RISK MANAGEMENT ALERT
March 2020
COVID-19 Update: Administrative Hearings Not Affected by Recent Orders
We recently published a RISK MANAGEMENT ALERT concerning Chief Justice Beasley's Order issued on March 19, 2020.
 
Today we share this addendum to that ALERT making sure everyone understands what is not covered by the Chief Justice's Order.
 
The Order states:
 
I order that all pleadings, motions, notices, and other documents and papers that were or are due to be filed in any county of this state on or after 16 March 2020 and before the close of business on 17 April 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if they are filed before the close of business on 17 April 2020.
 
I further order that all other acts that were or are due to be done in any county of this state on or after 16 March 2020 and before the close of business on 17 April 2020 in civil actions, criminal actions, estates and special proceedings shall be deemed to be timely done if they are done before the close of business on 17 April 2020.
 
This order does not apply to documents and papers filed or acts due to be done in the appellate courts .
 
(emphasis added.)
 
The Chief Justice's Order applies to all actions now pending in the North Carolina Business Court. Read Chief Business Court Judge Bledsoe's March 23 Order for more information.
 
The Chief Justice's Order specifically excludes all documents and papers filed or acts due or to be done in the appellate courts.
 
In addition, the Chief Justice's Order does not extend deadlines (filings or statutes of limitations) for administrative proceedings, such as Industrial Commission proceedings (workers' compensation, tort claims act), Office of Administrative Hearings ("OAH") proceedings, such as Retaliatory Employment Discrimination Act ("REDA") claims, and others. Read  Chief Administrative Judge Mann's March 18 posting here.