South Carolina General Assembly
115th Session, 2003-2004
A202, R252, H3235
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty
Document Path: l:\council\bills\bbm\9341zw03.doc
Introduced in the House on January 14, 2003
Introduced in the Senate on February 18, 2003
Last Amended on April 6, 2004
Passed by the General Assembly on April 14, 2004
Governor's Action: April 26, 2004, Signed
Summary: Administrative Law Judge division, name change; under Judicial Conduct Commission
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
12/18/2002HousePrefiled
12/18/2002HouseReferred to Committee on Judiciary
1/14/2003HouseIntroduced and read first time HJ96
1/14/2003HouseReferred to Committee on JudiciaryHJ97
1/28/2003HouseMember(s) request name added as sponsor: Clemmons
2/4/2003HouseMember(s) request name added as sponsor: Cotty
2/12/2003HouseCommittee report: Favorable JudiciaryHJ3
2/13/2003HouseRead second time HJ14
2/13/2003HouseUnanimous consent for third reading on next legislative day HJ16
2/13/2003Scrivener's error corrected
2/14/2003HouseRead third time and sent to Senate HJ2
2/18/2003SenateIntroduced and read first time SJ8
2/18/2003SenateReferred to Committee on JudiciarySJ8
3/30/2004SenateCommittee report: Favorable with amendment JudiciarySJ11
4/6/2004SenateAmended SJ43
4/6/2004SenateRead second time SJ43
4/7/2004Scrivener's error corrected
4/7/2004SenateRead third time and returned to House with amendments SJ17
4/14/2004HouseConcurred in Senate amendment and enrolled HJ62
4/20/2004Ratified R 252
4/26/2004Signed By Governor
5/3/2004Copies available
5/3/2004Effective date 04/26/04
5/18/2004Act No.202
VERSIONS OF THIS BILL
12/18/2002
2/12/2003
2/13/2003
3/30/2004
4/6/2004
4/7/2004
(A202, R252, H3235)
AN ACT TO AMEND SECTION 123500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE “SOUTH CAROLINA ADMINISTRATIVE LAW COURT”, TO AMEND SECTION 123600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT’S RULES OF PROCEDURE AND THAT A PARTY REQUESTING A HEARING WITH THE ADMINISTRATIVE LAW COURT MUST SIMULTANEOUSLY SERVE A COPY OF THE REQUEST ON THE AFFECTED AGENCY, AND TO PROVIDE THAT WHEN THE TERM “ADMINISTRATIVE LAW JUDGE DIVISION” APPEARS IN THE LAW, A REGULATION, OR OTHER DOCUMENT, IT MUST BE CONSTRUED TO MEAN THE “ADMINISTRATIVE LAW COURT”.
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Administrative Law Court created
SECTION1.Section 123500 of the 1976 Code, as last amended by Act 452 of 1994, is further amended to read:
“Section 123500.There is created the South Carolina Administrative Law Court, which is an agency and a court of record within the executive branch of the government of this State. The court shall consist of a total of six administrative law judges. The administrative law judges shall be part of the state employees retirement system.”
Hearings and proceedings before the South Carolina Administrative Law Court
SECTION2.Section 123600 of the 1976 Code, as last amended by Act 92 of 1995, is further amended to read:
“Section 123600.(A)A full and complete record must be kept of all contested cases and regulation hearings before an administrative law judge. All testimony shall be reported, but need not be transcribed unless a transcript is requested by any party. The party requesting a transcript is responsible for the costs involved. Proceedings before administrative law judges are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge must render the decision in a written order. The decisions or orders of administrative law judges are not required to be published, but are available for public inspection unless the confidentiality thereof is allowed or required by law.
(B)An administrative law judge shall preside over all hearings of contested cases as defined in Section 123310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act, those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administrative Law Court.
(C) All requests for a hearing before the Administrative Law Court must be filed in accordance with the court’s rules of procedure. Any party that files a request for a hearing with the Administrative Law Court must simultaneously serve a copy of the request on the affected agency. Upon the filing of the request, the chief judge shall assign an administrative law judge to the case.
(D)An administrative law judge also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation, or as otherwise provided by law, pursuant to Section 123380.”
References to Administrative Law Judge Division
SECTION3.Wherever the term “Administrative Law Judge Division” appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act.
Time effective
SECTION4.This act takes effect upon approval by the Governor.
Ratified the 20th day of April, 2004.
Approved the 26th day of April, 2004.
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