South Carolina General Assembly
115th Session, 2003-2004

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A202, R252, H3235

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty
Document Path: l:\council\bills\bbm\9341zw03.doc

Introduced in the House on January 14, 2003
Introduced in the Senate on February 18, 2003
Last Amended on April 6, 2004
Passed by the General Assembly on April 14, 2004
Governor's Action: April 26, 2004, Signed

Summary: Administrative Law Judge division, name change; under Judicial Conduct Commission

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/18/2002  House   Prefiled
  12/18/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-96
   1/14/2003  House   Referred to Committee on Judiciary HJ-97
   1/28/2003  House   Member(s) request name added as sponsor: Clemmons
    2/4/2003  House   Member(s) request name added as sponsor: Cotty
   2/12/2003  House   Committee report: Favorable Judiciary HJ-3
   2/13/2003  House   Read second time HJ-14
   2/13/2003  House   Unanimous consent for third reading on next legislative 
                        day HJ-16
   2/13/2003          Scrivener's error corrected
   2/14/2003  House   Read third time and sent to Senate HJ-2
   2/18/2003  Senate  Introduced and read first time SJ-8
   2/18/2003  Senate  Referred to Committee on Judiciary SJ-8
   3/30/2004  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-11
    4/6/2004  Senate  Amended SJ-43
    4/6/2004  Senate  Read second time SJ-43
    4/7/2004          Scrivener's error corrected
    4/7/2004  Senate  Read third time and returned to House with amendments 
                        SJ-17
   4/14/2004  House   Concurred in Senate amendment and enrolled HJ-62
   4/20/2004          Ratified R 252
   4/26/2004          Signed By Governor
    5/3/2004          Copies available
    5/3/2004          Effective date 04/26/04
   5/18/2004          Act No. 202

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/18/2002
2/12/2003
2/13/2003
3/30/2004
4/6/2004
4/7/2004


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

(A202, R252, H3235)

AN ACT TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE AND THAT A PARTY REQUESTING A HEARING WITH THE ADMINISTRATIVE LAW COURT MUST SIMULTANEOUSLY SERVE A COPY OF THE REQUEST ON THE AFFECTED AGENCY, AND TO PROVIDE THAT WHEN THE TERM "ADMINISTRATIVE LAW JUDGE DIVISION" APPEARS IN THE LAW, A REGULATION, OR OTHER DOCUMENT, IT MUST BE CONSTRUED TO MEAN THE "ADMINISTRATIVE LAW COURT".

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

South Carolina Administrative Law Court created

SECTION    1.    Section 1-23-500 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:

"Section 1-23-500.        There is created the South Carolina Administrative Law Court, which is an agency and a court of record within the executive branch of the government of this State. The court shall consist of a total of six administrative law judges. The administrative law judges shall be part of the state employees retirement system."

Hearings and proceedings before the South Carolina Administrative Law Court

SECTION    2.    Section 1-23-600 of the 1976 Code, as last amended by Act 92 of 1995, is further amended to read:

"Section 1-23-600.    (A)    A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony shall be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published, but are available for public inspection unless the confidentiality thereof is allowed or required by law.

(B)    An administrative law judge 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 Administrative Law Court.

(C)    All requests for a hearing before the Administrative Law Court must be filed in accordance with the court's rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.

(D)    An administrative law judge also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation, or as otherwise provided by law, pursuant to Section 1-23-380."

References to Administrative Law Judge Division

SECTION    3.    Wherever the term "Administrative Law Judge Division" appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act.

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 20th day of April, 2004.

Approved the 26th day of April, 2004.

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