Current through Register Vol. 47, No. 12, December 22, 2023
A. Parties and Their Representatives in General.
1. An individual person not admitted to practice law in South Carolina may represent himself or herself in any proceeding before an Appeal Tribunal or the Appellate Panel but may not represent another person except as expressly allowed by this regulation. A party proceeding without legal representation shall remain fully responsible for compliance with the Department's regulations and the Administrative Procedures Act.
2. Department employees may represent the Department in any proceeding before an Appeal Tribunal or the Appellate Panel.
3. State, local, and federal government employees may represent their offices, agencies, or both before the Appeal Tribunal or the Appellate Panel.
B. Unemployment Insurance Benefit Proceedings.
1. A partnership, corporation, association, or limited liability company may be represented by a member, partner, officer, or employee thereof. Nothing in this regulation shall be construed as prohibiting any employee or agent of a business entity from providing factual information to the Appeal Tribunal or the Appellate Panel. Nothing in this regulation shall be construed as prohibiting any employee or business entity from being represented by an attorney licensed to practice law in South Carolina, or an attorney possessing a Limited Certificate of Admission pursuant to Rule 405, SCACR if they so choose.
2. Representatives of labor unions, employee or employer organizations, may appear and give factual information or data which will be pertinent or helpful to the determination of the issues before the Appellate Panel or the Appeal Tribunal.
C. Unemployment Insurance Tax Proceedings.
1. A party who is not a natural person, such as a business defined in S.C. Code Ann. §
33-1-103, may be represented in a proceeding before the Appeal Tribunal or the Appellate Panel by an officer, partner, member, or employee thereof in any unemployment insurance tax proceeding initiated, including proceedings under Regulation 47-36. Nothing in this regulation shall be construed as prohibiting a party from being represented by an attorney licensed to practice law in South Carolina, or an attorney possessing a Limited Certificate of Admission pursuant to Rule 405, SCACR if they so choose.
2. Any party may be represented by a certified public accountant licensed in South Carolina in any unemployment insurance tax proceeding initiated, including proceedings under Regulation 47-36.
D. The Appellate Panel or the Appeal Tribunal, in its discretion, may refuse to allow any person to represent others in any proceeding before it who it finds is guilty of unethical conduct, or who intentionally and repeatedly fails to observe the provisions of South Carolina Law, or the Rules, Regulations, and/or instructions of either the Tribunal or the Appellate Panel.
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 47, Issue No. 05, eff. 5/26/2023.
