S.C. Code Regs. § § 67-613

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

Section 67-613 - Postponement or Adjournment of the Scheduled Hearing

A. Each party shall arrange and present all evidence at the hearing. Testimony of a necessary witness unable to appear at the hearing may be presented by deposition.

B. A commissioner may postpone a hearing for good cause.

(1) Good cause includes but is not limited to:

(a) The attorney is actually engaged in another court;

(b) Illness;

(c) Additional discovery is necessary;

(d) A conflict of interest exists requiring another Commissioner hear the case;

(e) It is premature to hear the case.

(2) A party requesting a postponement shall file and serve a motion pursuant to R.67-215 at least ten days prior to the hearing. If the moving party can show emergency or other circumstance beyond its control, the motion may be filed and served as soon as reasonably possible before the hearing.

(3) If the postponement is granted upon the request of the moving party who requested a hearing set pursuant to Section 42-9-260, the requirement to hold the hearing within sixty days is waived. (4) A new hearing date shall be scheduled by the Commissioner assigned the case at the discretion of the Commissioner.

C. A party may move for adjournment at a hearing under the following circumstances:

(1) To obtain additional evidence when the evidence is in existence, identified, and necessary for the decision, but unavailable at the time of the hearing.

(2) When a witness fails to appear.

(a) If the witness has been properly subpoenaed, the moving party shall produce a copy of the Form 27 and proof of service. The Commission may allow the testimony to be made part of the record by de bene esse deposition or by testimony at a reconvened hearing. Nothing in this section shall prevent the moving party from withdrawing the subpoena or agreeing to an alternate means of obtaining the necessary evidence.

(b) If the witness has not been properly subpoenaed, the moving party shall provide a reasonable basis for failure to subpoena the witness. The testimony may be allowed at the Commissioner's discretion.

S.C. Code Regs. § 67-613

Amended by State Register Volume 21, Issue No. 4, eff April 25, 1997; State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 42, Issue No. 02, eff. 2/23/2018.