S.C. Code Regs. § 65-7 - Reconsideration of Order of Dismissal or Order to Initiate Suit

A. Within ten (10) days after receipt of the Commissioner's order to initiate suit or to dismiss the complaint made pursuant to Sections 1-13-90(c)(5) or 1-13-90(d)(4) of the Act, the complainant or respondent may file with the Commissioner an application for reconsideration of the order.

B. The application for reconsideration of dismissal shall be in writing, stating specifically the grounds on which it is based.

C. Upon receipt of an application for reconsideration, the Commissioner shall review the file with the staff legal counsel and determine whether there is adequate cause shown, under the standards of the S. C. Administrative Procedures Act, to reconsider the dismissal. If no adequate cause is shown, reconsideration shall be denied in writing. If adequate cause is shown, the Commissioner shall immediately notify both parties and designate a different staff member to conduct a new investigation. If the respondent is a State agency or department or local subdivision of a State agency or department, the Chairman of the Commission or upon his request the Commissioner shall designate a different member of the Commission to direct the new investigation.

D. The investigator shall within ten (10) days of his designation by the Commissioner make a new determination of whether there is reasonable cause to believe that the respondent has engaged in an unlawful practice.

E. Notice of a request for reconsideration and the resolution of such reconsideration shall be provided to all parties in the same manner as provided for notice of the filing and determination of complaints.

Notes

S.C. Code Regs. § 65-7