Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Martin and Ford
Document Path: l:\council\bills\nbd\11962ac06.doc
Companion/Similar bill(s): 4517
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Judiciary
Summary: Occupational Health and Safety Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/6/2005 Senate Prefiled 12/6/2005 Senate Referred to Committee on Judiciary 1/10/2006 Senate Introduced and read first time SJ-16 1/10/2006 Senate Referred to Committee on Judiciary SJ-16 1/18/2006 Senate Referred to Subcommittee: Moore (ch), Ford, Mescher, Rankin, Scott
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 41-15-310, RELATING TO DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT SUCH CASES MUST BE HEARD BY THE ADMINISTRATIVE LAW COURT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41, RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-600(B) of the 1976 Code is amended to read:
"(B) An administrative law judge 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 Court."
SECTION 2. Section 41-15-310 of the 1976 Code is amended to read:
The Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations as may be necessary to establish a procedure for administrative review before the Commissioner or his authorized representative or representatives for any employer or employee or employee's representative affected or aggrieved by (1) any act of the Commissioner, (2) any citation issued by the Commissioner, (3) any penalty assessed by the Commissioner, or (4) any period of abatement set by the Commissioner.
Any employer, employee or their representatives has the right to appear as a party in any review proceedings before the Commissioner or his authorized representative or representatives by giving written notice to the Director of the Department of Labor, Licensing, and Regulation or his designee within twenty days of the act or receipt of citation, or notice of the penalty or period of abatement.
Within a reasonable time, the Commissioner shall make and serve in writing, upon each party, his decision, which becomes final upon the thirtieth day after service thereof.
Any employer or employee or their representative or representatives aggrieved by any order or findings of the Commissioner may obtain a review of the order or findings by petitioning the court of common pleas in the county where the employer maintains his principal place of business or where the violation is alleged to have occurred for a review of the order or findings by proper service upon the Director of the Department of Labor, Licensing, and Regulation or his designee within thirty days after service upon the party of the decision of the Commissioner. The commencement of proceedings under this section shall not, unless ordered by the court, operate as a stay of the order of the Commissioner. No objection that has not been urged before the Commissioner shall be considered by the court.
Notwithstanding the above provisions of this section, on October 1, 1983, or such later time as the South Carolina Occupational Health and Safety Review Board is duly constituted, the Director of the Department of Labor, Licensing, and Regulation or his designee shall cease to provide administrative review pursuant to this section. All matters pending before the Director of the Department of Labor, Licensing, and Regulation or his designee pursuant to this section and the regulations hereunder shall be transferred to the South Carolina Occupational Safety and Health Review Board on October 1, 1983, or such later time as it is duly constituted. (A) All issues that arise as a result of any citation issued by the Division of Labor pursuant to the authority of this chapter, any assessment of penalty, or any date set for the abatement of violations must be reviewed as a contested case before the Administrative law Court.
(B) An employer, employee, or employee representative has the right to appear as a party in any review proceeding by giving written notice to the department within twenty calendar days of the receipt of any citation, notice of penalty, or notice of abatement issued by the Division of Labor. The parties to a contested case are the Division of Labor and any affected employer, employee, or employee representative who gives written notice of contest as provided for in this subsection.
(C) Hearings must be conducted according to the rules of the Administrative Law Court.
(D) A party aggrieved by the decision of the Administrative Law Court may appeal to the South Carolina Court of Appeals, in accordance with the South Carolina Appellate Court Rules.
(E) An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a contested case pursuant to this section, but may appear by an officer or an employee.
(F) All matters pending before the South Carolina Occupational Safety and Health Review Board on the effective date of this act must be transferred to the Administrative Law Court, and the South Carolina Occupational Safety and Health Review Board shall cease to provide administrative review."
SECTION 3. Article 6, Chapter 15, Title 41, of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Friday, December 4, 2009 at 3:33 P.M.