S.C. Code Regs. § § 9-100.400

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

Section 9-100.400 - Interlocutory Review

A. Application for interlocutory review shall be made to the Adjudicator. The application shall not be certified to the Office of the Director of SCIAA except when the Adjudicator determines that:

1. the ruling involves a dispositive question of law or policy about which there is substantial ground for difference of opinion; or

2. an immediate ruling will materially advance the completion of the proceeding; or

3. the denial of an immediate ruling will cause irreparable harm to a party or the public.

B. Any application for interlocutory review shall:

1. be filed with the Adjudicator within five (5) days after the Adjudicator's ruling;

2. designate the ruling or part thereof from which appeal is being taken;

3. set forth the ground on which the appeal lies; and

4. present the points of fact and law relied upon in support of the position taken.

Any party that opposes the application may file a response within five (5) days after service of the application.

C. Proceedings Not Stayed. The filing of an application for review and the grant of review shall not stay proceedings before the Adjudicator unless (s)he or SCIAA shall so order. SCIAA will not consider the motion for a stay unless the motion shall have first been made to the Adjudicator.

S.C. Code Regs. § 9-100.400

Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.