South Carolina Code of Regulations
Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY
Subchapter 9-100 - ADJUDICATION RULES
I - GENERAL PROVISIONS
Section 9-100.12 - Adjudicator: Withdrawal; Disqualification; or Unavailability
Universal Citation: SC Code Regs 9-100.12
Current through Register Vol. 48, No. 9, September 27, 2024
A. Withdrawal or Disqualification of Adjudicator.
1. An
Adjudicator may at any time disqualify her/himself.
2.
a.Prior
to the filing of the Adjudicator's decision, any party may move that the
Adjudicator disqualify her/himself on the ground of personal bias or other
disqualification, by filing with the Adjudicator promptly upon discovery of the
alleged facts an affidavit setting forth in detail the matters alleged to
constitute grounds for disqualification.
b. The Adjudicator shall rule upon the
motion, stating the grounds therefor. If the Adjudicator concludes that the
motion is timely and has merit, the Adjudicator shall forthwith disqualify
her/himself and withdraw from the adjudication. If (s)he does not disqualify
her/himself and withdraw from the adjudication, (s)he shall proceed with the
adjudication, or if the hearing has been concluded, (s)he shall proceed with
the issuance of her/his decision.
c. An Adjudicator's denial of a motion for
disqualification may be appealed at the conclusion of the proceeding unless the
requirements of R.
9-100.400
[Interlocutory Review] are satisfied.
B. Unavailability of Adjudicator. In the event that the Director of SCIAA finds that an Adjudicator is unable to perform the duties of Adjudicator or otherwise becomes unavailable, the Director of SCIAA shall designate another Adjudicator to serve.
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