South Carolina General Assembly
115th Session, 2003-2004

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Bill 3235

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT AMENDED AND ADOPTED

April 6, 2004

H. 3235

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

S. Printed 4/06/04--S.    [SEC 4/7/04 2:17 PM]

Read the first time February 18, 2003.

            

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; 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.

Amend Title To Conform

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 division The 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 1-23-600 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 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 administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding Administrative Law Judge shall administrative law judge must render the decision in a written order. The decisions or orders of these Administrative Law Judges 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 that 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    3.    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    4.    This act takes effect upon approval by the Governor.

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