S.C. Code Regs. § § 47-52

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

Section 47-52 - Appeals to the Appellate Panel

A. The Presentation of Application for Leave to Appeal to the Appellate Panel.

1. The Party appealing from the decision of an Appeal Tribunal shall file online, by fax, by mail, or otherwise deliver to the Department, a Notice of Appeal, setting forth the grounds for the appeal as set forth in Chapter 35 of Title 41 of the South Carolina Code of Laws, 1976, as amended. Copies of the Notice of Appeal shall be mailed or electronically delivered to the other interested parties of the appeal.

2. The Appellate Panel may decide an Appeal, filed under Regulation Regulation Regulation 47-52, A.1, without hearing, or may notify the interested parties to appear before it at a specified time and place for oral argument. Notices of such oral argument shall be mailed to the interested parties to the decision of the Appeal Tribunal at least seven (7) calendar days before the date of the hearing.

3. If leave to appeal to the Appellate Panel is granted, the Appellate Panel may schedule a hearing. Notice of hearing on the form provided shall be mailed at least seven (7) calendar days before the date fixed for hearing, specifying the matters to be heard and the place and time of hearing to all interested parties.

B. Hearing of Appeals.

1. Except as provided in Appeal Regulation Regulation Regulation 47-52, D for the hearing of appeals removed to the Appellate Panel from an Appeal Tribunal, all appeals to the Appellate Panel shall be heard solely upon the evidence in the record before the Appeal Tribunal.

2. In the hearing of an appeal upon the record, the Appellate Panel may limit the parties to oral argument, or may permit the filing of written argument, or both.

C. The Review of Decisions of Appeal Tribunals by the Appellate Panel on Its Own Motion.

1. Within ten (10) calendar days following a decision by an Appeal Tribunal, the Appellate Panel on its own motion may remove any decision to its own jurisdiction for review and may affirm, modify, or set aside such decision on the basis of the evidence previously submitted in such case, or may direct the taking of additional evidence.

2. The Appellate Panel shall in such cases allow the parties an opportunity to present their views before it with seven (7) calendar days notice thereof to all parties interested.

3. Where the Appellate Panel directs the taking of additional evidence, it shall be taken in the manner prescribed for the conduct of hearings on appeals before the Appeal Tribunal, including seven (7) calendar days notice to the parties interested. Upon the completion of the taking of evidence and testimony pursuant to the direction of the Appellate Panel, a new decision shall be issued or the case shall be returned to the Appellate Panel for its consideration and decision.

D. The Hearing by the Appellate Panel on Appeals Ordered Removed to It from an Appeal Tribunal.

1. Any appeal before an Appeal Tribunal, ordered by the Appellate Panel to be removed to itself prior to hearing by the Appeal Tribunal, shall be presented, heard, and decided by the Appellate Panel in the manner prescribed in Regulation Regulation Regulation 47-51, C.1, 2, and 3, for the hearing of appeals before the Appeal Tribunal.

2. Any appeals heard by an Appeal Tribunal may, prior to a decision by the Tribunal, be ordered by the Appellate Panel to be removed to itself and shall then be presented, heard and decided by the Appellate Panel in the manner prescribed in Appeal Regulation Regulation Regulation 47-52, C.2 and 3.

E. The Decisions of the Appellate Panel.

1. The quorum of the Appellate Panel shall be two (2) members. No meeting of the Panel shall be scheduled when it is anticipated that fewer than two (2) members will be present, and no hearing shall be held nor decision released by the Panel in which fewer than two (2) members participate.

2. If a decision of the Appellate Panel is not unanimous, the decision of the majority shall control. In the event only two (2) members are able to vote on a case, but are unable to agree on a final decision, the decision of the Tribunal shall stand affirmed.

3. The Appellate Panel shall, as soon as possible, announce its findings and decision with respect to the appeal. The decision shall be in writing and shall be signed by the members of the Appellate Panel who heard the appeal. It shall set forth with respect to the matters appealed, the findings of fact of the Appellate Panel, its decision, and the reasons for such decision. Copies of all decisions and the reasons therefore shall be mailed by the Appellate Panel to the interested parties.

S.C. Code Regs. § 47-52

Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000; State Register Volume 35, Issue No. 6, eff June 24, 2011; State Register Volume 41, Issue No. 05, eff. 5/26/2017.