Rule 45 - Documents to be Pre-Filed with CourtAt least ten (10) days before the date scheduled for the hearing, the agency shall file a statement confirming whether or not there is a need for a hearing as required by S.C. Code Ann. § 1-23-110 (1976) (as amended) on the basis that a request for a hearing was made by twenty-five (25) persons, a governmental subdivision or agency, or an association having not less than twenty-five (25) members.
A. Agency Statement of Need and Reasonableness. An agency desiring to adopt a regulation shall prepare and pre-file not later than ten (10) days before the date scheduled for the hearing, the full text of the proposed regulation, and a statement of need and reasonableness that contains a summary of anticipated evidence and argument to be presented by the agency at the hearing. The statement shall include citations to any statutes or case law, citations to any economic, scientific, or other manuals or treatises, and a list of any witnesses to be called by the agency to testify on its behalf with a summary of their anticipated testimony. The statement may contain evidence and argument in rebuttal of evidence and argument presented by the public.B. Other Pre-Filed Documents. At the time the agency confirms the hearing, it also shall file a copy of the State Register containing the Notice; all materials received by the agency during the initial drafting period; a list of the agency personnel who will represent the agency at the hearing; a list of all persons who contacted the agency orally or in writing regarding the proposed regulation; and, a list of all persons expected to testify or present evidence at the hearing. S.C. R. P. Admin. Law. Ct. 45
2013 Note
Rule 45 was amended to provide that an agency proposing regulations must notify the Court whether a hearing is needed or not.