Current through Register Vol. 48, No. 11, November 22, 2024
Section 9-100.410 - Petitions for ReviewA. Any person adversely affected or aggrieved by the Adjudicator's decision may file with SCIAA a petition for review within thirty (30) days after issuance of the Adjudicator's initial decision. Two or more parties may join in the same petition.B. A petition for review, no more than five (5) pages in length, shall be filed only upon one or more of the following grounds:1. A finding of material fact is not supported by substantial evidence;2. A necessary legal conclusion is erroneous;3. The decision is contrary to law or to the duly promulgated rules or decisions of SCIAA;4. A substantial question of law, policy, or discretion is involved; or5. A prejudicial error of procedure was committed.C. Each issue shall be plainly and concisely stated and shall be supported by citations to the record when assignments of error are based on the record, and by statutes, regulations, cases, or other principal authorities relied upon. Except for good cause shown, no assignment of error by any party shall rely on any question of fact or law not presented to the Adjudicator.D. A statement in opposition to the petition for review may be filed within thirty (30) days after the date on which petitions are due.E. Review by SCIAA shall not be a matter of right but within the sound discretion of SCIAA. A petition not granted within ninety (90) days after the issuance of the Adjudicator's decision is deemed denied.F. SCIAA, at any time within forty-five (45) days after the issuance of the Adjudicator's decision, may review the decision on its own motion. Where SCIAA, by regulation or order, provides for the issuance of a recommended decision, no petition for review is required.G. A petition for review under this section is, under S.C. Code Ann. Section 1-23-380, a prerequisite to the seeking of judicial review of the final agency action. The effect of filing a petition for review does not stay an agency decision, in accordance with Section 1-23-380.S.C. Code Regs. § 9-100.410
Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.