S.C. Code Regs. § § 67-611

Current through Register Vol. 48, No. 10, October 25, 2024

Section 67-611 - Pre-hearing Brief

A. A claimant who is not represented by an attorney is not required to file a Form 58, Pre-hearing Brief.

(1) If the claimant elects to file a Form 58, the claimant must mail the Form 58 to the Commissioner's office identified on the hearing notice.

(2) The Commissioner's office shall send a copy of the Form 58 to the employer's attorney.

B. Each attorney representing a party at a hearing shall file and serve a Form 58 according to the following:

(1) The moving party must provide the Form 58 and proof of service to the opposing party at least fifteen days before a scheduled hearing. The Form 58 must be complete and set forth the names and addresses of persons known to the parties or counsel to be witnesses concerning the facts of the case and indicate whether or not written or recorded statements including video recordings and/or transcribed audio recordings have been taken from any witness including the claimant, and indicate who has possession of same. A nonmoving party must provide to the moving party a response at least ten days before a scheduled hearing. The nonmoving party shall also promptly supplement a response with respect to any question directly addressed on the form and amend a response if the party obtains information upon the basis of which the party knows the response was incorrect when made, or the party knows the response, though correct when made, is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

(2) All amendments and supplements to a Form 58 must be made at least 5 days prior to the date of the scheduled hearing. Otherwise, a party seeking to supplement or amend the Form 58 must move for relief pursuant to R.67-613.

(3) Each Form 58 shall be served on the opposing party pursuant to R.67-211.

(4) All blanks on the Form 58 must be completed pursuant to R.67-204.

(5) The parties may extend the Form 58 filing deadlines required in (B)(1) and (2) by consent agreement in writing.

C. The Form 58 shall remain in the Commission's file, but does not constitute evidence or become part of the record of the hearing.

D. If an attorney fails to file and serve a Form 58, the Commissioner may postpone the hearing according to R.67-613 or assess against an attorney by written order a fine not to exceed one hundred dollars.

S.C. Code Regs. § 67-611

Amended by State Register Volume 16, Issue No. 4, eff April 24, 1992; State Register Volume 21, Issue No. 4, eff April 25, 1997; State Register Volume 42, Issue No. 02, eff. 2/23/2018.