South Carolina General Assembly
110th Session, 1993-1994

Bill 4794


                    Current Status
Introducing Body:               House
Bill Number:                    4794
Ratification Number:            605
Act Number:                     452
Primary Sponsor:                Hodges
Type of Legislation:            GB
Subject:                        Administrative Law Judge
Date Bill Passed both Bodies:   19940602
Computer Document Number:       GJK/20407SD.94
Governor's Action:              S
Date of Governor's Action:      19940616
Introduced Date:                19940222
Date of Last Amendment:         19940602
Last History Body:              ------
Last History Date:              19940616
Last History Type:              Act No. 452
Scope of Legislation:           Statewide
All Sponsors:                   Hodges
                                Sheheen
                                Jennings
                                Harrison
                                Huff
                                Martin
                                J. Wilder
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
4794   ------  19940616      Act No. 452
4794   ------  19940616      Signed by Governor
4794   ------  19940602      Ratified R 605
4794   House   19940602      Ordered enrolled for
                             ratification
4794   Senate  19940602      Free Conference Committee       99
                             Report received, adopted
4794   Senate  19940602      Free Conference Powers          99   Moore
                             granted, appointed Senators          Stilwell
                             to Committee of Free                 Washington
                             Conference
4794   House   19940602      Free Conference Committee       99
                             Report received, adopted
4794   House   19940602      Free Conference Powers          99   Jennings
                             granted, appointed Reps. to          Martin
                             Committee of Free Conference         Hodges
4794   House   19940525      Appointed to Conference         98   Hodges
                             Committee in lieu of Rep.
                             Harrison
4794   House   19940524      Conference powers granted,      98   Jennings
                             appointed Reps. to Committee         Martin
                             of Conference                        Harrison
4794   Senate  19940519      Conference powers granted,      98   Moore
                             appointed Senators to                Stilwell
                             Committee of Conference              Washington
4794   Senate  19940519      Insists upon amendment
4794   House   19940518      Non-concurrence in Senate
                             amendment
4794   House   19940510      Debate adjourned on Senate
                             amendments until Tuesday, May
                             17, 1994
4794   Senate  19940427      Amended, read third time,
                             returned to House with
                             amendments
4794   Senate  19940426      Amended, read second time
4794   Senate  19940421      Committee Report: Favorable     11
                             with amendment
4794   Senate  19940330      Introduced, read first time,    11
                             referred to Committee
4794   House   19940329      Read third time, sent to
                             Senate
4794   House   19940324      Amended, read second time
4794   House   19940222      Introduced, read first time,
                             placed on Calendar without
                             reference
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A452, R605, H4794)

AN ACT TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; AND TO EXEMPT THOSE MATTERS FROM THE DIVISION WHICH ARE OTHERWISE PROVIDED FOR IN TITLE 56, OR THOSE OTHER CASES OR HEARINGS WHICH ARE PRESCRIBED FOR OR MANDATED BY FEDERAL LAW OR REGULATION, UNLESS SPECIFICALLY ASSIGNED TO THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 1-23-650, RELATING TO RULES GOVERNING THE INTERNAL ADMINISTRATION AND OPERATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE PROPOSED BY THE CHIEF JUDGE OF THE DIVISION AND ADOPTED BY A MAJORITY OF THE JUDGES OF THE DIVISION, OR PROPOSED BY ANY JUDGE OF THE DIVISION AND ADOPTED BY SEVENTY-FIVE PERCENT OF THE JUDGES OF THE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED, SO AS TO PROVIDE THAT RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION WHICH ARE CONSISTENT WITH THE RULES OF PROCEDURE GOVERNING CIVIL ACTIONS IN COURTS OF COMMON PLEAS AND NOT OTHERWISE EXPRESSED IN CHAPTER 23 OF TITLE 1 OF THE 1976 CODE SHALL UPON APPROVAL BY A MAJORITY OF THE JUDGES OF THE DIVISION BE PROMULGATED BY THE DIVISION, AND SHALL BE SUBJECT TO REVIEW AS ARE RULES OF PROCEDURE PROMULGATED BY THE SUPREME COURT UNDER ARTICLE V OF THE CONSTITUTION, AND SO AS TO PROVIDE THAT THE DIVISION SHALL ADOPT THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE AS ITS TEMPORARY RULES OF PROCEDURE TO REMAIN IN EFFECT UNTIL PERMANENT RULES ARE PROMULGATED; SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS; SECTION 1-23-640, AS AMENDED, RELATING TO THE LOCATION WHERE THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL HEAR CONTESTED CASES, SO AS TO PROVIDE THAT THE DIVISION SHALL HEAR CASES AT ITS OFFICES OR AT OTHER LOCATIONS AS DETERMINED BY THE CHIEF JUDGE; SECTION 8-11-260, RELATING TO THE STATE EMPLOYEE PERSONNEL ADMINISTRATION SYSTEM, SO AS TO EXEMPT THE JUDGES, OFFICERS, AND EMPLOYEES OF THE ADMINISTRATIVE LAW JUDGE DIVISION; SECTION 8-17-370, RELATING TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT THE JUDGES, OFFICERS, AND EMPLOYEES OF THE ADMINISTRATIVE LAW JUDGE DIVISION; AND SECTION 1-23-500, AS AMENDED, RELATING TO THE CREATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO DIRECT THE JUDICIAL COUNCIL TO STUDY THE FEASIBILITY AND CONSTITUTIONALITY OF MAKING THE ADMINISTRATIVE LAW JUDGE DIVISION A PART OF THE UNIFIED JUDICIAL SYSTEM, AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY AND THE CHIEF JUSTICE OF THE SUPREME COURT BY JANUARY 15, 1995.

