S.C. Code Regs. 8-619 - Appeal Procedures

(1) Any person or organization aggrieved by the application of these regulations may initiate an appeal by writing to the Council within thirty (30) days following the date of action upon which the appeal is based. The request shall contain:

(a) the name and address of appellant; and

(b) the names and addresses of all other persons involved; and

(c) a summary of the action from which the appeal is taken; and

(d) the grounds of disagreement with the action from which the appeal is taken; and

(e) a statement that the appellant desires a hearing or decision based on written arguments and documents submitted; and

(f) the signature of the appellant or responsible officer if the appellant is an organization; and

(g) additional documents as the appellant may consider pertinent.

(2) Call of meeting. Upon receipt of a request, the Department shall call a meeting of the Council to be held within forty-five (45) days of the request. The Department shall provide written notice of the time, date, and place of the hearing to the appellant and all persons indicated in the request.

(3) Evidence. Technical rules of evidence shall not be applicable and all relevant evidence of reasonable value may be received.

(4) Ruling. A ruling of the Council shall require a majority vote of the members present. A record of the meeting, stating the Council's ruling and reasons therefore, shall be maintained for public review.

(5) Notification of ruling. The Department shall notify the appellant of the ruling within ten (10) days of the decision of the Council.

Notes

S.C. Code Regs. 8-619

Added by State Register Volume 32, Issue No. 6, eff June 27, 2008; State Register Volume 37, Issue No. 5, eff May 24, 2013.