South Carolina General Assembly
116th Session, 2005-2006

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H. 4517

STATUS INFORMATION

General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\nbd\12054ac06.doc
Companion/Similar bill(s): 962

Introduced in the House on January 25, 2006
Introduced in the Senate on March 9, 2006
Last Amended on March 8, 2006
Currently residing in the Senate Committee on Judiciary

Summary: Court of Appeals jurisdiction

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/25/2006  House   Introduced and read first time HJ-44
   1/25/2006  House   Referred to Committee on Judiciary HJ-45
    3/7/2006  House   Committee report: Favorable with amendment Judiciary HJ-2
    3/8/2006  House   Amended HJ-24
    3/8/2006  House   Read second time HJ-25
    3/9/2006  House   Read third time and sent to Senate HJ-14
    3/9/2006  Senate  Introduced and read first time SJ-7
    3/9/2006  Senate  Referred to Committee on Judiciary SJ-7
    3/9/2006  Senate  Referred to Subcommittee: Moore (ch), Ford, Mescher, 
                        Rankin, Scott

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/25/2006
3/7/2006
3/8/2006

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 8, 2006

H. 4517

Introduced by Rep. Harrison

S. Printed 3/8/06--H.

Read the first time January 25, 2006.

            

A BILL

TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE LAW COURT HEARINGS AND PROCEEDINGS, SO AS TO DELETE THE EXCEPTION PROVIDING THAT CONTESTED CASES ARISING UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT ARE NOT TO BE HEARD BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO INCLUDE IN ITS JURISDICTION A FINAL DECISION OF AN AGENCY OR OF AN ADMINISTRATIVE LAW JUDGE IF PROVIDED BY LAW; TO AMEND SECTION 41-15-310, AS AMENDED, RELATING TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION HEARING OCCUPATIONAL HEALTH AND SAFETY CONTESTED CASES, SO AS TO PROVIDE THAT A PARTY AGGRIEVED BY A CITATION, PENALTY, OR ABATEMENT ISSUED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR MAY REQUEST A CONTESTED CASE HEARING BEFORE THE ADMINISTRATIVE LAW COURT IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AND TO PROVIDE PROCEDURES FOR APPEARING IN AND APPEALING SUCH CASES; AND TO REPEAL ARTICLE 6, CHAPTER 15, TITLE 41, RELATING TO THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.

Amend Title To Conform

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

SECTION    1.    Section 1-23-600(B) of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:

"(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."

SECTION    2.    Section 41-15-310 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations as may be necessary to establish a procedure for administrative review before the Commissioner or his authorized representative or representatives for any employer or employee or employee's representative affected or aggrieved by (1) any act of the Commissioner, (2) any citation issued by the Commissioner, (3) any penalty assessed by the Commissioner, or (4) any period of abatement set by the Commissioner.

Any employer, employee or their representatives has the right to appear as a party in any review proceedings before the Commissioner or his authorized representative or representatives by giving written notice to the Director of the Department of Labor, Licensing, and Regulation or his designee within twenty days of the act or receipt of citation, or notice of the penalty or period of abatement.

Within a reasonable time, the Commissioner shall make and serve in writing, upon each party, his decision, which becomes final upon the thirtieth day after service thereof.

Any employer or employee or their representative or representatives aggrieved by any order or findings of the Commissioner may obtain a review of the order or findings by petitioning the court of common pleas in the county where the employer maintains his principal place of business or where the violation is alleged to have occurred for a review of the order or findings by proper service upon the Director of the Department of Labor, Licensing, and Regulation or his designee within thirty days after service upon the party of the decision of the Commissioner. The commencement of proceedings under this section shall not, unless ordered by the court, operate as a stay of the order of the Commissioner. No objection that has not been urged before the Commissioner shall be considered by the court.

Notwithstanding the above provisions of this section, on October 1, 1983, or such later time as the South Carolina Occupational Health and Safety Review Board is duly constituted, the Director of the Department of Labor, Licensing, and Regulation or his designee shall cease to provide administrative review pursuant to this section. All matters pending before the Director of the Department of Labor, Licensing, and Regulation or his designee pursuant to this section and the regulations hereunder shall be transferred to the South Carolina Occupational Safety and Health Review Board on October 1, 1983, or such later time as it is duly constituted.    (A)    Within thirty days after receipt of a citation, notice of penalty, or notice of abatement issued by the Division of Labor pursuant to the authority of this chapter, any aggrieved party may request a contested case hearing before the Administrative Law Court in accordance with Articles 3 and 5 of Chapter 23, Title 1 and the Rules of the Administrative Law Court. The parties to the contested case are the Division of Labor and any aggrieved employer, employee, or employee representative who requests a contested case hearing.

(B)    Hearings must be conducted according to the rules of the Administrative Law Court.

(C)    A party aggrieved by the decision of the Administrative Law Court may appeal the decision as provided in Section 1-23-380 and 1-23-61.

(D)    An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a contested case before the Administrative Law Court pursuant to this section, but may appear by an officer or an employee.

(E)    All matters pending before the South Carolina Occupational Safety and Health Review Board on the effective date of this act must be transferred to the Administrative Law Court for adjudication, and the South Carolina Occupational Safety and Health Review Board shall no longer provide administrative review."

SECTION    3.    Article 6, Chapter 15, Title 41 of the 1976 Code is repealed.

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

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