Rule 11 - Request for a Contested Case HearingA. Place of Filing. A request for a contested case hearing, accompanied by a filing fee as provided in Rule 71, must be filed with the clerk of the Court.B. Service of Copies of the Request. A copy of the request must also be served on each party and on the affected agency or county official, in accordance with Rule 5. Proof of service must be included with the request.C. Time for Filing. Unless otherwise provided by statute, a request must be filed and served within thirty (30) days after actual or constructive notice of the agency's determination. However, if the requesting party has not received actual or constructive notice of the agency's determination within thirty days of its issuance, no request shall be filed more than ninety (90) days after the date of the issuance of the order or determination unless the administrative law judge assigned to the case finds that substantial cause exists for allowing the filing beyond the ninety (90) day period.D. Content of the Request. The request may be submitted on a form prescribed by the Court and shall contain the following information: 1. The name, address, telephone number and e-mail address of the party requesting the hearing and the issue(s) for which the hearing is requested;2. A copy of the written agency decision, order, letter or determination, if any, which gave rise to the request. If no written decision, order, letter or determination has been issued, the request must provide any other information sufficient to identify the decision, order, letter, determination, action or inaction which is the subject of the hearing;E. Incomplete Requests. Any request which is incomplete or not in compliance with this rule or Rule 71 will not be assigned to an administrative law judge until all required information is received and the filing fee is processed.S.C. R. P. Admin. Law. Ct. 11
Amended effective 4/18/2022.2022 Revised Notes
The request for a contested case hearing contains basic information so that the matter may be identified. The request must be filed directly with the clerk of the Court rather than with the affected agency and must include the requesting party's address, telephone number and e-mail address. The request must be accompanied by both a filing fee as provided in Rule 71, and proof of service upon all parties, including the affected agency or county official. The use of an official request form provided by the Court is optional. A copy of the written agency decision must also be included with the request for a hearing. Unless otherwise provided by statute, the thirty-day time period for filing a request for a contested case hearing begins to run when the party filing the request has actual or constructive notice of the agency order or determination. The stamping of a document as "FILED" by the ALC staff does not establish that a document was timely filed with the Court. A request based upon failure to receive notice of the agency determination within thirty days of its issuance may not be filed more than 90 days after the date of the agency order or determination, unless for substantial cause shown the administrative law judge allows the filing to be made. A case will not be assigned to an administrative law judge until all information required by the rule, and the filing fee, is received.