2015 South Carolina Code of Laws
Title 41 - Labor and Employment
CHAPTER 15 - OCCUPATIONAL HEALTH AND SAFETY
Section 41-15-310. Appeal of Division of Labor decisions to administrative law judge.
(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, 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.
(C) A party aggrieved by the decision of the Administrative Law Court may appeal the decision as provided in Sections 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.
HISTORY: 1962 Code Section 40-271; 1971 (57) 507; 1973 (58) 375; 1974 (58) 2328; 1983 Act No. 113, Section 2; 1993 Act No. 181, Section 977, eff February 1, 1994; 2008 Act No. 188, Section 2, eff January 1, 2009.
Editor's Note
Pursuant to Section 41-3-610, effective February 1, 1994, wherever the term Commissioner of Labor appears or is used, it shall be deemed to mean the Director of the Department of Labor, Licensing, and Regulation or his designee.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor" throughout this section.
The 2008 amendment rewrote this section.
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