Current through Register Vol. 47, No. 12, December 22, 2023
A. The
Presentation of Appeals.
1. The party
appealing from any determination of a claims adjudicator or special examiner
shall file electronically, by fax, by mail, or otherwise deliver to the
Department a Notice of Appeal, setting forth the grounds for the appeal. Copies
of the Notice of Appeal shall be mailed or electronically delivered to the
other interested parties.
2. Upon
the scheduling of a hearing for an appeal, a Notice of Hearing shall be mailed
to all interested parties to the appealed claim at least seven (7) calendar
days prior to the date of hearing, specifying the place and time of hearing,
and the hearing official.
B. Disqualification of Members of Appeal
Tribunals.
No person shall serve on an Appeal Tribunal in the hearing of
any appeal in which he is interested. Challenges to the interest of any person
serving on an Appeal Tribunal may be heard and decided by the Appeal Tribunal
or its designee.
C. Hearing
of Appeals.
1. All Appeal Tribunal hearings
shall be de novo in nature and conducted in such manner as to ascertain the
substantial rights of the parties. The Appeal Tribunal shall include in the
record and consider as evidence all Department records material to the appeal.
Any party to the appeal may present relevant testimony. The Appeal Tribunal
shall examine a party and his witnesses, and may examine the witnesses of any
opposing party. The Appeal Tribunal, with or without notice to any of the
parties, may take additional evidence at the hearing as it deems necessary.
After a hearing and prior to rendering a decision, the Appeal Tribunal, with
notice to the interested parties as provided for in Appeal Regulation
Regulation Regulation 47-51, A.2, may call parties and witnesses to appear
before it for the taking of additional evidence as it deems
necessary.
2. The parties to an
appeal, with the consent of the Appeal Tribunal, may stipulate the facts
involved in writing. Agreed upon stipulations shall be included in the record.
The Appeal Tribunal may decide the appeal on the basis of such stipulations,
or, in its discretion, may set the appeal for a hearing and take further
evidence or arguments, as it deems necessary to determine the appealed
claim.
3. Evidence will not be
excluded solely because it may be hearsay. Hearsay, including information
provided to the Department through telephone conversations and written
statements, may be considered. However, findings of fact cannot be based
exclusively on hearsay evidence unless that evidence is admissible under the
South Carolina Rules of Evidence.
D. Adjournments of Hearings.
1. The Appeal Tribunal shall use its best
judgment as to when adjournments of a hearing shall be granted, in order to
secure all necessary evidence and to ensure fairness to all parties.
2. If the appealing party fails to appear at
the hearing, the Appeal Tribunal may dismiss the appeal or issue a decision on
the basis of the Department records.
E. The Determination of Appeals.
1. Following the conclusion of an appeal
hearing, the Appeal Tribunal shall, within thirty (30) days, issue a written
decision detailing the findings of fact and conclusions of law. The Appeal
Tribunal shall set forth its findings of fact, its decision, and the reasons
therefor.
a. In addition to the issues raised
by the appealed determination the Appeal Tribunal may consider all issues
affecting claimant's rights to benefits from the beginning of the period
covered by the determination to the date of the hearing.
b. The Appeal Tribunal may pass upon any
offer of work complying with Regulation Regulation Regulation 41-23,
separation, or question of availability arising between the filing of an appeal
and the Appeal Tribunal hearing in those cases in which the Department has
issued no determinations with respect to such subsequent issues.
c. The Appeal Tribunal may pass upon any
issue framed prior to the filing of the appeal or the determination from which
the appeal is taken, and with respect to which no determination has been issued
by the Department.
d. The Appeal
Tribunal at a hearing may receive and consider appeals from determinations
issued subsequent to the determination and appeal giving rise to the hearing,
provided such appeals are timely.
e. Sub-Items (a)(b)(c)(d) supra apply only
when the parties are identical or present at the Appeal Tribunal hearing or are
properly notified of the issue or issues.
2. Copies of all decisions and the reasons
therefore shall be mailed to all parties to the appeal.
F. Notice of Rights to Appeal from Appeal
Tribunal Decisions.
Each Appeal Tribunal decision sent to the parties to an appeal
shall include or be accompanied by a notice specifying the appeal rights of the
parties. The notice of appeal rights shall state clearly the manner and time
period for filing an appeal from the decision.
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.