South Carolina General Assembly
115th Session, 2003-2004

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Bill 3235

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

March 30, 2004

H. 3235

Introduced by Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty

S. Printed 3/30/04--S.

Read the first time February 18, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3235) to amend Section 1-23-500, as amended, Code of Laws of South Carolina, 1976, relating to the creation of the Administrative Law Judge Division, so as to change the name of the division to the "South Carolina Administrative Law Court", etc., respectfully

REPORT:

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, by striking all after the enacting words and inserting therein the following:

/    SECTION    1.    Section 1-23-500 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:

"Section 1-23-500.    (A)    There is created the South Carolina Administrative Law Judge Division Court, which is an agency of and a court of record within the executive branch of the government of this State. Effective March 1, 1994, the The division court shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state employees retirement system.

(B)    The Judicial Council is hereby directed to study the feasibility and constitutionality of making the South Carolina Administrative Law Judge Division a part of the unified judicial system established under Article V of the South Carolina Constitution and shall present a report of its study to the General Assembly and the Chief Justice of the Supreme Court by January 15, 1995."

SECTION    2.    Section 1-23-560 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-560.    Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, and by those provisions of Chapter 13, Title 8 that are applicable to members of the unified court system. The Commission on Judicial Conduct is responsible for enforcement and administration of the Code of Judicial Conduct, and the State Ethics Commission is responsible for enforcement and administration of those rules the State Ethics Reform Act of 1991 pursuant to Section 8-13-320."

SECTION    3.    Section 1-23-600 of the 1976 Code, as last amended by Act 92 of 1995, is further amended to read:

"Section 1-23-600.    (A)    A full and complete record shall must be kept of all contested cases and regulation hearings before an Administrative Law Judge. All testimony shall be reported, and but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript shall be is responsible for the costs involved. Proceedings before Administrative Law Judges are open to the public unless confidentiality is allowed or required by law. The presiding Administrative Law Judge shall must render the decision in a written order. The decisions or orders of these Administrative Law Judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.

(B)    An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Judge Division Court.

(C)    Departments shall notify the Administrative Law Judge Division of all pending contested cases All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party which files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the notification filing of the request, the chief judge shall assign an administrative law judge to each contested the case.

(D)    An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing, and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380.

(E)    Notwithstanding the other provisions of this section, cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of this article."

SECTION    4.    Wherever the term "Administrative Law Judge Division" appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act.

SECTION    5.    This act takes effect upon approval by the Governor.    /

Renumber sections to conform.

Amend title to conform.

RALPH ANDERSON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Administrative Law Judge Division indicates there will be no fiscal impact on the General Fund of the State or on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

            

A BILL

TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", AND TO DIRECT THE CODE COMMISSIONER TO CHANGE ALL REFERENCES TO "ADMINISTRATIVE LAW JUDGE DIVISION" TO "ADMINISTRATIVE LAW COURT" IN THE 1976 CODE; TO AMEND SECTION 1-23-560, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES, SO AS TO CLARIFY THAT THE COMMISSION ON JUDICIAL CONDUCT IS RESPONSIBLE FOR ENFORCING AND ADMINISTERING THE CODE OF JUDICIAL CONDUCT WITH RESPECT TO ADMINISTRATIVE LAW JUDGES; AND TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE.

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

SECTION    1.    Section 1-23-500 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:

"Section 1-23-500.    (A)    There is created the South Carolina Administrative Law Judge Division Court, which is an agency and a court of record of within the executive branch of the government of this State. Effective March 1, 1994, The division court shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state employees retirement system.

(B)    The Judicial Council is hereby directed to study the feasibility and constitutionality of making the South Carolina Administrative Law Judge Division a part of the unified judicial system established under Article V of the South Carolina Constitution and shall present a report of its study to the General Assembly and the Chief Justice of the Supreme Court by January 15, 1995."

SECTION    2.    Section 1-23-560 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-560.    Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules, and by those provisions of Chapter 13, Title 8 that are applicable to members of the unified court system. The Commission on Judicial Conduct is responsible for enforcement and administration of the Code of Judicial Conduct and the State Ethics Commission is responsible for enforcement and administration of those rules the State Ethics Reform Act of 1991 pursuant to Section 8-13-320."

SECTION    3.    Section 1-23-600 of the 1976 Code, as last amended by Act 92 of 1995, is further amended to read:

"Section 1-23-600.    (A)    A full and complete record shall be kept of all contested cases and regulation hearings before an Administrative Law Judge. All testimony shall be reported and need not be transcribed unless a transcript is requested by any party. The party requesting a transcript shall be responsible for the costs involved. Proceedings before Administrative Law Judges are open to the public unless confidentiality is allowed or required by law. The presiding Administrative Law Judge shall render the decision in a written order. The decisions or orders of these Administrative Law Judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.

(B)    An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Judge Division.

(C)    Departments shall notify the Administrative Law Judge Division of all pending contested cases All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Upon notification filing, the chief judge shall assign an administrative law judge to each contested case.

(D)    An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380.

(E)    Notwithstanding the other provisions of this section, cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of this article."

SECTION    4.    Wherever the term "Administrative Law Judge Division" appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act.

SECTION    5.    This act takes effect upon approval by the Governor.

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