(A) Within thirty days after receipt of a citation, notice of penalty, or notice of abatement issued by the Division of Labor pursuant to the authority of this chapter, any aggrieved party may request a contested case hearing before the Administrative Law Court in accordance with Articles 3 and 5 of Chapter 23 of Title 1 and the Rules of the Administrative Law Court. The parties to the contested case are the Division of Labor and any aggrieved employer, employee, or employee representative who requests a contested case hearing.

(B) Hearings must be conducted according to the Rules of the Administrative Law Court.

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Terms Used In South Carolina Code 41-15-310

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

(C) A party aggrieved by the decision of the Administrative Law Court may appeal the decision as provided in §§ 1-23-380 and 1-23-610.

(D) An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a contested case before the Administrative Law Court pursuant to this section, but may appear by an officer or an employee.

(E) All matters pending before the South Carolina Occupational Health and Safety Review Board on the effective date of this act must be transferred to the Administrative Law Court for adjudication, and the South Carolina Occupational Health and Safety Review Board shall no longer provide administrative review.

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