S.C. Code Regs. § § 67-705

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

Section 67-705 - Briefs, Filing and Service

A. On each case appealed to the Commission for review, the appellant shall file a brief that includes a statement of the case, questions presented, argument, and conclusion.

B. The appellant shall file the brief and proof of service on the opposing party with the Commission's Judicial Department according to R.67-205 on or before the date on the Form 31.

C. The respondent may file a brief and proof of service on the opposing party with the Judicial Department within fifteen days of service of the appellant's brief.

D. The appellant may file a reply brief and proof of service with the Judicial Department within ten days of service of the respondent's brief.

E. No further briefs are permitted unless requested by the Commission.

F. The original and three copies of the brief must be filed when a three member Commission panel reviews the case as indicated on the review hearing notice. The original and six copies of the brief must be filed when a six member Commission panel reviews the case as indicated on the review hearing notice.

G. Serve the briefs pursuant to R.67-211. If the claimant is representing himself or herself, the Judicial Department prepares the additional copies of the brief and serves the brief on the opposing party.

H. With the consent of the opposing party, the time for filing a brief may be extended if a letter acknowledging the agreement is filed with the Commission on or before the original filing date.

(1) All briefs must be filed at least five days before the scheduled date for review. The Commission will exclude from consideration a brief filed later than five days before the scheduled review.

(2) The party extending the time for filing a brief shall file with the Judicial Department a copy of the agreement. The agreement must state the date the brief is due.

(3) If the appellant fails to file a brief within ten days of receipt of the Form 31, the Judicial Department may remove the case from the review hearing docket by issuing an administrative order dismissing the appeal.

(4) An appeal administratively dismissed by the Judicial Department may be reinstated for a good cause upon motion to the Commission.

(a) A motion to reinstate the appeal must be filed with the Commission and served on all parties no later than thirty days from the date of service of the administrative order dismissing the appeal.

(b) The motion will be heard by the Full Commission without oral argument or appearance of the party.

(c) If the case is reinstated, the Commission may impose against the appellant costs up to two hundred fifty dollars.

S.C. Code Regs. § 67-705

Amended by State Register Volume 16, Issue No. 4, eff April 24, 1992; State Register Volume 21, Issue No. 4, eff April 25, 1997.