71-4910 - Procedure for Hearing Contested Notices of Non-Compliance and Assessments of Penalty

71-4910. Procedure for Hearing Contested Notices of Non-Compliance and Assessments of Penalty

1. Any owner to whom a Notice of Non-Compliance or Notice of Proposed Penalty has been issued may serve a Notice of Protest upon the Commissioner within thirty (30) days of the receipt by the owner of the Notice of Non-Compliance or of the Notice of Proposed Penalty.

2. Notice of Hearing

A. Service: Upon receipt of a Notice of Protest or any Notice of Non-Compliance by any owner of any amusement device, the Commissioner shall serve notice of a hearing to be held to determine the issues.

B. Contests: The notice of hearing shall include:

(1) Time, place, and nature of the hearing. The time shall be at least thirty (30) days from the service of notice of hearing unless the owner shall ask in writing for a shorter time;

(2) A short statement of the issues involved; and

(3) Designation of the representative of the Commissioner who shall conduct the hearing as Hearing Examiner.

3. Hearing Procedure

A. The Hearing Examiner will explain briefly the purpose and nature of the hearing, will ascertain who will present the case for each of the parties, and will hear all preliminary matters.

B. All persons who give testimony shall be sworn.

C. A party shall be entitled to present all relevant facts by oral or documentary evidence or by affidavit if the parties so agree.

D. Opposing parties shall have the right to cross-examine any witness whose testimony is introduced.

E. A business entity which owns an amusement device may be represented at any hearing by an attorney licensed to practice in South Carolina, or by an officer or employee of the entity.

4. Within a reasonable time after the Hearing Examiner has heard all evidence and considered any written briefs or memoranda submitted, he shall make a written recommendation to the Commissioner. The Commissioner shall then make his final disposition of the proceedings and shall serve it upon all parties.

5. The Commissioner of Labor shall maintain a record of the proceedings which shall include testimony and exhibits.

(Added by State Register Volume 11, Issue No. 6, effective June 26, 1987. Amended by State Register Volume 12, Issue No. 5, effective May 27, 1988; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993.)

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