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

Cases heard

SECTION 1. Section 1-23-600(E) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"(E) Notwithstanding the other provisions of this section, cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of this article."

Rules

SECTION 2. Section 1-23-650 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"Section 1-23-650. Rules governing the internal administration and operations of the Administrative Law Judge Division shall be:

(1) proposed by the chief judge of the division and adopted by a majority of the judges of the division; or

(2) proposed by any judge of the division and adopted by seventy-five percent of the judges of the division.

Each administrative law judge may appoint, hire, contract, and supervise the support staff he is individually allotted pursuant to Section 1-23-580(B). Rules governing practice and procedure before the division which are:

(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and

(2) not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code;

shall upon approval by a majority of the judges of the division be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution; provided, however, the division shall adopt the South Carolina Rules of Civil Procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."

Hearing officers

SECTION 3. Section 61-1-10(B) of the 1976 Code, as last amended by Section 1582 of Act 181 of 1993, is further amended to read:

"(B) Notwithstanding the other provisions of law, in cases involving applications protested or administrative violations written before May 1, 1994, the commissioners of the Department of Revenue and Taxation, in consultation with the South Carolina Attorney General, shall appoint attorneys who are qualified to act as alcoholic beverage control hearing officers, by reason of training, education, experience, or knowledge of the law. In order to be considered qualified to act as a hearing officer, a person:

(1) must be licensed to practice law in this State;

(2) must have been licensed to practice law for at least three years;

(3) must have knowledge of and experience with the South Carolina Administrative Procedures Act;

(4) must have knowledge of and experience with the laws and regulations governing alcoholic beverages, beer, and wine;

(5) must have trial experience;

(6) must meet other qualifications the department and the Attorney General determine reasonably necessary for the proper administration of the laws and regulations governing alcoholic beverages, beer, and wine."

Assignment of cases

SECTION 4. Section 61-1-55 of the 1976 Code, as added by Section 1582 of Act 181 of 1993, is amended to read:

"Section 61-1-55. Notwithstanding any other provisions of law, cases initiated under Section 61-1-20 before May 1, 1994, to which an administrative law judge would be assigned shall be heard by a hearing officer with the powers, duties, and responsibilities as enumerated in Sections 61-1-10, 61-1-20, 61-1-25, 61-1-30, 61-1-40, and 61-1-50. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of Chapter 23 of Title 1. Effective May 1, 1994, the provisions of Sections 61-1-10(A)(4), 61-1-10(B), (C), and (D), 61-1-20, 61-1-25, 61-1-30, 61-1-40, and 61-1-50 are repealed."

Matters exempt

SECTION 5. Section 1-23-600(B) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"(B) An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administration Law Judge Division."

Location of hearings

SECTION 6. Section 1-23-640 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"Section 1-23-640. The division shall maintain its principal offices in the City of Columbia. However, judges of the division shall hear contested cases at the offices or location of the involved department or commission as prescribed by the agency or commission, at the division's offices, or at suitable locations outside the City of Columbia as determined by the chief judge."

Personnel exempt

SECTION 7. Section 8-11-260(d) of the 1976 Code is amended to read:

"(d) all judges within the unified court system, all officers and employees of the judicial department, all employees of the Commission on Prosecution Coordination, and all judges, officers, and employees of the Administrative Law Judge Division;"

Personnel exempt

SECTION 8. Section 8-17-370(4) of the 1976 Code is amended to read:

"(4) Supreme Court justices, circuit court judges, referees, receivers, magistrates, jurors, or masters-in-equity, and all employees of the Commission on Prosecution Coordination, and the judges, officers, and employees of the Administrative Law Judge Division;"

Feasibility study

SECTION 9. Section 1-23-500 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-500. (A) There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the government of this State. Effective March 1, 1994, the division shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state employees retirement system.

(B) The Judicial Council is hereby directed to study the feasibility and constitutionality of making the South Carolina Administrative Law Judge Division a part of the unified judicial system established under Article V of the South Carolina Constitution and shall present a report of its study to the General Assembly and the Chief Justice of the Supreme Court by January 15, 1995."

Time effective

SECTION 10. This act takes effect upon approval by the Governor.

Approved the 16th day of June, 1994.