Current Status Bill Number:4445 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960116 Primary Sponsor:Harrison All Sponsors:Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young Drafted Document Number:gjk\22201sd.96 Residing Body:Senate Date of Last Amendment:19960529 Subject:Administrative procedures
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960529 Amended
Senate 19960424 Committee report: Favorable 11 SJ
Senate 19960409 Introduced, read first time, 11 SJ
referred to Committee
House 19960404 Read third time, sent to Senate
House 19960403 Unanimous consent for third
reading on the next Legislative day
House 19960403 Amended, read second time
House 19960402 Debate adjourned until
Wednesday, 19960403
House 19960327 Debate adjourned until
Tuesday, 19960402
House 19960327 Amended
House 19960320 Committee report: Favorable with 25 HJ
amendment
House 19960116 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 29, 1996
H. 4445
Introduced by REPS. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young
S. Printed 5/29/96--S.
Read the first time April 9, 1996.
TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
"(j) All contested case proceedings before an administrative law judge shall be governed by the rules of procedure of the Administrative Law Judge Division."
SECTION 2. Section 1-23-330 of the 1976 Code is amended to read:
"Section 1-23-330. In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Except in proceedings before the Industrial Commission the rules of evidence as applied in civil cases in the court of common pleas shall be followed. The standard of proof shall be the preponderance of the evidence, except in professional licensing cases in which the standard of proof shall be clear and convincing evidence. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;
(3) Any party may conduct cross-examination;
(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence."
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. The chief judge shall assign judges of the division to hear contested 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."
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) 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.
(C) Each administrative law judge may appoint, hire, contract, and supervise an administrative assistant as individually allotted and authorized in the annual general appropriations act."
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 practice and procedure before 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."
SECTION 6. This act takes effect upon approval by the Governor.