South Carolina Administrative Code

9-100.240. Settlement; Alternative Dispute Resolution. A. Availability. The parties shall have the opportunity to submit a settlement to the Adjudicator or submit a request for alternative dispute resolution under section D. B. Form. A settlement shall be in the form of a propose…

9-100.3. Construction and Modification or Waiver of Rules. A. These rules shall be liberally construed so as to secure the fair, expeditious, and least costly determination of all proceedings, consistent with consideration of the issues involved and protection of the rights of al…

9-100.30. Rights of [Docketed Party], Intervenor, and Limited Participant. A. The rights of a [Docketed Party] are determined by statute, these rules, and other applicable law. B. An intervenor’s right to participate as a party may be restricted by order of the Adjudicator pursua…

9-100.300. Scheduling and Notice of Hearing.

9-100.310. Failure of Party to Appear. A decision may be entered against a party failing to appear at a hearing unless such party shows good cause for the failure to appear. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.320. Evidence: Admissibility. The Adjudicator shall admit, consider, or exclude evidence in accordance with S.C. Code Ann. Section 1-23-330 and the S.C. Rules of Evidence. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.322. Evidence: Confidential and Sensitive Information. A. Without limiting the discretion of the Adjudicator to give effect to applicable privileges, the Adjudicator may limit introduction of evidence or issue such protective or other orders that in her/his judgment are req…

9-100.324. Evidence: Stipulations. The parties may by stipulation in writing at any stage of the proceeding or orally at the hearing agree upon any pertinent facts in the proceeding. Stipulations may be received in evidence before, or at, the hearing and, when received in evidenc…

9-100.325. Evidence: Written Testimony. To the extent permitted by S.C. Code Ann. Section 1-23-330 and the S.C. Rules of Evidence, the Adjudicator may accept and enter into the record direct testimony of witnesses made by verified written statement rather than by oral presentatio…

9-100.326. Evidence: Exhibits and Documents. A. All exhibits shall be numbered and marked with a designation identifying the sponsor. The original of each exhibit offered in evidence or marked for identification shall be filed and retained in the docket of the proceeding, unless …

9-100.327. Evidence: Witness Fees; Oath or Affirmation; Refusal to Testify. A. Fees. Witnesses, other than employees of a state agency, summoned in an adjudication shall receive the same fees and mileage as witnesses in the courts of South Carolina. B. Oath or Affirmation. Witnes…

9-100.328. Burden of Going Forward with Evidence. The proponent of a factual proposition shall have the burden of introducing evidence to support that proposition. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.329. Burden of Proof. In all proceedings under this act, the burden of proof shall be by a preponderance of the evidence standard. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.330. Closing of Record. At the conclusion of the hearing, the record shall be closed unless the Adjudicator directs otherwise. Once the record is closed, no additional evidence shall be accepted except upon a showing that the evidence is material and that there was good cau…

9-100.340. Proposed Findings; Closing Arguments; Briefs. Before the Adjudicator’s decision and upon such terms that the Adjudicator may find reasonable, any party shall be entitled to file a brief, propose findings of fact and conclusions of law, or do both. At the close of the h…

9-100.350. Record of Hearing. All hearings shall be recorded. Exhibits shall be incorporated into the record. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.360. Decision of Adjudicator. A. The Adjudicator shall prepare a decision containing: 1. findings and conclusions, and the reasons or bases therefor, on all material issues of fact, law, or discretion presented on the record; 2. an order as to the final disposition of the c…

9-100.40. Representation. A. Any person may appear in an adjudication on her/his/its own behalf or by an attorney. B. An attorney must be a member in good standing of the bar of the State of South Carolina. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June…

9-100.400. Interlocutory Review.

9-100.410. Petitions for Review. A. Any person adversely affected or aggrieved by the Adjudicator’s decision may file with SCIAA a petition for review within thirty (30) days after issuance of the Adjudicator’s initial decision. Two or more parties may join in the same petition. …

9-100.420. Appellate Briefs. A. Unless SCIAA directs otherwise, a party shall file a brief in support of its petition for review within thirty (30) days after SCIAA grants the petition. If a petitioner fails to file a timely brief, the order granting review may be vacated. Other …

9-100.430. Oral Argument. SCIAA may permit oral argument in its discretion. The order scheduling a case for oral argument will contain the allotment of time for each party and order of presentation for oral argument before SCIAA. HISTORY: Added by State Register Volume 22, Issue …

