South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 5 - SAFETY STANDARDS FOR ELEVATOR FACILITIES
Section 71-5700 - Procedure for Hearing Contested Citations and Assessments of Penalty
Universal Citation: SC Code Regs 71-5700
Current through Register Vol. 48, No. 9, September 27, 2024
1. Any owner aggrieved by any action taken pursuant to these rules may file a Notice of Protest within thirty (30) days of the date of the action protested.
2. Notice of Hearing.
A. Service: Upon receipt of a Notice of
Protest by any owner of any facility, the Commissioner shall serve notice of
the time, place, and nature of a hearing to be held to determine the
issues.
B. Contests: The Notice of
Hearing shall include:
(1) Time, place, and
nature of the hearing. The time shall be at least thirty (30) days from the
service of Notice of Hearing unless the owner shall ask in writing for a
shorter time;
(2) A short statement
of the issues involved; and
(3)
Designation of the representative of the Commissioner who shall conduct the
hearing as Hearing Examiner.
3. Hearing Procedures.
A.
(1) The
Hearing Examiner will explain briefly the purpose and nature of the hearing,
will ascertain who will present the case for each of the parties, and will hear
all preliminary matters.
(2) All
persons who give testimony shall be sworn.
(3) A party shall be entitled to present all
relevant facts by oral or documentary evidence or by affidavit if the parties
so agree.
(4) Opposing parties
shall have the right to cross-examine any witness whose testimony is
introduced.
(5) In all proceedings
commenced by the filing of a Notice of Protest, the burden of proof shall rest
with the Department of Labor.
(6) A
business entity which owns a facility may be represented at any hearing by an
attorney licensed to practice in South Carolina, or by an officer or employee
of the entity. Where the owner contracts with a property manager whose regular
duties include management of the licensed facility, an officer or employee of
the property manager may represent the owner.
B. Within a reasonable time after the Hearing
Examiner has heard all evidence and considered any written briefs or memoranda
submitted, he shall make a written recommendation to the Commissioner. The
Commissioner shall then make his final disposition of the proceedings and shall
serve it upon all parties.
C. The
Commissioner of Labor shall maintain a record of the proceedings which shall
include testimony and exhibits.
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