S.C. Code Regs. § § 9-100.12

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

Section 9-100.12 - Adjudicator: Withdrawal; Disqualification; or Unavailability

A. Withdrawal or Disqualification of Adjudicator.

1. An Adjudicator may at any time disqualify her/himself.

a. Prior to the filing of the Adjudicator's decision, any party may move that the Adjudicator disqualify her/himself on the ground of personal bias or other disqualification, by filing with the Adjudicator promptly upon discovery of the alleged facts an affidavit setting forth in detail the matters alleged to constitute grounds for disqualification.

b. The Adjudicator shall rule upon the motion, stating the grounds therefor. If the Adjudicator concludes that the motion is timely and has merit, the Adjudicator shall forthwith disqualify her/himself and withdraw from the adjudication. If (s)he does not disqualify her/himself and withdraw from the adjudication, (s)he shall proceed with the adjudication, or if the hearing has been concluded, (s)he shall proceed with the issuance of her/his decision.

c. An Adjudicator's denial of a motion for disqualification may be appealed at the conclusion of the proceeding unless the requirements of R. 9-100.400 [Interlocutory Review] are satisfied.

B. Unavailability of Adjudicator. In the event that the Director of SCIAA finds that an Adjudicator is unable to perform the duties of Adjudicator or otherwise becomes unavailable, the Director of SCIAA shall designate another Adjudicator to serve.

S.C. Code Regs. § 9-100.12

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