S.C. Code Regs. 67-705 - Briefs, Filing and Service
A. On
each case appealed to the Commission for review, the appellant shall file a
brief that includes a statement of the case, questions presented, argument, and
conclusion.
B. The appellant shall
file the brief and proof of service on the opposing party with the Commission's
Judicial Department according to R.67-205
on or before the date on the Form 31.
C. The respondent may file a brief and proof
of service on the opposing party with the Judicial Department within fifteen
days of service of the appellant's brief.
D. The appellant may file a reply brief and
proof of service with the Judicial Department within ten days of service of the
respondent's brief.
E. No further
briefs are permitted unless requested by the Commission.
F. The original and three copies of the brief
must be filed when a three member Commission panel reviews the case as
indicated on the review hearing notice. The original and six copies of the
brief must be filed when a six member Commission panel reviews the case as
indicated on the review hearing notice.
G. Serve the briefs pursuant to
R.67-211.
If the claimant is representing himself or herself, the Judicial Department
prepares the additional copies of the brief and serves the brief on the
opposing party.
H. With the consent
of the opposing party, the time for filing a brief may be extended if a letter
acknowledging the agreement is filed with the Commission on or before the
original filing date.
(1) All briefs must be
filed at least five days before the scheduled date for review. The Commission
will exclude from consideration a brief filed later than five days before the
scheduled review.
(2) The party
extending the time for filing a brief shall file with the Judicial Department a
copy of the agreement. The agreement must state the date the brief is
due.
(3) If the appellant fails to
file a brief within ten days of receipt of the Form 31, the Judicial Department
may remove the case from the review hearing docket by issuing an administrative
order dismissing the appeal.
(4) An
appeal administratively dismissed by the Judicial Department may be reinstated
for a good cause upon motion to the Commission.
(a) A motion to reinstate the appeal must be
filed with the Commission and served on all parties no later than thirty days
from the date of service of the administrative order dismissing the
appeal.
(b) The motion will be
heard by the Full Commission without oral argument or appearance of the
party.
(c) If the case is
reinstated, the Commission may impose against the appellant costs up to two
hundred fifty dollars.
Notes
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