The administrative law judge, upon being assigned a contested case, shall review the request for a contested case hearing and determine the procedure appropriate to the complexity of the issues presented and the types of proof likely to be introduced so that the matter may be fully and fairly presented without unnecessary burden on either the agency or individuals involved in the hearing. The administrative law judge may limit the pre-hearing procedures and simplify the pre-hearing exchange of materials and otherwise take such reasonable measures so that the burdens of procedure do not unfairly prevent the presentation of the facts.
S.C. R. P. Admin. Law. Ct. 10
2009 Revised Notes
The statutory authority of the Court encompasses a wide range of administrative actions from the very simple review of hunting and fishing license revocations to complex environmental cases. This section provides specific direction to the administrative law judge to review the case and limit the pre-hearing procedures if they are unnecessary to a full development of the case. The administrative law judge, through the scheduling conference, which can be held by telephone, can consider the comments of the parties and then issue an appropriate order defining the pre-hearing procedures.