S.C. Code Regs. § 71-10000.6 - Administrative Review of Any Revocation, Civil Penalty, or Other Disciplinary Action Against a License

A. Request for Informal Conference. Within five (5) days of receipt of a notice of revocation, civil penalty, or other disciplinary action, a licensee may request an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notification of failure to correct violation. The settlement of any issue at such conference shall be subject to these rules and regulations of procedure. Any party may be represented by legal counsel. No such conference or request for conference shall operate as a stay of the thirty (30) day period for filing a request for a contested case hearing with the Administrative Law Court, and no such conference or request for conference will be held or accepted subsequent to receipt of a request for a contested case hearing as defined in the regulations of the Administrative Law Court.

B. Conduct of Informal Conference. The Program Administrator or his designee will conduct the informal conference.

C. Location. Informal conferences may be conducted by the Program Administrator or his designee at the offices of the Department of Labor, Licensing and Regulation or by telephone.

D. Time. Informal conferences will be conducted as soon as possible after such request is made.

E. Decision. To the extent possible, a decision of the Program Administrator or his designee will be made at the close of the informal conference and communicated promptly to the licensee.

F. Any licensee to whom a notice of revocation, civil penalty, or other disciplinary action has been issued may serve a request for a contested case hearing concerning such revocation, civil penalty, or other disciplinary action, or any combination thereof in accordance with the rules of procedure of the Administrative Law Court.

G. Where the licensee fails to file a request for a contested case hearing within thirty (30) days of receipt of the notice of revocation, civil penalty, or other disciplinary action, the notice shall be deemed a final order of the Department not subject to administrative review unless good cause is shown for such failure. Where the request for a contested case hearing is made later than the period specified, the Department may nevertheless waive any objection to the late protest, if there was good cause for such delay and that the delay was not excessive.

Notes

S.C. Code Regs. § 71-10000.6

Added by Register Volume 34, Issue No. 3, eff March 26, 2010.