NC General Statutes

N.C. Gen. Stat. § 97-80 (2026)

Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs

✓ current as of July 2026

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(a) The Commission shall adopt rules, in accordance with Article 2A of Chapter 150B of the General Statutes and not inconsistent with this Article, for carrying out the provisions of this Article.

The Commission shall adopt rules establishing processes and procedure to be used under this Article.

Processes, procedure, and discovery under this Article shall be as summary and simple as reasonably may be.

(b) The Commission or any member thereof, or any person deputized by it, shall have the power, for the purpose of this Article, to tax costs against the parties, to administer or cause to have administered oaths, to preserve order at hearings, to compel the attendance and testimony of witnesses, and to compel the production of books, papers, records, and other tangible things.

(c) The Commission may order parties to participate in mediation, under rules substantially similar to those approved by the Supreme Court for use in the Superior Court division, except the Commission shall determine the manner in which payment of the costs of the mediated settlement conference is assessed.

(d) The Commission may order testimony to be taken by deposition and any party to a proceeding under this Article may, upon application to the Commission, which application shall set forth the materiality of the evidence to be given, cause the depositions of witnesses residing within or without the State to be taken, the costs to be taxed as other costs by Commission. Depositions ordered by the Commission upon application of a party shall be taken after giving the notice and in the manner prescribed by law for depositions in action at law, except that they shall be directed to the Commission, the commissioner, or the deputy commissioner before whom the proceedings may be pending.

(e) A subpoena may be issued by the Commission and served in accordance with G.S. 1A-1, Rule 45. A party shall not issue a subpoena duces tecum less than 30 days prior to the hearing date except upon prior approval of the Commission. Upon a motion, the Commission may quash a subpoena if it finds that the evidence the production of which is required does not relate to a matter in issue, the subpoena does not describe with sufficient particularity the evidence the production of which is required, or for any other reason sufficient in law the subpoena may be quashed. Each witness who appears in obedience to such subpoena of the Commission shall receive for attendance the fees and mileage for witnesses in civil cases in courts of the county where the hearing is held.

(f) The Commission may by rule provide for and limit the use of interrogatories and other forms of discovery, including production of books, papers, records, and other tangible things, and it may provide reasonable sanctions for failure to comply with a Commission order compelling discovery.

(g) The Commission or any member or deputy thereof shall have the same power as a judicial officer pursuant to Chapter 5A of the General Statutes to hold a person in civil contempt, as provided thereunder, for failure to comply with an order of the Commission, Commission member, or deputy. A person held in civil contempt may appeal in the manner provided for appeals pursuant to G.S. 97-85 and G.S. 97-86. The provisions of G.S. 5A-24 shall not apply to appeals pursuant to this subsection.

(h) The Commission or any member or deputy thereof shall also have the same power as a judicial officer pursuant to Chapter 5A of the General Statutes to punish for criminal contempt, subject to the limitations thereunder, (i) for willful behavior committed during the sitting of the commissioner or deputy commissioner and directly tending to interrupt the proceedings; (ii) for willful disobedience of a lawful order of the Commission or a member or deputy thereof; or (iii) for willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when refusal is not legally justified. The Commission or any member or deputy thereof may issue an order of arrest as provided by G.S. 15A-305 when authorized by G.S. 5A-16 in connection with contempt proceedings. When the commissioner or deputy commissioner chooses not to proceed summarily pursuant to G.S. 5A-14, the proceedings shall be before a district court judge, and venue lies throughout the district where the order was issued directing the person charged to appear. To initiate plenary proceedings in district court for indirect criminal contempt, the Commission shall issue and file with the clerk of court an order to appear and show cause pursuant to G.S. 5A-15(a) and, if appropriate, an order for arrest pursuant to G.S. 5A-16(b) and G.S. 15A-305. A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions to the superior court of the district in which the order of contempt was issued, and the appeal is by hearing de novo before a superior court judge. (1929, c. 120, s. 54; 1977, cc. 456, 505; 1981 (Reg. Sess., 1982), c. 1243, s. 2; 1993, c. 321, s. 25(b); c. 399, s. 1; 1993 (Reg. Sess., 1994), c. 679, ss. 5.3, 5.4; 1995, c. 358, s. 8(a), (b); c. 437, s. 6(a), (b); c. 467, s. 5(a), (b); c. 507, ss. 25.13, 27.8(o); c. 509, s. 48; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2011-287, s. 19; 2013-294, s. 6; 2016-100, s. 10.)

Notes of Decisions

Cited in 54 cases (1 in the last 5 years), 1948–2025 · leading case: Charlotte-Mecklenburg Hosp. Auth. v. North Carolina Indus. Comm'n, 443 S.E.2d 716 (N.C. 1994).

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Charlotte-Mecklenburg Hosp. Auth. v. North Carolina Indus. Comm'n, 443 S.E.2d 716 (N.C. 1994). · cites it 13× “§ 97-80. Rules and regulations .... (a) The Commission may make rules, not inconsistent with this Article, for carrying out the provisions of this Article.”

Egen v. Excalibur Resort Prof'l, 663 S.E.2d 914 (N.C. Ct. App. 2008). · cites it 12× “2d 919, 921 (2004); see N.C. Gen. Stat. § 97-80 (a) (2001) (“The Commission may make rules, not inconsistent with this Article, for carrying out the provisions of this Article.”

Mehaffey v. Burger King, 749 S.E.2d 252 (N.C. 2013). · cites it 10× “Moreover, the Commission’s rule making authority under N.C.G.S. § 97-80 has likewise withstood the test of time, requiring the agency to adopt rules consistent with the Workers’ Compensation Act.”

