South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 6 - PAYMENT OF WAGE ADMINISTRATIVE APPEALS HEARINGS
Section 71-6000 - Procedures for Hearing Payment of Wages Administrative Appeals

a. Upon receipt of a Notice of Protest, the Commissioner shall serve notice of the time, place, and nature of a hearing to be held to determine the issues.

b. The notice of hearing shall include the designation of the representative of the Commissioner who will conduct the hearing as Hearing Examiner, a short statement of the issues involved, and notice of the time and place of the hearing. The time shall be at least thirty (30) days from the service of the notice of hearing unless the employer makes a written request for a shorter time.

a. An employer may appear in person or be represented by a lawyer licensed to practice in South Carolina or by a officer or employee of the business.

b. Upon opening the hearing, 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.

c. All persons who give testimony will be sworn.

d. A party may present all relevant facts by oral or documentary evidence or by affidavit if the parties so agree.

e. Opposing parties shall have the right to cross-examine any witness whose testimony is introduced.

f. In all proceedings commenced by the filing of a Notice of Protest the burden of proof will rest with the Department of Labor.

g. Within a reasonable time after the hearing examiner has heard all evidence and considered any briefs or memoranda submitted, he shall make a written recommendation to the Commissioner. The Commissioner will then make his final disposition of the proceeding and serve it upon the parties.

h. The failure of a protesting party to appear at a hearing shall be deemed a withdrawal of the Notice of Protest and a waiver of all rights except the right to be served with a copy of the order of the Commissioner. Any party who fails to appear without good cause after receiving notice of the time and place of hearing may be taxed with the costs of that hearing in the amount of One Hundred ($100) dollars.