South Carolina Code of Regulations
Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY
Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS
Section 37-106 - Failure to Appear at the Contested Case Hearing

Universal Citation: SC Code Regs 37-106

Current through Register Vol. 48, No. 9, September 27, 2024

A. Any candidate/officer/operator or Agency making the allegation of misconduct notified pursuant to R.R.37-105(A) who fails to appear at the contested case hearing, shall have a judgment by default made against them by the hearing officer, shall have waived their right to present evidence at the contest case hearing, and the hearing officer shall not be required to issue a recommendation pursuant to R.R.37-105(L). Additionally, when the candidate/officer/operator notified pursuant to R.R.37-105(A) fails to appear at the contested case hearing, the Council may immediately proceed with determining whether the candidate/officer/operator committed misconduct pursuant to R.R.37-025, R.R.37-026, R.R.37-073 and/or R.R.37-074 and, if misconduct has been committed, a sanction pursuant to R.R.37-108 for the misconduct. When the candidate/officer/operator notified pursuant to R.R.37-105(A) fails to appear, the evidence submitted to the Council shall not be required to conform to the Rules of Evidence.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.