South Carolina General Assembly
112th Session, 1997-1998

Bill 618


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       618
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970403
Primary Sponsor:                   Courtney 
All Sponsors:                      Courtney 
Drafted Document Number:           jud6025.ctc
Companion Bill Number:             3337
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Subject:                           Administrative Law Judges
                                   Division, support staff, rules and
                                   procedures; Courts



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19980217  Recommitted to Committee                 11 SJ
Senate  19970423  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970403  Introduced, read first time,             11 SJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 23, 1997

S. 618

Introduced by Senator Courtney

S. Printed 4/23/97--S.

Read the first time April 3, 1997.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 618), to amend Section 1-23-580, Code of Laws of South Carolina, 1976, relating to the clerk and other staff of the Administrative Law Judge Division, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, beginning on line 21, in Section 1-23-650, as contained in SECTION 2, by striking lines 21 through 25, and inserting therein the following:

/V of the Constitution; provided, however, the division shall adopt the South Carolina Rules of Civil Procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."/

Amend title to conform.

C. TYRONE COURTNEY, for Committee.

A BILL

TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF THE JUDGE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 1-23-580 of the 1976 Code is amended to read:

"Section 1-23-580. (A) A clerk of the division, to be appointed by the chief judge, must be appointed and is responsible for the custody and keeping of the records of the division. The clerk of the division shall perform those other duties as the chief judge may prescribe.

(B) Each administrative law judge may appoint, hire, contract, and supervise the support staff the judge is individually allotted pursuant to this section.

(C) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act. The division may engage stenographers for the transcribing of the proceedings in which an administrative law judge presides. It may contract for these stenographic functions, or it may use stenographers provided by the agency or commission."

Section 2. Section 1-23-650 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:

"Section 1-23-650. Rules governing the internal administration and operations of the Administrative Law Judge Division shall be:

(1) proposed by the chief judge of the division and adopted by a majority of the judges of the division; or

(2) proposed by any judge of the division and adopted by seventy-five percent of the judges of the division.

Each administrative law judge may appoint, hire, contract, and supervise the support staff he is individually allotted pursuant to Section 1-23-580(B). Rules governing practice and procedure before the division which are:

(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and

(2) not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code;

shall upon approval by a majority of the judges of the division be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution; provided, however, the division shall adopt the South Carolina Rules of Civil Procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."

SECTION 3. This act takes effect upon approval by the Governor.

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