S.C. Code Regs. § § 71-5700

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

Section 71-5700 - Procedure for Hearing Contested Citations and Assessments of Penalty

1. Any owner aggrieved by any action taken pursuant to these rules may file a Notice of Protest within thirty (30) days of the date of the action protested.

2. Notice of Hearing.

A. Service: Upon receipt of a Notice of Protest by any owner of any facility, the Commissioner shall serve notice of the time, place, and nature of a hearing to be held to determine the issues.

B. Contests: The Notice of Hearing shall include:

(1) Time, place, and nature of the hearing. The time shall be at least thirty (30) days from the service of Notice of Hearing unless the owner shall ask in writing for a shorter time;

(2) A short statement of the issues involved; and

(3) Designation of the representative of the Commissioner who shall conduct the hearing as Hearing Examiner.

3. Hearing Procedures.

(1) The Hearing Examiner will explain briefly the purpose and nature of the hearing, will ascertain who will present the case for each of the parties, and will hear all preliminary matters.

(2) All persons who give testimony shall be sworn.

(3) A party shall be entitled to present all relevant facts by oral or documentary evidence or by affidavit if the parties so agree.

(4) Opposing parties shall have the right to cross-examine any witness whose testimony is introduced.

(5) In all proceedings commenced by the filing of a Notice of Protest, the burden of proof shall rest with the Department of Labor.

(6) A business entity which owns a facility may be represented at any hearing by an attorney licensed to practice in South Carolina, or by an officer or employee of the entity. Where the owner contracts with a property manager whose regular duties include management of the licensed facility, an officer or employee of the property manager may represent the owner.

B. Within a reasonable time after the Hearing Examiner has heard all evidence and considered any written briefs or memoranda submitted, he shall make a written recommendation to the Commissioner. The Commissioner shall then make his final disposition of the proceedings and shall serve it upon all parties.

C. The Commissioner of Labor shall maintain a record of the proceedings which shall include testimony and exhibits.

S.C. Code Regs. § 71-5700

Added by State Register Volume 10, Issue No. 6, dated June 27, 1986, eff July 1, 1986. Amended by State Register Volume 11, Issue No. 6, eff June 26, 1987; State Register Volume 12, Issue No. 5, eff May 27, 1988; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993.