H*3219(Rat #0215, Act #0188 of 2008)  General Bill, By Harrison, Cotty and 
McLeod

Similar(S 250)
 AN ACT TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO
 DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE
 OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE
 LAW JUDGE; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT
 OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY
 CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION,
 PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND
 REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE
 ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT
 AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO
 REPEAL ARTICLE 6, CHAPTER 15, TITLE 41 RELATING TO THE SOUTH CAROLINA
 OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD. - ratified title

   01/11/07  House  Introduced and read first time HJ-275
   01/11/07  House  Referred to Committee on Judiciary HJ-275
   01/23/07  House  Member(s) request name added as sponsor: Cotty
   05/23/07  House  Member(s) request name added as sponsor: McLeod
   01/16/08  House  Committee report: Favorable Judiciary HJ-2
   01/17/08  House  Read second time HJ-15
   01/17/08  House  Unanimous consent for third reading on next
                     legislative day HJ-16
   01/17/08         Scrivener's error corrected
   01/18/08  House  Read third time and sent to Senate HJ-1
   01/22/08  Senate Introduced and read first time SJ-5
   01/22/08  Senate Referred to Committee on Judiciary SJ-5
   01/29/08  Senate Referred to Subcommittee: Martin (ch), Hutto,
                     Ritchie, Lourie
   03/12/08  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   03/13/08  Senate Committee Amendment Adopted SJ-17
   03/13/08  Senate Read second time SJ-17
   03/17/08         Scrivener's error corrected
   03/18/08  Senate Read third time and returned to House with
                     amendments SJ-24
   03/26/08  House  Concurred in Senate amendment and enrolled HJ-32
   03/27/08         Ratified R 215
   03/31/08         Signed By Governor
   04/02/08         Copies available
   04/02/08         Effective date 01/01/09
   04/07/08         Act No. 188

(A188, R215, H3219)

AN ACT TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL HEALTH AND SAFETY ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41 RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.

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

Administrative law judge jurisdiction

SECTION    1.    Section 1-23-600(B) of the 1976 Code, as last amended by Act 387 of 2006, is further amended to read:

"(B)    An administrative law judge shall preside over all hearings of contested cases as defined in Section 1-23-310 or Article I, Section 22, Constitution of the State of South Carolina, 1895, involving the departments of the executive branch of government as defined in Section 1-30-10 in which a single hearing officer, or an administrative law judge, is authorized or permitted by law or regulation to hear and decide these cases, except those matters which are otherwise provided for in Title 56, those matters arising under the Consolidated Procurement Code, those matters heard by the Public Service Commission, the Employment Security Commission, the Workers' Compensation Commission, or other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by statute or regulation specifically assigned to the jurisdiction of the Administrative Law Court."

Appeal of Division of Labor decisions to administrative law judge

SECTION    2.    Section 41-15-310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 41-15-310.    (A)    Within thirty days after receipt of a citation, notice of penalty, or notice of abatement issued by the Division of Labor pursuant to the authority of this chapter, any aggrieved party may request a contested case hearing before the Administrative Law Court in accordance with Articles 3 and 5 of Chapter 23, Title 1 and the Rules of the Administrative Law Court. The parties to the contested case are the Division of Labor and any aggrieved employer, employee, or employee representative who requests a contested case hearing.

(B)    Hearings must be conducted according to the Rules of the Administrative Law Court.

(C)    A party aggrieved by the decision of the Administrative Law Court may appeal the decision as provided in Sections 1-23-380 and 1-23-610.

(D)    An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a contested case before the Administrative Law Court pursuant to this section, but may appear by an officer or an employee.

(E)    All matters pending before the South Carolina Occupational Health and Safety Review Board on the effective date of this act must be transferred to the Administrative Law Court for adjudication, and the South Carolina Occupational Health and Safety Review Board shall no longer provide administrative review."

Repeal of Occupational Health and Safety Review Board

SECTION    3.    Article 6, Chapter 15, Title 41 of the 1976 Code is repealed.

Time effective

SECTION    4.    This act takes effect January 1, 2009.

Ratified the 27th day of March, 2008.

Approved the 31st day of March, 2008.