South Carolina General Assembly
116th Session, 2005-2006

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H. 4985

STATUS INFORMATION

General Bill
Sponsors: Rep. Edge
Document Path: l:\council\bills\ms\7347ahb06.doc

Introduced in the House on April 13, 2006
Currently residing in the House Committee on Judiciary

Summary: Administrative Law Court

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   4/13/2006  House   Introduced and read first time HJ-4
   4/13/2006  House   Referred to Committee on Judiciary HJ-4

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/13/2006

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

A BILL

TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT A REQUEST FOR A CONTESTED CASE HEARING MAY BE FILED NINE MONTHS AFTER AN APPLICATION HAS BEEN FILED WITH AN AGENCY FOR A LICENSE OR PERMIT IF THE AGENCY HAS NOT MADE A DETERMINATION, TO PROVIDE FOR PROCEDURES TO GRANT THE AGENCY AN EXTENSION TO ISSUE A TERMINATION, AND TO PROVIDE A TIME FRAME FOR COMPLETION OF DISCOVERY AND FOR THE CONTESTED CASE HEARING IN CONTESTED CASES INVOLVING THE CERTIFICATE OF NEED PROCESS.

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

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

"(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. Notwithstanding another provision of law, a request for a contested case hearing may be filed nine months after an application has been filed with an agency for a license or permit, if the agency has failed to issue a determination on the application. Upon good cause shown by the agency, the assigned administrative law judge may grant up to a ninety-day extension of time to allow the agency to issue a determination. For contested cases involving certificates of need, the parties must complete discovery within nine months, and a contested case hearing must be held within one year from the later of the date the request for a contested case hearing is filed or a determination is issued by the agency pursuant to an extension of time granted by an administrative law judge pursuant to this subsection."

SECTION    2.    This act takes effect upon approval by the Governor.

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