Current Status Bill Number:
618Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970403Primary Sponsor: CourtneyAll Sponsors: CourtneyDrafted Document Number: jud6025.ctcCompanion Bill Number: 3337Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Administrative Law Judges Division, support staff, rules and procedures; Courts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980217 Recommitted to Committee 11 SJ Senate 19970423 Committee report: Favorable with 11 SJ amendment Senate 19970403 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
April 23, 1997
S. Printed 4/23/97--S.
Read the first time April 3, 1997.
To whom was referred a Bill (S. 618), to amend Section 1-23-580, Code of Laws of South Carolina, 1976, relating to the clerk and other staff of the Administrative Law Judge Division, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, beginning on line 21, in Section 1-23-650, as contained in SECTION 2, by striking lines 21 through 25, and inserting therein the following:
/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."/
Amend title to conform.
C. TYRONE COURTNEY, for Committee.
TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF THE JUDGE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-580 of the 1976 Code 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 the support staff the judge is individually allotted pursuant to this section.
(C) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act. 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."
Section 2. 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.
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 3. This act takes effect upon approval by the Governor.