NC General Statutes

N.C. Gen. Stat. § 143-300 (2026)

Rules and regulations of Industrial Commission; destruction of records

✓ current as of July 2026

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The Industrial Commission is hereby authorized and empowered to adopt such rules and regulations as may, in the discretion of the Commission, be necessary to carry out the purpose and intent of this Article. The North Carolina Rules of Civil Procedure and Rules of Evidence, insofar as they are not in conflict with the provisions of this Article, shall be followed in proceedings under this Article. When any case or claim under this Article has been closed by proper order or award, all records concerning such case or claim may, after five years, in the discretion of the Industrial Commission with and by the authorization of the Department of Natural and Cultural Resources, be destroyed by burning or otherwise; provided, that no record pertaining to a case or claim of a minor shall be destroyed until the expiration of three years after such minor attains the age of 18 years. (1951, c. 1059, s. 12; 1957, c. 311; 1971, c. 1231, s. 1; 1973, c. 476, s. 48; 1987 (Reg. Sess., 1988), c. 1087, s. 7; 2015-241, s. 14.30(s).)

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 2001–2026 · leading case: Pate v. N.C. Dep't of Transp., 626 S.E.2d 661 (N.C. Ct. App. 2006).

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Pate v. N.C. Dep't of Transp., 626 S.E.2d 661 (N.C. Ct. App. 2006). · cites it 8× “' N.C. Gen.Stat. § 143-300 [(2005)]. [However,] the North Carolina Rules of Civil Procedure apply in tort claims before the Commission, to the extent that such rules are not inconsistent with the Tort Claims Act, in which case the Tort Claims Act controls.”

Fennell v. North Carolina Dep't of Crime Control & Pub. Saf., 551 S.E.2d 486 (N.C. Ct. App. 2001). · cites it 4× “See N.C. Gen.Stat. § 143-300 (1999). The claims are initially heard by a deputy commissioner sitting as trial judge.”

In re Hughes, 785 S.E.2d 111 (N.C. Ct. App. 2016). · cites it 2× “N.C. Gen.Stat. § 143-300 (2013) (emphasis added).”

Doe v. Swannanoa Valley Youth Dev. Ctr., 592 S.E.2d 715 (N.C. Ct. App. 2004). · cites it 4× “” N.C. Gen. Stat. § 143-300 (2003). Moreover, the North Carolina Rules of Civil Procedure apply in tort claims before the Commission, to the extent that such rules are not inconsistent with the Tort Claims Act, in which case the Tort Claims Act controls.”

Stevenson v. N.C. Dep't of Corr., 714 S.E.2d 435 (N.C. Ct. App. 2011). “11 in failing to comply with the applicable standard of care under G.”

Jane Doe 1 v. Swannanoa Valley Dev. Ctr., 592 S.E.2d 715 (N.C. Ct. App. 2004). · cites it 4× “Further, the Commission is authorized to "adopt such rules and regulations as may, in the discretion of the Commission, be necessary to carry *719 out the purpose and intent of [the Tort Claims Act].”

Williams v. N.C. Dep't of Just. (N.C. Ct. App. 2020). · cites it 3× “2d 661, 664 (2006); N.C.G.S. § 143-300 (2019). 1. Dismissal for Lack of Subject Matter Jurisdiction The NCIC is “a court for the purpose of hearing and passing upon tort claims against .”

Waters v. State of N.C. Jud'l Standards Comm'n (N.C. Ct. App. 2026). · cites it 3× “N.C.G.S. § 143-300 (2025); Williams, 273 N.”

In re: Smith (N.C. Ct. App. 2016). · cites it 2× “-7- IN RE HUGHES; IN RE REDMOND; IN RE SMITH Opinion of the Court N.C. Gen. Stat. § 143-300 (2013) (emphasis added).”

Lucas v. Rockingham Cnty. Schs., 692 S.E.2d 890 (N.C. Ct. App. 2010). · cites it 2× “N.C. Gen. Stat. § 143-300 (2009). Pursuant to Rule T206 of the Tort Claims Rules, "The Industrial Commission may, on its own motion, order a hearing or rehearing of any case in dispute.”

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