S.C. Code Regs. § § 65-232
Current through Register Vol. 48, No. 11, November 22, 2024
A. Parties to the proceeding include: (1) Complainant. South Carolina Human Affairs Commission files the complaint under 65-227 seeking appropriate relief for an aggrieved party and vindication of the public interest.(2) Respondent. A respondent is a person named in the complaint issued under 65-227 against whom relief is sought.(3) Intervenors. Any aggrieved person may file a request for intervention under 65-233.(4) Rights of parties. Each party may appear in person, be represented by counsel, examine or cross-examine witnesses, introduce documentary or other relevant evidence into the record, and request the issuance of subpoenas.(5) Amicus Curiae. Briefs of amicus curiae may be permitted at the discretion of the panel. Such participants are not parties to the proceeding.B. Representation. (1) Representation of Commission. The Commission is represented by its legal counsel.(2) Representation of other parties. Other parties may be represented as follows:(a) Individuals may appear on their own behalf.(b) A member of a partnership may represent the partnership.(c) An officer of a corporation, trust or association may represent the corporation, trust or association.(d) An officer or employee of any governmental unit, agency or authority may represent that unit, agency or authority.(e) An attorney admitted to practice in the State of South Carolina. The attorney's representation that he or she is in good standing is sufficient evidence of the attorney's qualifications under this section, unless otherwise ordered by the panel.(3) Notice of appearance. Each attorney or other representative of a party shall file a notice of appearance. The notice must indicate the party on whose behalf the appearance is made. Any individual acting in a representative capacity may be required to demonstrate authority to act in that capacity.(4) Withdrawal. An attorney or other representative of a party must file a written notice of intent before withdrawing from participation in the proceeding.C. Standards of conduct. (1) All persons appearing in proceedings under this part shall act with integrity and in an ethical manner.(2) The Chief Hearing Commissioner may exclude parties or their representatives for refusal to comply with directions, continued use of dilatory tactics, refusal to adhere to reasonable standards of orderly and ethical conduct, failure to act in good faith, or violations of the prohibitions against ex parte communications. If an attorney is suspended or barred from participation in a proceeding, that fact shall be included in the record and the reasons for the action. An attorney that is suspended or barred from participation may appeal to the Chairman. The proceeding will not be delayed or suspended pending disposition on the appeal, except that the Chief Hearing Commissioner shall suspend the proceeding for a reasonable time to enable the party to obtain another attorney.D. Intervention shall be permitted if the request is timely and:(a) The intervenor is the aggrieved person on whose behalf the complaint is issued; or(b) The intervenor is an aggrieved person who claims an interest in the property or transaction that is the subject of the complaint and the disposition of the complaint may as a practical matter impair or impede the aggrieved persons's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties.Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.