South Carolina Code of Regulations
Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION
Article 2 - GENERAL
Section 67-211 - Service of Forms and Documents
Universal Citation: SC Code Regs 67-211
Current through Register Vol. 47, No. 12, December 22, 2023
A. Claimant's Request for Hearing.
(1) When the claimant is represented by an
attorney, the attorney shall serve a copy of the Form 50 or Form 52 hearing
request electronically or by depositing the form in the United States Postal
Service first class postage, addressed to the opposing parties pursuant to
R.67-210. Service is
deemed complete upon mailing or electronic transmission unless the form is
returned or the sender's or recipient's electronic server indicates that the
transmission was unable to be completed. If the form is returned or unable to
be transmitted, service may be completed pursuant to the South Carolina Rules
of Civil Procedure. A hearing will not be set until service is complete and
proof of service is filed with the Judicial Department.
(2) When the claimant is not represented by
an attorney, the claimant may serve the Form 50 or Form 52 hearing request as
set forth in A(1). When the claimant does not serve the hearing request, the
Commission must serve the request electronically or by depositing the form in
the United States Postal Service first class postage, addressed to the opposing
parties per R.67-210.
B. Employer's Representative's Request for Hearing and/or Response to a Request For Hearing.
(1) When the claimant is
represented by an attorney, the employer's representative shall serve a copy of
the Form 21, Form 51, or Form 53 electronically or by depositing the form in
the United States Postal Service first class postage, addressed to the
claimant's attorney. Service is deemed complete upon mailing or electronic
transmission unless the form is returned or the sender's or recipient's
electronic server indicates that the transmission was unable to be completed.
If the form is returned or unable to be transmitted, service may be completed
pursuant to the South Carolina Rules of Civil Procedure. A hearing will not be
set until service is complete and proof of service is filed with the Judicial
Department.
(2) When the claimant
is not represented by an attorney, the employer's representative shall serve a
copy of the Form 21, Form 51, or Form 53 by personal service or by certified
mail, return receipt requested, delivery restricted to the addressee. When
service is by certified mail, service is complete as of the date of the
addressee's receipt of the form as indicated by the signed certified mail
return receipt. If the form is returned, service may be completed pursuant to
the South Carolina Rules of Civil Procedure. A hearing will not be set until
service is complete and proof of service is filed with the Judicial
Department.
C. Other Forms and Documents.
(1) Unless otherwise
specified in this Chapter, other forms and documents shall be served by the
parties electronically or by depositing the form or document in the United
States Postal Service first class postage, addressed to the opposing parties
per R.67-210. Service is
deemed complete upon mailing or electronic transmission unless the document is
returned or the sender's or recipient's electronic server indicates that the
transmission was unable to be completed. If the document is returned or unable
to be transmitted, service may be completed pursuant to the South Carolina
Rules of Civil Procedure.
(2) When
the claimant is not represented by an attorney, the claimant may serve a form
or document according to C(1) . When the claimant does not serve the form or
document, the Commission shall serve it by depositing the form or document in
the United States Postal Service first class postage, addressed to the opposing
parties per R.67-210.
(3) Hearing
notices may be served electronically pursuant to R.67-210. All
unrepresented claimants and uninsured employers shall be served by depositing
the notice in the United States Postal Service, first class postage pursuant to
R.67-210. Service is
deemed complete upon mailing or electronic transmission unless the form is
returned or the sender's or recipient's electronic server indicates that the
transmission was unable to be completed.
Amended by State Register Volume 16, Issue No. 4, eff April 24, 1992; State Register Volume 21, Issue No. 4, eff April 25, 1997; State Register Volume 34, Issue No. 2, eff February 26, 2010; State Register Volume 42, Issue No. 02, eff. 2/23/2018.
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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