S.C. Code Regs. § § 65-231

Current through Register Vol. 48, No. 11, November 22, 2024

Section 65-231 - Hearing Panel

A. Designation.

Proceedings under this part shall be presided over by three members of the Commission appointed by the Chairman. The Chairman shall appoint one of the three as Chief Hearing Commissioner.

B. Authority.

The Chief Hearing Commissioner shall have all powers necessary to the conduct of fair and impartial hearings including, but not limited to, the power:

(1) To conduct hearings in accordance with this Rule.

(2) To administer oaths and affirmations and examine witnesses.

(3) To issue subpoenas.

(4) To rule on offers of proof and receive evidence.

(5) To take depositions or have depositions taken when the ends of justice would be served.

(6) To regulate the course of the hearing and the conduct of parties and their counsel.

(7) To hold conferences for the settlement or simplification of the issues by consent of the parties.

(8) To dispose of motions, procedural requests, and similar matters.

C. Disqualification.

(1) If any Commissioner serving on a panel finds that there is a basis for his or her disqualification in a proceeding, he or she shall withdraw from the proceeding. Withdrawal is accomplished by entering a notice in the record and by providing a copy of the notice to the Chief Hearing Commissioner.

(2) If a party believes that a panel member should be disqualified in a proceeding for any reason, the party may file a motion to recuse with the Chief Hearing Commissioner. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The Chief Hearing Commissioner shall rule on the motion. If the Chief Hearing Commissioner denies the motion, the Chief Hearing Commissioner shall incorporate a written statement of the reasons for the denial in the record.

(3) If a hearing Commissioner withdraws or is disqualified, the Chairman shall designate another Commissioner to serve.

D. Ex parte communications.

(1) An ex parte communication is any direct or indirect communication concerning the merits of a pending proceeding, made by a party in the absence of any other party, to a Commissioner assigned to the proceeding and which was neither on the record nor on reasonable prior notice to all parties. Ex parte communications do not include communications made for the sole purpose of scheduling hearings, requesting extensions of time, or requesting information on the status of cases.

(2) Ex parte communications are prohibited.

(3) If a Commissioner receives an ex parte communication that he or she knows or has reason to believe is prohibited, he or she shall promptly place the communication, or a written statement of the substance of the communication, in the record and shall furnish copies to all parties. Unauthorized communications shall not be taken into consideration in deciding any matter in issue. Any party making a prohibited ex parte communication may be subject to sanctions including, but not limited to, exclusion from the proceeding, and adverse ruling on the issue that is the subject of the prohibited communication.

S.C. Code Regs. § 65-231

Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.