S.C. Code Regs. 67-1401 - Fines, Assessment and Review

A. The Commission is authorized to assess fines as provided in this Chapter and the Act. The following provisions shall apply to the assessment and request for review of a fine against a party or its representative.

B. The department or division of the Commission charged with assessing the fine shall provide written notice of a failure to file a form and an assessment.

(1) Within thirty days of the date of service of the notice, the form must be filed and the assessment paid to the Commission. A request for a director's review of the assessment may be filed according to C below.

(2) Failure to file the form and make prompt payment of an assessed fine or to request review of the assessment as provided in C below shall result in an order issued.

C. Review of an assessment and possible abatement of a fine may be requested as follows:

(1) Set forth in writing the reasons for contesting the assessment.

(2) File the request with the Department or Division that issued the assessment as indicated on the notice within thirty days of service of the notice.

(3) The department or division director will review the request and may abate the fine if good cause is shown.

(4) The director will provide written notice to the party requesting review and set forth the reasons for the director's determination.

(5) If the director affirms the assessment, a hearing may be requested and shall be granted if timely filed according to E below.

D. Failure to file a written request for a director's review of an assessment of fine within thirty days of service of the notice shall constitute waiver of a director's review.

E. A request for an opportunity to be heard to show cause why the person or party assessed is not in violation of the provisions of this Chapter or the Act shall be granted if timely filed as provided below.

(1) Request a hearing in writing.

(2) File the request for a hearing with the department or division director who reviewed the assessment within fourteen days of director's determination as in C(5) above or fourteen days from the date of service of an order as in B(2) above.

(3) An Order and Rule to Show Cause will be issued to the party requesting a hearing according to R.67-1404.

Notes

S.C. Code Regs. 67-1401

Amended by State Register Volume 20, Issue No. 5, eff May 24, 1996.