provision of this section, but the same may be prosecuted or defended in the new name of the Commission, Director, and Office. In these actions and proceedings, the renamed Commission, Director, or Office shall be substituted as a party upon proper application to the courts or other public bodies." Session Laws 2013-382, s. 9.3, provides: "Any business or other matter undertaken or commanded by the former State Personnel Commission, State Personnel Director, or Office of State Personnel regarding any State program, office, or contract or pertaining to or connected with their respective functions, powers, obligations, and duties that are pending on the date this act becomes effective may be conducted and completed by the Commission, Director, or Office in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the formerly named commission, director, or office." Session Laws 2016-125, 4th Ex. Sess., s. 24(c), provides: "Subsection (a) of this section is effective when it becomes law and applies to the first appointment made to fill a vacancy existing as of that date. Subsection (b) of this section becomes effective on the earlier of December 31, 2016, or upon the filling of a vacancy pursuant to subsection (a) of this section. Session Laws 2016-125, 4th Ex. Sess., s. 25, is a severability clause. Session Laws 2017-57, s. 15.19(a)-(e), provides: "(a) The Industrial Commission shall coordinate with the Department of Information Technology and other State agencies to replace the Industrial Commission's case management systems by assessing system requirements and to find the most cost-effective means of meeting those requirements. "(b) The Industrial Commission may retain the additional revenue up to one million two hundred thousand dollars ($1,200,000) of the fee charged to parties for the filing of compromise settlement agreements to be used for the purpose of replacing and maintaining the Industrial Commission's case management systems and related expenditures. "(c) Of the funds appropriated in this act to the Industrial Commission, the sum of seven hundred fifty thousand dollars ($750,000) in nonrecurring funds for each year of the 2017-2019 fiscal biennium shall be allocated for the purpose of replacing and maintaining the Industrial Commission's case management systems and related expenditures. "(d) For the 2019-2021 fiscal biennium only, the Director of the Budget shall also include in the base budget, as defined by G.S. 143C-1-1(d)(1c), the sum of seven hundred fifty thousand dollars ($750,000) in nonrecurring funds for each year of the 2019-2021 fiscal biennium for the purposes set forth in subsection (c) of this section. "(e) The fee retention authorization in subsection (b) of this section shall expire on June 30, 2021." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-114, s. 23(c), made the amendment of subsection (a1) by Session Laws 2018-114, s. 23(b), effective June 27, 2018, and applicable to appointments made on or after that date. Sessions Laws 2018-114, s. 29 is a severability clause. Session Laws 2019-167, s. 2, repealed Session Laws 2016-125, s. 24(a), which amended subsections (a1) and (b), effective July 26, 2019. The amendments to subsection (a1) were undone by Session Laws 2016-125, s. 24(b). However, in subsection (b), pursuant to the 2019 act, "One member, to be designated by the Governor, shall act as chairman." was substituted for "On December 30, 2016, and every four years thereafter, one member shall be designated by the Governor to act as chairman for a term of four years. In case of death, incapacity, resignation, or any other vacancy of the chairman, the Governor shall designate a new chairman from the remaining commissioners for the remainder of the four-year term. No member who has served less than one year on the Commission may be designated to act as chairman." and "The Governor may designate one vice-chairman from the remaining commissioners." was substituted for "On December 30, 2016, and every four years thereafter, one member shall be designated by the Governor to act as vice-chairman for a term of four years. In case of death, incapacity, resignation, or any other vacancy of the vice-chairman, the Governor shall designate a new vice-chairman from the remaining commissioners for the remainder of the four-year term." Effect of Amendments. - Session Laws 2011-287, ss. 16 and 17, effective June 24, 2011, rewrote subsection (a); and added subsection (a1). Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "State Human Resources Commission" for "State Personnel Commission" in the second sentence of the first paragraph of subsection (b). Session Laws 2016-125, 4th Ex. Sess., s. 24(a), in the second paragraph of subsection (a1), deleted "for the remainder of the unexpired term" following "fill the vacancy" in the first sentence, and inserted the present second sentence; and in subsection (b), rewrote the first paragraph and the first sentence in the third paragraph. For effective date and applicability, see editor's note. Session Laws 2016-125, 4th Ex. Sess., s. 24(b), as amended by Session Laws 2016-125, s. 24(a), in the second paragraph of subsection (a1), inserted "for the remainder of the unexpired term" following "fill the vacancy" in the first sentence, and deleted the former second sentence, which read: "Appointments to fill a vacancy shall have a term of six years plus the remainder of the unexpired term." For effective date and applicability, see editor's note. Session Laws 2018-114, s. 23(b), in the second paragraph of subsection (a1), added the proviso at the end of the third sentence, and added the next-to-last sentence. For effective date and applicability, see editor's note. Legal Periodicals. - For article, "Why Aren't You Working?: Medlin with Proof of Disability Under the North Carolina Workers' Compensation Act," see 38 Campbell L. Rev. 211 (2016).