(A) Rules governing the internal administration and operations of the Administrative Law Court must be: (1) proposed by the chief judge of the court and adopted by a majority of the judges of the court; or (2) proposed by any judge of the court and adopted by seventy-five percent of the judges of the court. (B) Rules governing practice and procedure before the court which are: (1) consistent with the rules of procedure governing civil actions in courts of common pleas; and (2) not otherwise expressed in Chapter 23, Title 1; upon approval by a majority of the judges of the court must be promulgated by the court and are subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution. (C) All hearings before an administrative law judge must be conducted exclusively in accordance with the rules of procedure promulgated by the court pursuant to this section. All other rules of procedure for the hearing of contested cases or appeals by individual agencies, whether promulgated by statute or regulation, are of no force and effect in proceedings before an administrative law judge. HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. by individual agencies, whether promulgated by statute or regulation, are of no force and effect in proceedings before an administrative law judge. HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Section 2; 1998 Act No. 359, Section 5; 2006 Act No. 387, Section 6, eff July 1, 2006.
South Carolina Legal Code