H*4794(Rat #0605, Act #0452)  General Bill, By J.H. Hodges, Harrison, T.E. Huff, 
Jennings, L.M. Martin, Sheheen and J.B. Wilder
 A Bill to amend Section 1-23-600, Code of Laws of South Carolina, 1976,
 relating to hearings and proceedings of the Administrative Law Judge Division,
 so as to provide that contested cases initiated before May 1, 1994, to which
 an administrative law judge would be assigned shall be heard and decided by a
 special hearing officer and cases initiated on or after May 1, 1994, shall be
 heard and decided by an administrative law judge; and to exempt those matters
 from the division 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 specifically assigned to the Administrative Law Judge
 Division; Section 1-23-650, relating to rules governing the internal
 administration and operation of the Administrative Law Judge Division, so as
 to provide that these rules shall be proposed by the Chief Judge of the
 Division and adopted by a majority of the Judges of the Division, or proposed
 by any Judge of the Division and adopted by seventy-five percent of the Judges
 of the Division, so as to provide that each Administrative Law Judge may
 appoint, hire, contract and supervise the support staff he is individually
 allotted, so as to provide that rules governing practice and procedure before
 the Division which are consistent with the rules of procedure governing civil
 actions in courts of common pleas and 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, and so as to provide that 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; Section 61-1-10, as
 amended, relating to the appointment of attorneys to act as Alcoholic Beverage
 Control Hearing Officers, so as to provide that Hearing Officers shall be
 appointed for these cases initiated before May 1, 1994; Section 61-1-55,
 relating to the transfer of the duties and responsibilities of Alcoholic
 Beverage Control Hearing Officers to the Administrative Law Judge Division, so
 as to provide that alcoholic beverage cases initiated before May 1, 1994, to
 which an Administrative Law Judge would be assigned shall be heard and decided
 by a hearing officer and cases initiated on or after May 1, 1994, shall be
 heard and decided by an Administrative Law Judge, and to delay from March 1,
 1994, to May 1, 1994, the repeal of certain provisions of law relating to the
 appointment of these hearing officers; Section 1-23-640, as amended, relating
 to the location where the Administrative Law Judge Division shall hear
 contested cases, so as to provide that the Division shall hear cases at its
 offices or at other locations as determined by the Chief Judge; Section
 8-11-260, relating to the state employee personnel administration system, so
 as to exempt the judges, officers, and employees of the Administrative Law
 Judge Division; Section 8-17-370, relating to state employee grievance
 procedures, so as to exempt the judges, officers, and employees of the
 Administrative Law Judge Division; and Section 1-23-500, as amended, relating
 to the creation of the Administrative Law Judge Division, so as to direct the
 Judicial Council to study the feasibility and constitutionality of making the
 Administrative Law Judge Division a part of the Unified Judicial System, and
 to report its findings to the General Assembly and the Chief Justice of the
 Supreme Court by January 15, 1995.-amended title

   02/22/94  House  Introduced, read first time, placed on calendar
                     without reference HJ-6
   03/24/94  House  Amended HJ-38
   03/24/94  House  Read second time HJ-40
   03/29/94  House  Read third time and sent to Senate HJ-11
   03/30/94  Senate Introduced and read first time SJ-15
   03/30/94  Senate Referred to Committee on Judiciary SJ-15
   04/21/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-35
   04/26/94  Senate Amended SJ-59
   04/26/94  Senate Read second time SJ-60
   04/27/94  Senate Amended SJ-39
   04/27/94  Senate Read third time and returned to House with
                     amendments SJ-39
   05/10/94  House  Debate adjourned on Senate amendments until
                     Tuesday, May 17, 1994 HJ-129
   05/18/94  House  Non-concurrence in Senate amendment HJ-40
   05/19/94  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Moore, Stilwell &
                     Washington SJ-10
   05/24/94  House  Conference committee appointed Jennings, Martin &
                     Harrison HJ-3
   05/25/94  House   Rep. Hodges appointed in lieu of Rep. Harrison HJ-9
   06/02/94  House  Free conference powers granted HJ-59
   06/02/94  House  Free conference committee appointed Rep.
                     Jennings, Martin & Hodges HJ-61
   06/02/94  House  Free conference report received and adopted HJ-61
   06/02/94  Senate Free conference powers granted SJ-109
   06/02/94  Senate Free conference committee appointed Sens.
                     Stilwell, Moore, Washington SJ-110
   06/02/94  Senate Free conference report received and adopted SJ-110
   06/02/94  House  Ordered enrolled for ratification HJ-103
   06/02/94         Ratified R 605
   06/16/94         Signed By Governor
   06/16/94         Effective date 06/16/94
   06/28/94         Copies available

