S.C. Code Regs. § § 72-440

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

Section 72-440 - Hearing and Complaint Procedure

A. An administrative hearing is available, following a timely request, to determine the propriety of:

(1) A citizen complaint concerning program operation.

(2) A contractor complaint concerning program operation.

B. A hearing may be initiated by any applicant/citizen, provided that a written request is received within thirty (30) days after notice is given to the applicant/citizen of the adverse action.

C. All hearings shall be initiated via correspondence approved by the Commission which shall give notice to all parties of the hearing.

(1) All parties must receive notice of the hearing of not less than thirty (30) days;

(2) The notice shall be sent by the designated hearing officer(s);

(3) The notice shall include:

(a) A statement of the time, place, and nature of the hearing;

(b) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) A reference to the particular sections of the statutes and rules involved;

(d) A short and plain statement of the matters asserted. If the hearing officer(s) is/are unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

D. All hearings shall be conducted by a hearing officer(s) appointed by the Commission.

E. All hearings shall be conducted in accordance with Section 1-23-10 et. seq. of the 1976 South Carolina Code of Laws.

F. The hearing officer(s) shall issue a proposal for decision which shall be mailed to the parties.

G. Within twenty (20) days after mailing of the proposal for decision, any party may file exceptions to the hearing officer's proposal for decision.

(1) Such exceptions shall be in written form, addressed to the Chairman of the Commission, and served upon all adverse parties;

(2) The exceptions shall list all the grounds upon which the exceptions are based.

H. If no exceptions are received by the Commission within the twenty (20) day period following the mailing of the proposal for decision, the Commission shall issue a final decision.

I. If timely exceptions are received, the Commission shall send notice to the parties that the appealing party(s) has thirty (30) days to submit a brief. Following the service of the appealing party's brief, or upon the expiration of the thirty (30) day period, whichever shall occur first, the other party shall have thirty (30) days to submit a brief. All briefs must be served on the opposing parties and filed with the Commission.

J. Following receipt of all briefs, the Commission shall schedule an oral argument if requested to do so by either party.

K. The request for an oral argument must be in writing, addressed to the Chairman of the Commission, and submitted with that party's brief.

L. The oral argument shall be scheduled for the next regular Commission meeting following the filing of the last brief.

M. The oral argument shall be heard by the members of the Commission present at the Commission meeting and shall be held in accordance with the following format:

(1) The appealing party shall be given twenty minutes to present his case;

(2) The opposing party shall be given twenty minutes to present his case;

(3) The appealing party shall be given a rebuttal period of five minutes.

N. The parties by written stipulation may agree that the hearing officer's decision shall be final and binding upon the parties.

O. The final order shall be issued by the Commission, and the decision of the Commission shall represent the view of a majority of the Commission members voting on the appeal.

P. The final order shall be written and shall comply with the provisions of Section 1-23-10 et. seq. of the 1976 South Carolina Code of Laws.

S.C. Code Regs. § 72-440

Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993.