S.C. Code Regs. 19-718.09 - APPELLATE REVIEW OF ANY FINAL DECISION
Either party may seek appellate review to the Administrative Law Court from a final decision by the State Human Resources Director denying an appeal or by the State Employee Grievance Committee or mediator-arbitrator.
A. A notice of
appeal seeking appellate review to the Administrative Law Court must be
initiated within 30 calendar days from receipt of the decision.
B. A notice of appeal seeking appellate
review of the final decision may be made by the covered employee to the
Administrative Law Court as provided in Sections
1-23-380(B)
and
1-23-600(D)
of the South Carolina Code of Laws.
C. Only after an agency submits a written
request to OHR seeking approval of the Budget and Control Board may the agency
file a notice of appeal seeking appellate review to the Administrative Law
Court. However, the agency may perfect the appeal only upon approval of the
Board.
D. The covered employee or
the agency who first files the notice of appeal seeking appellate review of a
Committee decision is responsible for preparation of a transcript and paying
the costs of preparation of a transcript of the hearing required for
certification of the record to the Administrative Law Court.
E. The record for appellate review of a
decision made by a mediator-arbitrator shall be limited to the documents which
have been submitted by each party and the final written decision of the
mediator-arbitrator.
F. The covered
employee or the agency who first files the notice of appeal seeking appellate
review of a final decision by (1) the State Human Resources Director denying an
appeal; (2) the State Employee Grievance Committee; (3) a mediator-arbitrator,
is responsible for any costs associated with providing the certification of
record for the Administrative Law Court.
G. Neither the Board nor OHR nor the State
Human Resources Director nor the Committee nor the mediator-arbitrator may be
named in the notice of appeal to the Administrative Law Court to be allowed to
intervene to participate in the appeal for appropriate reasons including their
interest in defending their policies.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.