South Carolina Code of Regulations
Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
Subchapter 1 - HUMAN AFFAIRS LAW
Section 65-9 - Procedure for the Institution of Civil Actions as Provided in Section 1-13-90(d) of the Act
Universal Citation: SC Code Regs 65-9
Current through Register Vol. 48, 12, December 27, 2024
A. Civil Actions by the Commission
(1) If within thirty (30) days
after issuance of a determination finding reasonable cause to believe that a
respondent named in a complaint has violated the Act, the Commission is unable
to secure from the respondent a conciliation agreement acceptable to the
Commission, the Commission may bring an action in equity against the respondent
in circuit courts, provided however, that the respondent named in the complaint
is not a state agency or department or a local subdivision of a state agency or
department; and provided, further, that the Commission may seek preliminary or
temporary injunctive relief pursuant to Section
1-13-70(s)
of the Act according to the procedures set forth in Section
65-4
of these Regulations and provided that reasonable cause has been shown as
specified in Section65-4.
(2) The Commission must bring an action in
the circuit court within one year of the alleged violation, unless the time for
bringing the action is extended by written consent of the respondent.
(3) If, after a thorough investigation, the
Commission determines that the respondent has violated the terms of a
conciliation agreement, the Commission may bring an action against the
respondent in the circuit court within one year from the date of the alleged
violation, except that the period may be extended by written consent of the
respondent.
(4) No action may be
brought by the Commission if the complainant or another party has filed an
action in state or federal court which alleges essentially the same facts and
seeks essentially the same relief for the same complainant. If the Commission
brings a civil action against a respondent and later determines that another
action in state or federal court has been filed, the Commission shall promptly
dismiss its action.
B. Notice of Right to Sue: Procedure and Authority.
(1) Issuance of Right to Sue upon Request.
(a) When a complaint requests in writing that
a notice of right to sue be issued and the complaint to which the request
relates is filed against a respondent other than a state agency or department
or local subdivision of a state agency or department, the Commission shall
promptly issue such notice as described in (3) below and provide copies to all
parties, at any time after the expiration of one hundred eighty (180) days from
the date of the filing of the complaint with the Commission, unless otherwise
provided in Section
65-2J
hereof.
(b) When a person claiming
to be aggrieved requests, in writing, that a notice of right to sue be issued,
and the complaint to which the request relates is filed against a respondent
other than a state agency or department or local subdivision of a state agency
or department, the Commission may issue such notice as described in (3) below
and shall provide copies to all parties, at any time before the expiration of
one hundred eighty (180) days from the date of filing the complaint with the
Commission provided that the Commissioner has determined that it is probable
the Commission will be unable to complete its administrative processing of the
complaint within one hundred eighty (180) days from the filing of the complaint
and has attached a written certificate to that effect. No right to sue letter
will be issued before the expiration of one hundred eighty (180) days from the
date of filing of the complaint when it is probable that the Commission will be
able to complete its administrative processing within the one hundred eighty
(180) day period.
(c) Issuance of a
notice of right to sue shall terminate further processing of the
complaint.
(2) Issuance
of Notice of Right to Sue Following Commission Disposition of a Complaint.
(a) Where the Commission has found reasonable
cause to believe that the Act has been violated, has been unable to obtain
voluntary compliance with the Act, and where the Commission has decided not to
bring a civil action against the respondent, the Commission will issue a notice
of right to sue on the complaint as described in (3) below to the person
claiming to be aggrieved and provide a copy thereof to all parties.
(b) Where the Commission has entered into a
conciliation agreement to which the person claiming to be aggrieved is not a
party, the Commission shall issue a notice of right to sue on the complaint to
the person claiming to be aggrieved.
(c) Where the Commission has dismissed a
complaint pursuant to Section
65-2J, it
shall issue a notice of right to sue as described in (3) below to the person
claiming to be aggrieved and provide a copy thereof to all parties.
(3) Content of Notice of Right to
Sue. The notice of right to sue shall include:
(a) authorization to the complainant to bring
a civil action pursuant to Section
1-13-90(d)
of the Act within one hundred twenty (120) days from issuance of such
authorization by the Commission to the complainant, his/her attorney of record,
or, in those instances covered by
65-2J(2)(d)
hereof, from the date of mailing to the complainant's last known
address;
(b) advice concerning the
institution of such civil action by the complainant, where
appropriate;
(c) a copy of the
complaint;
(d) the Commission's
decision, determination, or dismissal as appropriate.
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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