S.C. Code Regs. § § 114-100

Current through Register Vol. 48, No. 11, November 22, 2024

Section 114-100 - Definitions

A. Adverse Action--any action in which the Department:

(1) denies, suspends, revokes or refuses to renew a license or other permit to operate a child day care facility, foster home, child placing agency, residential child care facility or group home;

(2) disqualifies a person from receiving benefits, or terminates, suspends or decreases benefits, which the person was previously determined eligible to receive;

(3) or any other action defined as adverse within a program specific section of these regulations.

B. Petitioner/Claimant--a party who has requested a fair hearing.

C. Respondent--the party responding to the fair hearing request.

D. Person--an individual, partnership, corporation, association, governmental subdivision or public or private agency or organization.

E. Department--the South Carolina Department of Social Services.

F. Client--an applicant for or recipient of aid granted under programs administered by the Department.

G. Adoption Subsidies--Federal or State funds provided to assist an adoptive family in meeting some of the financial needs of the adopted child who has been identified as a special needs child.

H. OAH--Office of Administrative Hearings.

I. Ex-Parte Communication--any direct or indirect communication concerning the merits of a pending hearing, made by one party in the absence of another party, to a hearing officer or committee member assigned to a hearing and which was neither on the record nor on reasonable prior notice to all parties.

J. Fair Hearing--an orderly proceeding before an impartial Department employee or committee of employees in which a petitioner may challenge an adverse action and in which both parties may present evidence to defend their positions.

K. Party--each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

L. Advance notice period--for the Family Independence and Food Stamp programs, period of time between the date of adverse action notification and the date the adverse action becomes effective.

M. Time--computation of time shall be governed by S. C. Code Ann. Section 15-1-10 and the South Carolina Rules of Civil Procedure.

(1) In computing any period of time herein, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a State or Federal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor such holiday.

(2) A notice sent by regular United States mail is presumed to have been received by the fifth day following the posting; if sent by certified mail, return receipt requested, the date of receipt is the date the recipient signed the certificate of receipt.

(3) In determining whether a request for hearing is timely filed, the date of the postmark or the date of receipt by the OAH or by the Department shall be used, whichever is earlier.

S.C. Code Regs. § 114-100

Added by State Register Volume 24, Issue No. 7, eff July 28, 2000.