S.C. R. P. Admin. Law. Ct. 47

As amended through November 6, 2024
Rule 47 - Order of Proceedings

All hearings held pursuant to S.C. Code Ann. § 1-23-111 (1976) (as amended) shall proceed substantially in the following manner:

A. Registration of Participants. persons intending to present evidence or ask questions shall register with the administrative law judge before the hearing begins by legibly printing their names, addresses, telephone numbers, and names of any individuals or associations that the person represents on a register provided by the administrative law judge.
B. Notice of Procedure. The administrative law judge shall convene the hearing at the proper time, and shall explain to all persons present the purpose of the hearing and the procedure to be followed at the hearing so that all persons are treated fairly and impartially. The administrative law judge may impose time limitations on testimony by the agency or interested persons. The administrative law judge also shall announce when the record of the hearing is to be closed, and in its discretion may permit the filing of additional written statements and materials within five (5) days after the hearing. The time period may be extended in the discretion of the administrative law judge, but not later than twenty (20) days after the hearing ends.
C. Agency Presentation. The agency representatives will identify themselves and the witnesses expected to testify on the agency's behalf for the record, and make available copies of the proposed regulation at the hearing. The agency shall make its showing of the need for and the reasonableness of the regulation, and shall present any other evidence it considers necessary to fulfill all statutory or regulatory requirements. The agency may rely on its pre-filed Statement of Need and Reasonableness to satisfy its burden, and it may also present oral evidence.
D. Opportunity for Questions. Interested persons shall be given an opportunity to address questions to the agency representatives or witnesses or to interested persons making oral statements. Agency representatives may question interested persons making oral statements. Questioning may extend to the proposed regulations or a suggested modification, or may be conducted for other purposes, if material to the evaluation or formulation of the proposed regulations.
E. Opportunity for Presenting Statements and Evidence. Interested persons shall be given an opportunity to present oral and written statements and evidence regarding the proposed regulations.
F. Questioning by Administrative Law Judge. The administrative law judge may question all persons, including the agency representatives.
G. Further Agency Evidence. The agency may present any further evidence that it considers appropriate in response to statements made by interested persons. Upon presentation by the agency, interested persons may respond thereto.
H. Receipt of Written Materials. The administrative law judge may permit any interested person to submit written materials after the close of oral testimony on such terms and conditions as permit all parties an opportunity to comment on subsequent submissions.

S.C. R. P. Admin. Law. Ct. 47