South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 1 - OCCUPATIONAL SAFETY AND HEALTH REGULATIONS
Subarticle 4 - ENFORCEMENT OF VIOLATIONS
Section 71-408 - Request for a Contested Case Hearing; Posting

1. In the event that there are any affected employees who are not represented by an authorized employee representative, the employer shall, immediately upon receipt of notice of the docketing of the request for a contested case hearing, post where the citation is required to be posted, a copy of the request for a contested case hearing and a notice informing such affected employees of their right to party status and of the availability of all pleadings for inspection and copying at reasonable times.

2. The authorized employee representative, if any, shall be served with a copy of the request for a request for a contested case hearing.

3. Where a request for a contested case hearing is filed by an affected employee who is not represented by an authorized employee representative and there are other affected employees who are represented by an authorized employee representative, the unrepresented employee shall serve a copy of his notice on the authorized employee representative and shall file proof of such service in a manner prescribed in subsection D.1. of this section.

4. Where a request for a contested case hearing is filed by an affected employee or an authorized employee representative, a copy of the request for a contested case hearing and response filed in support thereof shall be provided to the employer for posting in the manner prescribed in paragraph A.1. of this rule.

5. An authorized employee representative who files a request for a contested case hearing shall be responsible for serving any other authorized employee representative whose members are affected employees in a manner prescribed in subsection D.1. of this section.

1. A copy of the notice of the hearing to be held before the Administrative Law Court shall be served by the employer on affected employees who are not represented by an authorized employee representative by posting a copy of the notice of such hearing at or near the place where the citation is required to be posted.

2. A copy of the notice of the hearing to be held before the Administrative Law Court shall be served by the employer on the authorized employee representative of affected employees in the manner prescribed in paragraph D.1 of this rule, if the employer has not been informed that the authorized employee representative has entered an appearance as of the date such notice is received by the employer.

1. At the time of filing pleadings or other documents, a copy thereof shall be served by the filing party or intervenor on every other party or intervenor.

2. Service upon a party or intervenor who has appeared through a representative shall be made only upon such representative.

1. Unless otherwise ordered, service may be accomplished by postage pre-paid first class mail or by personal delivery. Service is deemed effective at the time of mailing (if by mail) or at the time of personal delivery (if by personal delivery).

2. Proof of service shall be accomplished by a written statement which sets forth the date and manner of service. Such statement shall be filed with the pleading or document.

3. Where service is accomplished by posting, proof of such posting shall be filed not later than the first working day following the posting.

4. Where posting is required by this section, unless otherwise specified, such posting shall be maintained until the commencement of the hearing or until earlier disposition.