S.C. Code Regs. 28-24 - Rehearing and Review
A. Time for Filing:
Petitions for rehearing must be filed by a party within twenty (20) days after
being served with a copy of the order or decision.
B. Detail of Petition: The petition for
rehearing shall set forth specifically and in detail the particulars in which
it is claimed the Administrator's order or decision is unlawful, unreasonable,
or unfair. If the petition for rehearing is based upon a claim that the
Administrator failed to consider certain evidence, such petition shall include
an abstract of that evidence relied upon by the petitioner.
C. Petition Based on New Evidence: The
petition may be based upon newly discovered evidence. When such ground is used,
the petition shall be accompanied by an affidavit setting forth the nature and
extent of such evidence, its relevancy to the issues involved, and a statement
that the party could not, with reasonable diligence, have discovered the
evidence prior to the former hearing.
D. Action on Petition: Upon the filing of a
petition for rehearing, the Administrator may set a time for the hearing of
said petition, or may summarily grant or deny said petition in whole or in
part.
E. Rehearings Limited: If an
order is made granting the petition for rehearing, it shall be limited to the
matter specified in such order. Upon rehearing of any proceeding the
Administrator may confirm his former judgment or abrogate, change, or modify
the same in any particular. Such order and decision shall have the same force
and effect as the original order and decision, but shall not affect any right
or the enforcement of any right arising out of or by virtue of the original
order and decision unless so ordered by the Administrator.
F. Judicial Review:
(1) A person who has exhausted all the
administrative remedies available before the Administrator and who is aggrieved
by a final decision in a contested case is entitled to judicial
review.
(2) Judicial review shall
be conducted pursuant and subject to the Administrative Procedures Act, (as
amended).
Notes
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