AN ACT TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; AND TO EXEMPT THOSE MATTERS FROM THE DIVISION 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 SPECIFICALLY ASSIGNED TO THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 1-23-650, RELATING TO RULES GOVERNING THE INTERNAL ADMINISTRATION AND OPERATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE PROPOSED BY THE CHIEF JUDGE OF THE DIVISION AND ADOPTED BY A MAJORITY OF THE JUDGES OF THE DIVISION, OR PROPOSED BY ANY JUDGE OF THE DIVISION AND ADOPTED BY SEVENTY-FIVE PERCENT OF THE JUDGES OF THE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED, SO AS TO PROVIDE THAT RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION WHICH ARE CONSISTENT WITH THE RULES OF PROCEDURE GOVERNING CIVIL ACTIONS IN COURTS OF COMMON PLEAS AND 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, AND SO AS TO PROVIDE THAT 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; SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS; SECTION 1-23-640, AS AMENDED, RELATING TO THE LOCATION WHERE THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HEAR CONTESTED CASES, SO AS TO PROVIDE THAT THE DIVISION SHALL HEAR CASES AT ITS OFFICES OR AT OTHER LOCATIONS AS DETERMINED BY THE CHIEF JUDGE; SECTION 8-11-260, RELATING TO THE STATE EMPLOYEE PERSONNEL ADMINISTRATION SYSTEM, SO AS TO EXEMPT THE JUDGES, OFFICERS, AND EMPLOYEES OF THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 8-17-370, RELATING TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT THE JUDGES, OFFICERS, AND EMPLOYEES OF THE ADMINISTRATIVE LAW JUDGE DIVISION; AND SECTION 1-23-500, AS AMENDED, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO DIRECT THE JUDICIAL COUNCIL TO STUDY THE FEASIBILITY AND CONSTITUTIONALITY OF MAKING THE ADMINISTRATIVE LAW JUDGE DIVISION A PART OF THE UNIFIED JUDICIAL SYSTEM, AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY AND THE CHIEF JUSTICE OF THE SUPREME COURT BY JANUARY 15, 1995.

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

Cases heard

SECTION 1. Section 1-23-600(E) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"(E) Notwithstanding the other provisions of this section, cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of this article."

Rules

SECTION 2. Section 1-23-650 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is 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."

Hearing officers

SECTION 3. Section 61-1-10(B) of the 1976 Code, as last amended by Section 1582 of Act 181 of 1993, is further amended to read:

"(B) Notwithstanding the other provisions of law, in cases involving applications protested or administrative violations written before May 1, 1994, the commissioners of the Department of Revenue and Taxation, in consultation with the South Carolina Attorney General, shall appoint attorneys who are qualified to act as alcoholic beverage control hearing officers, by reason of training, education, experience, or knowledge of the law. In order to be considered qualified to act as a hearing officer, a person:

(1) must be licensed to practice law in this State;

(2) must have been licensed to practice law for at least three years;

(3) must have knowledge of and experience with the South Carolina Administrative Procedures Act;

(4) must have knowledge of and experience with the laws and regulations governing alcoholic beverages, beer, and wine;

(5) must have trial experience;

(6) must meet other qualifications the department and the Attorney General determine reasonably necessary for the proper administration of the laws and regulations governing alcoholic beverages, beer, and wine."

Assignment of cases

SECTION 4. Section 61-1-55 of the 1976 Code, as added by Section 1582 of Act 181 of 1993, is amended to read:

"Section 61-1-55. Notwithstanding any other provisions of law, cases initiated under Section 61-1-20 before May 1, 1994, to which an administrative law judge would be assigned shall be heard by a hearing officer with the powers, duties, and responsibilities as enumerated in Sections 61-1-10, 61-1-20, 61-1-25, 61-1-30, 61-1-40, and 61-1-50. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of Chapter 23 of Title 1. Effective May 1, 1994, the provisions of Sections 61-1-10(A)(4), 61-1-10(B), (C), and (D), 61-1-20, 61-1-25, 61-1-30, 61-1-40, and 61-1-50 are repealed."

Matters exempt

SECTION 5. Section 1-23-600(B) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"(B) An administrative law judge of the division 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 Administration Law Judge Division."

Location of hearings

SECTION 6. Section 1-23-640 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"Section 1-23-640. The division shall maintain its principal offices in the City of Columbia. However, judges of the division shall hear contested cases at the offices or location of the involved department or commission as prescribed by the agency or commission, at the division's offices, or at suitable locations outside the City of Columbia as determined by the chief judge."

Personnel exempt

SECTION 7. Section 8-11-260(d) of the 1976 Code is amended to read:

"(d) all judges within the unified court system, all officers and employees of the judicial department, all employees of the Commission on Prosecution Coordination, and all judges, officers, and employees of the Administrative Law Judge Division;"

Personnel exempt

SECTION 8. Section 8-17-370(4) of the 1976 Code is amended to read:

"(4) Supreme Court justices, circuit court judges, referees, receivers, magistrates, jurors, or masters-in-equity, and all employees of the Commission on Prosecution Coordination, and the judges, officers, and employees of the Administrative Law Judge Division;"

Feasibility study

SECTION 9. Section 1-23-500 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-500. (A) There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the government of this State. Effective March 1, 1994, the division shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state employees retirement system.

(B) The Judicial Council is hereby directed to study the feasibility and constitutionality of making the South Carolina Administrative Law Judge Division a part of the unified judicial system established under Article V of the South Carolina Constitution and shall present a report of its study to the General Assembly and the Chief Justice of the Supreme Court by January 15, 1995."

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Approved the 16th day of June, 1994.