Clerical mistakes in orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the administrative law judge at any time of his own initiative or on the motion of any party and after such notice, if any, as the administrative law judge orders. During the pendency of an appeal from the decision of an administrative law judge, leave to correct the mistake must be obtained from the appellate court.
The South Carolina Rules of Civil Procedure and the South Carolina Appellate Court Rules, in contested cases and appeals respectively, may, in the discretion of the presiding administrative law judge, be applied to resolve questions not addressed by these rules.
2014 Revised Notes
In contested cases only, the South Carolina Rules of Civil Procedure may, in the discretion of the presiding administrative law judge, be applied to resolve questions not addressed by these Rules. Furthermore, the South Carolina Appellate Court Rules may be applied in like manner in appellate proceedings only.
2015 Revised Notes
In contested cases only, the South Carolina Rules of Civil Procedure may, in the discretion of the presiding administrative law judge, be applied to resolve questions not addressed by these Rules. Furthermore, the South Carolina Appellate Court Rules may be applied in like manner in appellate proceedings only. The South Carolina Rules of Civil Procedure and the South Carolina Appellate Court Rules do not automatically apply when invoked by a party. Rather, the presiding judge must determine whether to a pply the rules.
Annotations Rule 68
Based on the language of the rule and the accompanying notes, we find that the intent of the ALC in promulgating Rule 68 was to allow the SCRCP to be used to fill in the gaps in the SCRPALC in a contested case before the ALC, and to allow the South Carolina Appellate Court Rules to be used to fill in the gaps in the SCRPALC in an appeal before the ALC. Allen v. S. Carolina Pub. Employee Ben. Auth., 411 S.C. 611, 621, 769 S.E.2d 666 (2015).
Summary judgment is proper where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Alltel Communications, Inc. v. South Carolina Dept. of Revenue, 399 S.C. 313, 316, 731 S.E.2d 869, 870 (2012).
ALC Rule 68 (stating the South Carolina Rules of Civil Procedure may be applied in proceedings before the ALC to resolve questions not addressed by the ALC rules). A reviewing court may reverse the decision of the ALC where it is in violation of a statutory provision or it is affected by an error of law. Media General Communications, Inc. v. SC Dept. of Revenue, 388 S.C. 138, 144, 694 S.E.2d 525, 527-28 (2010).
Rule 59(e), SCRCP, motions are permitted in ALC proceedings. Home Medical Systems, Inc. v. South Carolina Dept. of Revenue, 382 S.C. 556, 563, 677 S.E.2d 582, 586 (2009).
Once the Court acquires jurisdiction of a matter from an agency, the ALC Rules shall govern all procedural aspects of the matter, notwithstanding any other procedural statute, agency regulation or rule.
2014 Revised Notes
Rule 69 provides for situations in which the procedural statutes, regulations, or rules of the agency where the case arose differ from the ALC Rules. As provided in S.C. Code Ann. § 1 -23-650(C), the Rule makes clear that the ALC Rules, rather than the rules of the agency, govern the proceedings once the Court acquires jurisdiction, and that any agency-specific procedural statutes, regulations or rules are inapplicable. Thus, questions of preliminary relief, content and form of prehearing statements, discovery and other procedural matters are resolved exclusively by the ALC Rules.
A. Grounds...
