Upon assignment of a case, the administrative law judge shall rule on all motions, preside at the contested case hearing, rule on the admissibility of evidence, require the parties to submit briefs when appropriate, issue orders and rulings to insure the orderly conduct of the proceedings and issue the final order.
The administrative law judge, upon being assigned a contested case, shall review the request for a contested case hearing and determine the procedure appropriate to the complexity of the issues presented and the types of proof likely to be introduced so that the matter may be fully and fairly presented without unnecessary burden on either the agency or individuals involved in the hearing. The administrative law judge may limit the pre-hearing procedures and simplify the pre-hearing exchange of materials and otherwise take such reasonable measures so that the burdens of procedure do not unfairly prevent the presentation of the facts.
2009 Revised Notes
The statutory authority of the Court encompasses a wide range of administrative actions from the very simple review of hunting and fishing license revocations to complex environmental cases. This section provides specific direction to the administrative law judge to review the case and limit the pre-hearing procedures if they are unnecessary to a full development of the case. The administrative law judge, through the scheduling conference, which can be held by telephone, can consider the comments of the parties and then issue an appropriate order defining the pre-hearing procedures.
A. Place of Filing. A request for a contested case hearing, accompanied by a filing fee as provided in Rule 71, must be filed with the clerk of the Court.
B. Service of Copies of the Request. A copy of the request must also be served on each party and on the affected agency or county official, in accordance with Rule 5. Proof of service must be included with the request.
C. Time for Filing. Unless otherwise provided by statute, a request must be filed and served within thirty (30) days after actual or constructive notice of the agency's determination. However, if the requesting party has not received actual or constructive notice of the agency's determination within thirty days of its issuance, no request shall be filed more than ninety (90) days after the date of the issuance of the order or determination unless the administrative law judge assigned to the case finds that substantial cause exists for allowing the filing beyond the ninety (90) day period.
D. Content of the Request. The request may be submitted on a form prescribed by the Court and shall contain the following information:
1. The name, address, telephone number and e-mail address of the party requesting the hearing and the issue(s) for which the hearing is requested;
2. The caption or other information sufficient to identify the decision, order, letter, determination, action or inaction which is the subject of the hearing;
3. A copy of the written agency decision, order, letter or determination, if any, which gave rise to the request;
4. The relief requested.
E. Incomplete Requests. Any request which is incomplete or not in compliance with this rule or Rule 71 will not be assigned to an administrative law judge until all required information is received and the filing fee is processed.
2014 Revised Notes
The request for a contested case hearing contains basic information so that the matter may be identified. The request must be filed directly with the clerk of the Court rather than with the affected agency and must include the requesting party's address, telephone number and e-mail address. The request must be accompanied by both a filing fee as provided in Rule 71, and proof of service upon all parties, including the affected agency or county official. The use of an official request form provided by the Court is optional. A copy of the written agency decision must also be included with the request for a hearing.
The thirty-day time period for filing a request for a contested case hearing begins to run when the party filing the request has actual or constructive notice of the agency order or determination. A request based upon failure to receive notice of the agency determination within thirty days of its issuance may not be filed more than 90 days after the date of the agency order or determination, unless for substantial cause shown the administrative law judge allows the filing to be made. For county tax matters and cases arising under the Setoff Debt Collection Act, the request must be filed and served within 30 days of the date of the written decision. A case will not be assigned to an administrative law judge until all information required by the rule, and the filing fee, is received.
2019 Revised Notes
The request for a contested case hearing contains basic information so that the matter may be identified. The request must be filed directly with the clerk of the Court rather than with the affected agency and must include the requesting party's address, telephone number and e-mail address. The request must be accompanied by both a filing fee as provided in Rule 71, and proof of service upon all parties, including the affected agency or county official. The use of an official request form provided by the Court is optional. A copy of the written agency decision must also be included with the request for a hearing. Unless otherwise provided by statute, the thirty-day time period for filing a request for a contested case hearing begins to run when the party filing the request has actual or constructive notice of the agency order or determination. A request based upon failure to receive notice of the agency determination within thirty days of its issuance may not be filed more than 90 days after the date of the agency order or determination, unless for substantial cause shown the administrative law judge allows the filing to be made. A case will not be assigned to an administrative law judge until all information required by the rule, and the filing fee, is received.
The agency requesting a contested case hearing or receiving a notice of a request for a contested case hearing from a party shall, within ten (10) working days of the date of the notice of assignment of the case to an administrative law judge, file with the clerk of the Court and serve upon all parties an information sheet on the form prescribed by the Court, containing the following information:
A. the name of the affected agency, along with the name, telephone number, and e-mail address of the contact person in the agency responsible for the matter;
B. the name or title of the agency proceeding and the file number or any other identifying information of the agency action or inaction that is the subject of the hearing, and a copy of the written agency decision, if any, which gave rise to the request for a hearing;
C. the names, addresses, telephone numbers and e-mail addresses of all known parties, and their attorneys or authorized representatives;
D. the names, addresses and telephone numbers, if known, of any persons who have exercised their legal right to object to the issuance of a permit or license.
If the agency fails to file the requested materials with the Court within ten working days, the party requesting the hearing may move before the presiding administrative law judge for an order directing the agency to respond forthwith.
2013 Revised Notes
Within ten working days from the date of the notice of assignment to an administrative law judge, the agency must file with the Court and serve upon all parties an agency information sheet on the form prescribed by the Court, containing the information formerly submitted in the agency transmittal form. The agency information sheet must include the e-mail addresses of the agency's contact person, as well as the e-mail addresses of known parties and their representatives. A copy of the written agency decision must be included with the agency information sheet. If the agency fails to comply with this Rule, the party requesting the hearing may move for an order compelling the agency to respond.
Upon receipt of the request for contested case hearing and filing fee the case shall be assigned to an administrative law judge as provided in S.C. Code Ann. §1-23-570 (1976) (as amended).
2009 Revised Notes
The request for a contested case hearing and filing fee must be received before a contested case is assigned to an administrative law judge. Once a case is assigned to a judge, that judge will be responsible for all decisions in the case.
Upon receipt of the request for...
