H*3235(Rat #0252, Act #0202 of 2004)  General Bill, By Harrison, Altman, Bailey, 
Bales, Talley, Kirsh, Clemmons and Cotty
 AN ACT TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE
 DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA
 ADMINISTRATIVE LAW COURT", TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO
 HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE
 THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE
 WITH THE COURT'S RULES OF PROCEDURE AND THAT A PARTY REQUESTING A HEARING WITH
 THE ADMINISTRATIVE LAW COURT MUST SIMULTANEOUSLY SERVE A COPY OF THE REQUEST
 ON THE AFFECTED AGENCY, AND TO PROVIDE THAT WHEN THE TERM "ADMINISTRATIVE LAW
 JUDGE DIVISION" APPEARS IN THE LAW, A REGULATION, OR OTHER DOCUMENT, IT MUST
 BE CONSTRUED TO MEAN THE "ADMINISTRATIVE LAW COURT". - ratified title

   12/18/02  House  Prefiled
   12/18/02  House  Referred to Committee on Judiciary
   01/14/03  House  Introduced and read first time HJ-96
   01/14/03  House  Referred to Committee on Judiciary HJ-97
   01/28/03  House  Member(s) request name added as sponsor: Clemmons
   02/04/03  House  Member(s) request name added as sponsor: Cotty
   02/12/03  House  Committee report: Favorable Judiciary HJ-3
   02/13/03  House  Read second time HJ-14
   02/13/03  House  Unanimous consent for third reading on next
                     legislative day HJ-16
   02/13/03         Scrivener's error corrected
   02/14/03  House  Read third time and sent to Senate HJ-2
   02/18/03  Senate Introduced and read first time SJ-8
   02/18/03  Senate Referred to Committee on Judiciary SJ-8
   03/30/04  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   04/06/04  Senate Amended SJ-43
   04/06/04  Senate Read second time SJ-43
   04/07/04         Scrivener's error corrected
   04/07/04  Senate Read third time and returned to House with
                     amendments SJ-17
   04/14/04  House  Concurred in Senate amendment and enrolled HJ-62
   04/20/04         Ratified R 252
   04/26/04         Signed By Governor
   05/03/04         Copies available
   05/03/04         Effective date 04/26/04
   05/18/04         Act No. 202

(A202, R252, H3235)

AN ACT TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE AND THAT A PARTY REQUESTING A HEARING WITH THE ADMINISTRATIVE LAW COURT MUST SIMULTANEOUSLY SERVE A COPY OF THE REQUEST ON THE AFFECTED AGENCY, AND TO PROVIDE THAT WHEN THE TERM "ADMINISTRATIVE LAW JUDGE DIVISION" APPEARS IN THE LAW, A REGULATION, OR OTHER DOCUMENT, IT MUST BE CONSTRUED TO MEAN THE "ADMINISTRATIVE LAW COURT".

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

South Carolina Administrative Law Court created

SECTION    1.    Section 1-23-500 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:

"Section 1-23-500.        There is created the South Carolina Administrative Law Court, which is an agency and a court of record within the executive branch of the government of this State. The court shall consist of a total of six administrative law judges. The administrative law judges shall be part of the state employees retirement system."

Hearings and proceedings before the South Carolina Administrative Law Court

SECTION    2.    Section 1-23-600 of the 1976 Code, as last amended by Act 92 of 1995, is further amended to read:

"Section 1-23-600.    (A)    A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony shall be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published, but are available for public inspection unless the confidentiality thereof is allowed or required by law.

(B)    An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Court.

(C)    All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.

(D)    An administrative law judge also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380."

References to Administrative Law Judge Division

SECTION    3.    Wherever the term "Administrative Law Judge Division" appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 20th day of April, 2004.

Approved the 26th day of April, 2004.