Fennell v. North Carolina Dep't of Crime Control & Pub. Saf., 551 S.E.2d 486 (N.C. Ct. App. 2001). · cites it 4× “” N.C. Gen. Stat. § 97-80 (a) (1999). The Workers’ Compensation Act provides for disputes to be heard by a deputy, and for review of the award of the deputy by the Full Commission.”

Handy v. PPG Indus., 571 S.E.2d 853 (N.C. Ct. App. 2002). · cites it 8× “Members of the Commission, as well as deputy commissioners, are empowered to take evidence and enter orders, opinions, and awards.”

Hogan v. Cone Mills Corp., 337 S.E.2d 477 (N.C. 1985). · cites it 3× “§ 97-47, and its power to make rules not inconsistent with the Act, N.C.G.S. § 97-80. These provisions show “it was the purpose of the General Assembly that the Industrial Commission should have a continuing jurisdiction of all proceedings begun before the Commission for…”

Whitfield v. Lab'y Corp. of Am., 581 S.E.2d 778 (N.C. Ct. App. 2003). · cites it 2× “In the present case, the Commission’s findings show that it considered the medical records of Doctors Nichols, Lambertsen, Sanitate, and Adomonis and the reports of Oren LeBlang, along with the deposition of Dr.”

Hawley v. Wayne Dale Constr., 552 S.E.2d 269 (N.C. Ct. App. 2001). · cites it 4× “” N.C. Gen. Stat. § 97-80 (a) (1999). Pursuant to this authority granted by the North Carolina Legislature, the Commission promulgated Rule 612(2), which states: In cases where a party, or an attorney for either party, refuses to stipulate medical reports and the case must be…”

Lemly v. Colvard Oil Co., 577 S.E.2d 712 (N.C. Ct. App. 2003). · cites it 2× “” Pursuant to G.S. § 97-80(c), “[t]he Commission may order parties to participate in mediation.”

Woody v. Thomasville Upholstery Emp., 552 S.E.2d 202 (N.C. Ct. App. 2001). · cites it 3× “On 4 October 1996, plaintiff moved the Commission, pursuant to N.C. Gen.Stat. § 97-80 (1999), to allow plaintiff to request that defendant produce certain documents consisting of notes made by an employee of defendant while interviewing other employees.”

Matthews v. Charlotte-Mecklenburg Hosp. Auth., 510 S.E.2d 388 (N.C. Ct. App. 1999). · cites it 4× “Rule 802 permits the Commission to “subject the violator [of Workers’ Compensation Rules (the Rules)] to any of the sanctions outlined in Rule 37 of the North Carolina Rules of Civil Procedure.”

Cornell v. W. & S. Life Ins., 590 S.E.2d 294 (N.C. Ct. App. 2004). · cites it 2× “See Annotated Rules of North Carolina (2004). Rule 609 (l)(c) of the Workers’ Compensation Rules provides: *109 Motions filed after notice of appeal to the Full Commission has been given but prior to the calendaring of the case shall be directed to the Chair of the Industrial…”

Show all 54 citing cases →

— N.C. Gen. Stat. § 97-80(a) — 10 cases

Charlotte-Mecklenburg Hosp. Auth. v. North Carolina Indus. Comm'n, 443 S.E.2d 716 (N.C. 1994). “§ 97-80. Rules and regulations .... (a) The Commission may make rules, not inconsistent with this Article, for carrying out the provisions of this Article.”

Egen v. Excalibur Resort Prof'l, 663 S.E.2d 914 (N.C. Ct. App. 2008). “2d 919, 921 (2004); see N.C. Gen. Stat. § 97-80 (a) (2001) (“The Commission may make rules, not inconsistent with this Article, for carrying out the provisions of this Article.”

Mehaffey v. Burger King, 749 S.E.2d 252 (N.C. 2013). “Moreover, the Commission’s rule making authority under N.C.G.S. § 97-80 has likewise withstood the test of time, requiring the agency to adopt rules consistent with the Workers’ Compensation Act.”

Harvey v. Raleigh Police Dep't, 355 S.E.2d 147 (N.C. Ct. App. 1987).

Joyner v. Mabrey Smith Motor Co., 587 S.E.2d 451 (N.C. Ct. App. 2003).

— N.C. Gen. Stat. § 97-80(a)(1999) — 1 case

Fennell v. North Carolina Dep't of Crime Control & Pub. Saf., 551 S.E.2d 486 (N.C. Ct. App. 2001). “” N.C. Gen. Stat. § 97-80 (a) (1999). The Workers’ Compensation Act provides for disputes to be heard by a deputy, and for review of the award of the deputy by the Full Commission.”

— N.C. Gen. Stat. § 97-80(c) — 2 cases

Lemly v. Colvard Oil Co., 577 S.E.2d 712 (N.C. Ct. App. 2003). “” Pursuant to G.S. § 97-80(c), “[t]he Commission may order parties to participate in mediation.”

Timmons v. North Carolina Deparment of Transp., 473 S.E.2d 356 (N.C. Ct. App. 1996).

— N.C. Gen. Stat. § 97-80(d) — 1 case

Handy v. PPG Indus., 571 S.E.2d 853 (N.C. Ct. App. 2002). “Members of the Commission, as well as deputy commissioners, are empowered to take evidence and enter orders, opinions, and awards.”

— N.C. Gen. Stat. § 97-80(g) — 2 cases

Lauziere v. Stanley Martin Cmtys. (N.C. Ct. App. 2020).

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