S.C. Code Regs. § § 52-805
Current through Register Vol. 48, No. 11, November 22, 2024
Section 52-805 - Composition of the Panel for Full Commission ReviewA. Full Commission review is conducted by a panel of the remaining members of the commission excluding the original hearing Commissioners. The order of review panel is the final disposition of the case.B. The Commissioners reviewing the case may confer and receive advice from an attorney assigned to it by the Attorney General's office, if any.C. A majority vote of the review panel shall constitute the decision of the panel. The original hearing Commissioners' decision is neither a vote, nor shall it be considered as a vote, of the Commission's final decision.D. If a commissioner is temporarily incapacitated or otherwise unable to appear at oral argument, review may be conducted by the remaining Commissioners and the absent Commissioner may cast his vote based on the record.E. The three member panel decision and order may be modified in whole or in part by the Commission on review. On review, the Commissioners shall issue its order per curiam. An individual commissioner may file a dissenting opinion.F. If the Appellate Panel cannot agree, the Panel may remand the matter to a hearing panel with instructions.G. If a member of the Appellate Panel fails to register a vote within 60 days of the date of the review, the Commissioner is deemed to have abstained and his vote recorded accordingly.Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.