South Carolina Code of Regulations
Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION
Article 6 - CONTESTED CASE PROCEDURE
Section 67-613 - Postponement or Adjournment of the Scheduled Hearing
Universal Citation: SC Code Regs 67-613
Current through Register Vol. 48, No. 9, September 27, 2024
A. Each party shall arrange and present all evidence at the hearing. Testimony of a necessary witness unable to appear at the hearing may be presented by deposition.
B. A commissioner may postpone a hearing for good cause.
(1) Good cause includes but is not
limited to:
(a) The attorney is actually
engaged in another court;
(b)
Illness;
(c) Additional discovery
is necessary;
(d) A conflict of
interest exists requiring another Commissioner hear the case;
(e) It is premature to hear the
case.
(2) A party
requesting a postponement shall file and serve a motion pursuant to
R.67-215 at least ten days
prior to the hearing. If the moving party can show emergency or other
circumstance beyond its control, the motion may be filed and served as soon as
reasonably possible before the hearing.
(3) If the postponement is granted upon the
request of the moving party who requested a hearing set pursuant to Section
42-9-260,
the requirement to hold the hearing within sixty days is waived. (4) A new
hearing date shall be scheduled by the Commissioner assigned the case at the
discretion of the Commissioner.
C. A party may move for adjournment at a hearing under the following circumstances:
(1)
To obtain additional evidence when the evidence is in existence, identified,
and necessary for the decision, but unavailable at the time of the
hearing.
(2) When a witness fails
to appear.
(a) If the witness has been
properly subpoenaed, the moving party shall produce a copy of the Form 27 and
proof of service. The Commission may allow the testimony to be made part of the
record by de bene esse deposition or by testimony at a
reconvened hearing. Nothing in this section shall prevent the moving party from
withdrawing the subpoena or agreeing to an alternate means of obtaining the
necessary evidence.
(b) If the
witness has not been properly subpoenaed, the moving party shall provide a
reasonable basis for failure to subpoena the witness. The testimony may be
allowed at the Commissioner's discretion.
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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