H*3337(Rat #0445, Act #0359 of 1998)  General Bill, By D. Smith, Beck, Cato, 
Govan, Rice, Robinson, F. Smith and Tripp

Similar(S 618)
 A BILL TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO ADMINISTRATIVE PROCEDURES DEFINITIONS, SO AS TO DEFINE
 ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-320, AS AMENDED, RELATING TO
 SUBPOENAS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW
 JUDGE DIVISION SHALL, ON APPLICATION OF A PARTY, ENFORCE, QUASH, OR MODIFY A
 SUBPOENA; TO AMEND SECTION 1-23-570, RELATING TO RESPONSIBILITY FOR THE
 ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE FOR
 BUDGETARY MATTERS, ASSIGNMENT OF CASES, AND RESPONSIBILITIES OF SUPPORT STAFF;
 TO AMEND SECTION 1-23-580, RELATING TO SUPPORT STAFF, SO AS TO PROVIDE FOR
 ADMINISTRATIVE ASSISTANTS FOR ADMINISTRATIVE LAW JUDGES; TO AMEND SECTION
 1-23-650, RELATING TO PROMULGATION OF RULES, SO AS TO PROVIDE FOR PROMULGATION
 AND REVIEW OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATIVE
 LAW JUDGE DIVISION; AND TO AMEND SECTION 1-7-310, RELATING TO SOLICITORS, SO
 AS TO PROVIDE FOR THE QUALIFICATIONS OF SOLICITORS.-AMENDED TITLE

   01/29/97  House  Introduced and read first time HJ-11
   01/29/97  House  Referred to Committee on Judiciary HJ-11
   01/14/98  House  Committee report: Favorable with amendment
                     Judiciary HJ-4
   01/20/98  House  Amended HJ-18
   01/20/98  House  Read second time HJ-20
   01/21/98  House  Read third time and sent to Senate HJ-14
   01/27/98  Senate Introduced and read first time SJ-340
   01/27/98  Senate Referred to Committee on Judiciary SJ-340
   02/11/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   02/12/98  Senate Amended SJ-25
   02/12/98  Senate Read second time SJ-25
   02/17/98  Senate Read third time and returned to House with
                     amendments SJ-17
   02/24/98  House  Senate amendment amended HJ-38
   02/24/98  House  Returned to Senate with amendments HJ-38
   02/26/98  Senate Non-concurrence in House amendment SJ-18
   03/02/98  House  House insists upon amendment and conference
                     committee appointed Reps. Young, McMaster &
                     Delleney HJ-2
   03/19/98  Senate Conference committee appointed Sens. McConnell,
                     Ford and Rankin SJ-19
   06/03/98  House  Conference report received and adopted HJ-74
   06/03/98  Senate Conference report received and adopted
   06/03/98  Senate Ordered enrolled for ratification
   06/04/98         Ratified R 445
   06/10/98         Signed By Governor
   06/10/98         Effective date 06/10/98
   06/19/98         Copies available
   06/19/98         Act No. 359

AN ACT TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE PROCEDURES DEFINITIONS, SO AS TO DEFINE ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-320, AS AMENDED, RELATING TO SUBPOENAS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL, ON APPLICATION OF A PARTY, ENFORCE, QUASH, OR MODIFY A SUBPOENA; TO AMEND SECTION 1-23-570, RELATING TO RESPONSIBILITY FOR THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE FOR BUDGETARY MATTERS, ASSIGNMENT OF CASES, AND RESPONSIBILITIES OF SUPPORT STAFF; TO AMEND SECTION 1-23-580, RELATING TO SUPPORT STAFF, SO AS TO PROVIDE FOR ADMINISTRATIVE ASSISTANTS FOR ADMINISTRATIVE LAW JUDGES; TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES, SO AS TO PROVIDE FOR PROMULGATION AND REVIEW OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION; AND TO AMEND SECTION 1-7-310, RELATING TO SOLICITORS, SO AS TO PROVIDE FOR THE QUALIFICATIONS OF SOLICITORS.

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

Definitions

SECTION 1. Section 1-23-310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

Section 1-23-310. As used in this article:

(1) 'Administrative law judge' means a judge of the South Carolina administrative law judge division created pursuant to Section 1-23-500;

(2) 'Agency' means each state board, commission, department or officer, other than the legislature or the courts, but to include the administrative law judge division, authorized by law to determine contested cases;

(3) 'Contested case' means a proceeding including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;

(4) 'License' includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;

(5) 'Party' means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;

(6) 'Person' means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

Subpoenas in contested cases

SECTION 2. Section 1-23-320(d) of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"(d) The agency hearing a contested case may issue in the name of the agency subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on its own behalf or, upon request, on behalf of any other party to the case.

The administrative law judge division shall, on application of any party to the proceeding enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records and shall have the power to punish as for contempt of court, by a fine, or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the agency. A person to whom a subpoena has been issued may move before the administrative law judge for an order quashing or modifying the subpoena. The agency may issue to the sheriff of the county in which any hearing is held a warrant requiring him to produce at the hearing any witness who shall have ignored or failed to comply with any subpoena issued by the agency and duly served upon such witness. Such a warrant shall authorize the sheriff to arrest and produce at the hearing such witness, and it shall be his duty to do so; but the failure of a witness so to appear in response to any such subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors."

Chief judge responsible for administration of division

SECTION 3. Section 1-23-570 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-570. The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the division, including budgetary matters, assignment of cases, and the administrative duties and responsibilities of the support staff. The chief judge shall assign judges of the division to hear all cases of the various state departments and commissions for which it is responsible on a general rotation and interchange basis by scheduling and assigning administrative law judges based upon subject matter no less frequently than every six months."

Clerk of division; administrative assistant; other staff

SECTION 4. Section 1-23-580 of the 1976 Code, as added by Act 181 of 1993, 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 an administrative assistant as individually allotted and authorized in the annual general appropriations act.

(C) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act and shall be hired, contracted, and supervised by the chief judge. 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."

Promulgation of rules

SECTION 5. 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.

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."

Number, election, terms, and qualifications of solicitors

SECTION 6. Section 1-7-310 of the 1976 Code is amended to read:

"Section 1-7-310. There is one solicitor for each judicial circuit, to be elected by the qualified electors of the circuit, who holds his office for the term of four years. A solicitor must be licensed to practice law by the South Carolina Bar at the time of his election and throughout his term."

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 10th day of June, 1998.