Chapter 19

19-721.03. RECORDS RELEASE A. In response to requests for information from human resources records, agencies may provide, pursuant to the Freedom of Information Act, an employee’s name, date of employment, title, sex, and race. The determination to disclose other types of informa…

19-775.01. Persons Entitled to Bring Proceedings. All permanent State employees meeting the conditions specified in the State Employee Grievance Act of 1982 may bring proceedings before the State Employee Grievance Committee. HISTORY: Amended by State Register Volume 11, Issue No…

19-775.02. Nature of Grievances. Based on Section 8-17-330, 1976 Code of Laws of South Carolina, as amended, grievances shall include dismissals, suspensions, involuntary reassignments, and demotions. Reclassifications, reassign- ments, and transfers to the same pay grade are not…

19-775.03. Appeals. Grievances shall be appealable through the Director of the Office of Human Resources to the State Employee Grievance Committee. The Director of the Office of Human Resources shall assemble all records, reports and documentation of the earlier proceedings on th…

19-775.04. Preliminary Attempt to Resolve Grievance. Once an appeal has been made to the Director of the Office of Human Resources and has been determined to be appealable to the Committee, the Director of the Office of Human Resources or the Director’s designee shall review the …

19-775.05. Notice of Hearings. The Director of the Office of Human Resources shall notify Committee members, Committee Attorney and all other parties concerned of the date, time and place of grievance hearings and request their presence. HISTORY: Amended by State Register Volume …

19-775.06. Records and Papers; Administrative and Clerical Assistance. The Director of the Office of Human Resources shall arrange for the reproduction of pertinent files, records and papers and distribute copies to the members of the Committee that will hear the grievance and to…

19-775.07. Witnesses and Representatives. The following shall apply regarding witnesses and representatives. A. After a grievance appeal has been determined to be grievable to the Committee and has been placed on the Committee’s docket, representatives for the appellant and the a…

19-775.08. Time Limitations for Requested Materials. Any files, records and papers requested by the Director of the Office of Human Resources from the agency should be forwarded no more than ten (10) days following the request. Any other files, records and papers submitted by eit…

19-775.09. Copies of Records. Each employee granted a hearing before the Grievance Committee will receive a copy of the files, records and papers submitted by the agency. In like manner, a copy of any files, records and papers filed by an employee will be sent to the agency. HIST…

19-775.10. Subpoenas; Expenses of Witnesses. The Committee Chairman or his designee is authorized to issue subpoenas for files, records, and papers deemed pertinent to any investigation, and to subpoena witnesses at the request of either party. All subpoenas to be issued relating…

19-775.11. Place of Hearings. Committee hearings shall be held in appropriate facilities within the Office of Human Resources, Columbia, South Carolina, unless otherwise specified by the Committee. HISTORY: Amended by State Register Volume 18, Issue No. 2, eff February 25, 1994; …

19-775.12. Forms to be Used. The Office of Human Resources shall develop standard forms to be used in all grievance procedures. HISTORY: Amended by State Register Volume 18, Issue No. 2, eff February 25, 1994; State Register Volume 19, Issue No. 6, eff June 23, 1995.

19-775.13. Members of Committee. The State Employee Grievance Committee shall consist of 18 members who shall be appointed by the State Budget and Control Board in accordance with the Act. A quorum shall consist of at least four Committee members. No hearing may be conducted with…

19-775.15. Recording of Proceedings. All proceedings before the Committee shall be recorded by the Office of Human Resources. The tape shall be preserved in accordance with the retention schedule of the Office of Human Resources. The tapes will not be transcribed unless the Budge…

19-775.16. Representation by Advisor or Counsel. Each employee involved in an appeal before the Committee may be represented by an advisor or legal counsel. 19-775.17. Conduct of Proceedings. As presiding officer, the Committee Chairman or his designee shall conduct the grievance…

19-775.18. Order of Appearance. The employee shall present his case first followed by the agency. The employee will have the option of closing first or last. HISTORY: Amended by State Register Volume 18, Issue No. 2, eff February 25, 1994.

19-775.19. Oath or Affirmation of Witnesses. The testimony of witnesses shall be under oath or affirmation. 19-775.20. Presence of Witnesses in Hearing Room. Witnesses other than representatives that will be witnesses shall be sequestered and shall not be in the hearing room exce…

19-775.21. Cross-examination of Witnesses. Witnesses may be cross-examined. 19-775.22. Depositions. The testimony of a witness who cannot appear in person may be submitted in the form of a deposition de bene esse. 19-775.23. Recordation of Votes by Committee Members. The vote of …

19-775.30. Disqualification of Committee Members. Whenever a grievance before the Committee is initiated by or involves an employee of an agency of which a Committee member also is an employee, such member shall be disqualified from participating in the hearing. 19-775.31. Electi…

19-775.32. Presiding Officer. The Chairman may designate some other member of the Committee to serve as the presiding officer at a particular hearing in his absence. 19-775.33. Date and Time of Hearing; Postponement. Grievance hearings will be conducted on the date and at the tim…

19-775.34. Promulgation of Regulations. The Committee and the Director of the Office of Human Resources may recommend to the Budget and Control Board that it promulgate these and other regulations as may be necessary to carry out the provisions of the State Employee Grievance Pro…

19-801. Financial and Utilization Data (Annual). A. All required items shall be reported to the Office of Research and Statistics, South Carolina Budget and Control Board, for the period October first through September thirtieth by March first of the following year. B. The format…

19-810. Medical Record Extract Information. A. The data elements will be specified by the Data Oversight Council through Principles and Protocol for the Release of Health Care Data. The Principles and Protocol for the Release of Health Care Data shall allow for review and input b…

19-820. Penalties for Failure to Meet Requirements. A. Pursuant to South Carolina Code Section 44-6-170G, the Office may assess a civil fine for failure to comply with these regulations. B. Failure to provide one record for each discharge (including newborns) according to R.19.81…

19-918. Pro rata Benefits Paid at Death. If a retiree dies between the dates benefit payments are due, the estate of the retiree shall receive on a pro rata basis any unpaid portion of the monthly benefits. 19-925. Interest Rate. Interest shall be credited to the account of each …

19-961. Membership in the System. The Board acted 4-5-79 to adopt the Attorney General’s opinion that former members of the General Assembly may return to covered employment and still remain special contributing members of the Retirement System for Members of General Assembly. 19…