S*0250(Rat #0097, Act #0056 of 1983)  General Bill, By 
Senate Labor, Commerce and Industry
 A Bill to amend Act 176 of 1977, as amended, relating to State Register and
 Code of Regulations and Administrative Procedures, so as to provide that in a
 contested case all parties must be afforded an opportunity for hearing after
 notice of not less than thirty days, except in proceedings before the
 Employment Security Commission, which shall be governed by Section 41-35-680;
 and to amend Section 41-35-680, Code of Laws of South Carolina, 1976, relating
 to Employment Security benefits and claims and decision on appeal, so as to
 provide for notice of not less than seven days regarding a hearing before an
 appeal tribunal makes findings and conclusions, and provide that such appeal
 tribunal must affirm, modify, or reverse a determination or redetermination
 within thirty days from the date of such hearing.-amended title.

   02/17/83  Senate Introduced, read first time, placed on calendar
                     without reference SJ-486
   02/22/83  Senate Read second time SJ-515
   02/23/83  Senate Read third time and sent to House SJ-524
   02/23/83  House  Introduced and read first time HJ-1142
   02/23/83  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-1142
   03/30/83  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-1727
   04/05/83  House  Objection by Rep. J. Bradley HJ-1861
   04/05/83  House  Amended HJ-1861
   04/05/83  House  Read second time HJ-1861
   04/06/83  House  Objection by Rep. Kohn & Rigdon HJ-1901
   04/20/83  House  Debate adjourned HJ-2324
   04/21/83  House   Read third time HJ-2363
   04/21/83  House  Returned HJ-2363
   05/03/83  Senate Concurred in House amendment and enrolled SJ-1187
   05/10/83         Ratified R 97
   05/12/83         Signed By Governor
   05/12/83         Effective date 05/12/83
   05/12/83         Act No. 56
   05/17/83         Copies available

AN ACT TO AMEND ACT 176 OF 1977, AS AMENDED, RELATING TO STATE REGISTER AND CODE OF REGULATIONS AND ADMINISTRATIVE PROCEDURES, SO AS TO PROVIDE THAT IN A CONTESTED CASE ALL PARTIES MUST BE AFFORDED AN OPPORTUNITY FOR HEARING AFTER NOTICE OF NOT LESS THAN THIRTY DAYS, EXCEPT IN PROCEEDINGS BEFORE THE EMPLOYMENT SECURITY COMMISSION, WHICH SHALL BE GOVERNED BY SECTION 41-35-680; AND TO AMEND SECTION 41-35-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY BENEFITS AND CLAIMS AND DECISION ON APPEAL, SO AS TO PROVIDE FOR NOTICE OF NOT LESS THAN SEVEN DAYS REGARDING A HEARING BEFORE AN APPEAL TRIBUNAL MAKES FINDINGS AND CONCLUSIONS, AND PROVIDE THAT SUCH APPEAL TRIBUNAL MUST AFFIRM, MODIFY, OR REVERSE A DETERMINATION OR REDETERMINATION WITHIN THIRTY DAYS FROM THE DATE OF SUCH HEARING.

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

Hearing

SECTION 1. Subsection (a) of Section 2 of Article II of Act 176 of 1977 is amended to read:

"(a) In a contested case, all parties must be

afforded an opportunity for hearing after notice of not less than thirty days, except in proceedings before the Employment Security Commission, which shall be governed by the provisions of Section 41-35-680."

Findings and conclusions must be made

SECTION 2. Section 41-35-680 of the 1976 Code is amended to read:

"Section 41-35-680. Unless an appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for a fair hearing, after notice of not less than seven days, must make findings and conclusions promptly and on the basis thereof affirm, modify, or reverse the determination or redetermination within thirty days from the date of such hearing. Each party must be furnished promptly with a copy of the decision, together with the reasons therefor, which shall be considered to be the final decision of the commission, unless within ten days after the date of mailing or delivery of such decision a further appeal is initiated pursuant to Section 41-35-710."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.