South Carolina General Assembly
105th Session, 1983-1984

Bill 250

                    Current Status

Bill Number:               250
Ratification Number:       97
Act Number                 56
Introducing Body:          Senate
Subject:                   State register and code of regulations
                           and administrative procedures
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A56, R97, S250)

AN ACT TO AMEND ACT 176 OF 1977, AS AMENDED, RELATING TO STATE REGISTER AND CODE OF REGULATIONS AND ADMINISTRATIVE PROCEDURES, SO AS TO PROVIDE THAT IN A CONTESTED CASE ALL PARTIES MUST BE AFFORDED AN OPPORTUNITY FOR HEARING AFTER NOTICE OF NOT LESS THAN THIRTY DAYS, EXCEPT IN PROCEEDINGS BEFORE THE EMPLOYMENT SECURITY COMMISSION, WHICH SHALL BE GOVERNED BY SECTION 41-35-680; AND TO AMEND SECTION 41-35-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY BENEFITS AND CLAIMS AND DECISION ON APPEAL, SO AS TO PROVIDE FOR NOTICE OF NOT LESS THAN SEVEN DAYS REGARDING A HEARING BEFORE AN APPEAL TRIBUNAL MAKES FINDINGS AND CONCLUSIONS, AND PROVIDE THAT SUCH APPEAL TRIBUNAL MUST AFFIRM, MODIFY, OR REVERSE A DETERMINATION OR REDETERMINATION WITHIN THIRTY DAYS FROM THE DATE OF SUCH HEARING.

Be it enacted by the General Assembly of the State of South Carolina:

Hearing

SECTION 1. Subsection (a) of Section 2 of Article II of Act 176 of 1977 is amended to read:

"(a) In a contested case, all parties must be

afforded an opportunity for hearing after notice of not less than thirty days, except in proceedings before the Employment Security Commission, which shall be governed by the provisions of Section 41-35-680."

Findings and conclusions must be made

SECTION 2. Section 41-35-680 of the 1976 Code is amended to read:

"Section 41-35-680. Unless an appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for a fair hearing, after notice of not less than seven days, must make findings and conclusions promptly and on the basis thereof affirm, modify, or reverse the determination or redetermination within thirty days from the date of such hearing. Each party must be furnished promptly with a copy of the decision, together with the reasons therefor, which shall be considered to be the final decision of the commission, unless within ten days after the date of mailing or delivery of such decision a further appeal is initiated pursuant to Section 41-35-710."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.