S.C. Code Regs. § § 9-100.240

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

Section 9-100.240 - Settlement; Alternative Dispute Resolution

A. Availability. The parties shall have the opportunity to submit a settlement to the Adjudicator or submit a request for alternative dispute resolution under section D.

B. Form. A settlement shall be in the form of a proposed settlement agreement, a consent order, and a motion for its entry, which shall include the reasons why it should be accepted and shall be signed by the consenting parties or their authorized representatives.

C. Content of Settlement Agreement. The proposed settlement agreement shall contain the following:

1. An admission of all jurisdictional facts;

2. An express waiver of further procedural steps before the Adjudicator or SCIAA, of any right to challenge or contest the validity of the order entered into in accordance with the agreement, and of all rights to seek judicial review or otherwise to contest the validity of the consent order;

3. A statement that the order shall have the same force and effect as an order made after full hearing; and

4. A statement that matters in the pleading, if any, required to be adjudicated have been resolved by the proposed settlement agreement and consent order.

D. Settlement Adjudicator; Alternative Dispute Resolution.

1. The Adjudicator, upon motion of a party or upon her/his own motion, may request the Director of SCIAA to appoint another Adjudicator to conduct settlement negotiations or remit the proceeding to alternative dispute resolution as SCIAA may provide or to which the parties may agree.

The order appointing the Settlement Adjudicator may confine the scope of settlement negotiations to specified issues. The order shall direct the Settlement Adjudicator to report to the Director of SCIAA at specified time periods.

2. If a Settlement Adjudicator is appointed, (s)he shall:

a. convene and preside over conferences and settlement negotiations between the parties and assess the practicalities of a potential settlement,

b. report to the Director of SCIAA describing the status of the settlement negotiations and recommending the termination or continuation of the settlement negotiations, and

c. not discuss the merits of the case with the Director of SCIAA or any other person, or appear as a witness in the case.

3. Settlement negotiations conducted by the Settlement Adjudicator shall terminate upon the order of the Director of SCIAA issued after consultation with the Settlement Adjudicator.

4. No decision concerning the appointment of a Settlement Adjudicator or the termination of the settlement negotiation is subject to review by, appeal to, or rehearing by the Adjudicator or SCIAA.

E. The Adjudicator (or Settlement Adjudicator) may require that the attorney or other representative who is expected to try the case for each party be present and that the parties, or agents having full settlement authority, also be present or available by telephone.

F. No evidence, statements, or conduct in settlement negotiations under this section will be admissible in any subsequent hearing, except by stipulation of the parties. Documents disclosed may not be used in litigation unless obtained through appropriate discovery or subpoena.

G. The Adjudicator (or Settlement Adjudicator) may impose on the parties and persons having an interest in the outcome of the adjudication such other and additional requirements as are necessary for the efficient resolution of the case.

H. The conduct of settlement negotiations shall not unduly delay the hearing.

III. THE HEARING

Comment: The hearing rules deal with scheduling and notice of a hearing, as well as penalties for failure to appear. They outline the rules of evidence to be used in an adjudication, including, but not limited to, admissibility, stipulations, written testimony, exhibits, confidential information and witness fees. They detail where the burden lies in all matters and speak to the closing of the record. This section provides for briefs, closing arguments and lays the groundwork for a proper record of the hearing and the decision of the adjudicator.

S.C. Code Regs. § 9-100.240

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