S.C. Code Regs. 71-4910 - Procedure for Hearing Contested Notices of Non-Compliance and Assessments of Penalty
1. Any owner to
whom a Notice of Non-Compliance or Notice of Proposed Penalty has been issued
may serve a Notice of Protest upon the Commissioner within thirty (30) days of
the receipt by the owner of the Notice of Non-Compliance or of the Notice of
Proposed Penalty.
2. Notice of
Hearing
A. Service: Upon receipt of a Notice
of Protest or any Notice of Non-Compliance by any owner of any amusement
device, the Commissioner shall serve notice of a hearing to be held to
determine the issues.
B. Contests:
The notice of hearing shall include:
(1)
Time, place, and nature of the hearing. The time shall be at least thirty (30)
days from the service of notice of hearing unless the owner shall ask in
writing for a shorter time;
(2) A
short statement of the issues involved; and
(3) Designation of the representative of the
Commissioner who shall conduct the hearing as Hearing Examiner.
3. Hearing Procedure
A. The Hearing Examiner will explain briefly
the purpose and nature of the hearing, will ascertain who will present the case
for each of the parties, and will hear all preliminary matters.
B. All persons who give testimony shall be
sworn.
C. A party shall be entitled
to present all relevant facts by oral or documentary evidence or by affidavit
if the parties so agree.
D.
Opposing parties shall have the right to cross-examine any witness whose
testimony is introduced.
E. A
business entity which owns an amusement device may be represented at any
hearing by an attorney licensed to practice in South Carolina, or by an officer
or employee of the entity.
4. Within a reasonable time after the Hearing
Examiner has heard all evidence and considered any written briefs or memoranda
submitted, he shall make a written recommendation to the Commissioner. The
Commissioner shall then make his final disposition of the proceedings and shall
serve it upon all parties.
5. The
Commissioner of Labor shall maintain a record of the proceedings which shall
include testimony and exhibits.
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.