South Carolina Code of Regulations
Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE
Article 3 - APPEALS REGULATIONS
Section 47-52 - Appeals to the Appellate Panel
Universal Citation: SC Code Regs 47-52
Current through Register Vol. 48, No. 3, March 22, 2024
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.
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.
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