9-100.440. Final Decision. A. If no petitions for review are filed, and SCIAA has not taken review of the Adjudicator’s decision on its own initiative, the decision shall become effective and will be the final decision of SCIAA forty-six (46) days after issuance. B. When a case s…

9-100.450. Reconsideration. A. Any party to a proceeding may file a motion for reconsideration of a final order issued by SCIAA. B. Unless the time is shortened or enlarged by SCIAA, motions for reconsideration shall be filed within thirty (30) days after service of the final ord…

9-100.50. Service of Documents. A. Service by SCIAA. SCIAA or the Adjudicator shall serve one copy of all orders, notices, decisions, rulings on motions, and similar documents issued by SCIAA or the Adjudicator upon each party and limited participant in accordance with section C.…

9-100.51. Filing of Documents and Other Materials. A. All documents, and other materials relating to an adjudication, shall be filed with the Office of the Director of SCIAA. 1321 Pendleton Street Columbia, SC 29208 (803) 777-8170 (voice) (803) 734-0566 (voice) (803) 254-1338 (fa…

9-100.52. Form and Content of Filed Documents. A. Necessary Information. A filed document shall state clearly: 1. that it is a SCIAA matter, 2. the name of the proceeding, 3. the name and designation (such as ‘‘applicant,’’ ‘‘petitioner,’’ or ‘‘respondent’’) of the filing party, …

9-100.53. Amendment or Supplementation of Filed Documents. A. A party shall amend or supplement a previously filed document if the party learns of a change in the facts that may affect the outcome of the adjudication. B. The Adjudicator may approve other amendments or supplements…

9-100.60. Time Computation. A. In computing any period of time prescribed in these rules, the day from which the designated period begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or State or federal ho…

9-100.70. Motions. A.1. All motions shall state the specific relief requested and the basis therefor and, except as provided in paragraph 2. below, shall be in writing. 2. Unless otherwise ordered by the Adjudicator, a motion may be made orally during a conference or the hearing.…

9-100.71. Subpoenas. Upon request of a party, the Adjudicator may issue a subpoena requiring: A. attendance of a witness for purpose of giving testimony, and B. production of documents or things for inspection or other purposes. Upon motion of a person served with a subpoena (or …

9-100.80. Withdrawal or Dismissal. A. Withdrawal. 1. An adjudication may be withdrawn without an order of the Adjudicator, a. by the filing of a stipulation of all parties who have appeared in the adjudication, or b. by the filing of a notice of withdrawal by the [party initiatin…

10-10. Contractor’s Licensing Board. The Board shall charge the following fees: A. Contractors - General and Mechanical 1. Initial License Fee: $350 2. Biennial Renewal Fee: $135 3. Reinstatement: $350 4. Late Payment Penalties: a. Up to 30 days: $100 b. 31-60 days: $150 c. 61-90…

10-11. Board of Cosmetology. [Reserved] HISTORY: Added by State Register Volume 38, Issue No. 6, Doc. No. 4437, eff June 27, 2014.

10-12. Board of Dentistry. The Board shall charge the following fees: 1. Application Fees for Licensure/Registration a. General Dentist: (1) By Clinical Examination: $300 (2) By Credentials: $2000 (3) By Credentials with Waiver: $500 b. Dental $300 Special- ty: c. Dental $150 Hy-…

10-13. Panel for Dietetics. The Panel shall charge the following fees: A. Application: $175 B. Biennial Renewal of License: $100 C. Late Renewal Fee: $50 up to thirty days D. Reinstatement Fee: $50 in addition to the renewal and late renewal fees E. Miscellaneous: 1. Replacement …

10-14. Board of Registration for Professional Engineers and Surveyors. The Board shall charge the following fees: (1) Application Fee, Individual License: (a) Engineer-in-Training: NO FEE (b) Professional Engineer by Comity: $60 (c) Professional Engineer by Exam: $55 (d) Temporar…

10-15. Environmental Certification Board. The Board shall charge the following fees: Biological Wastewater Treatment Operator Application: $50 Biological Wastewater Treatment Operator Certification by Reciprocity: $50 Biological Wastewater Treatment Operator Renewal: $30 Bottled …

10-16. Board of Registration for Foresters. The Board’s fees are as follows: (1) Application $50 (2) Registration (biennial) $130 (3) Initial License (including application and licensure fee) $180 (4) Biennial renewal $130 (5) Late fee (after June 30 through September 30) $50 (6)…

10-17. Board of Funeral Service. The Board shall charge the following fees: (1) Initial Application and License Fee (a) Funeral Director Apprentice $65 (b) Embalmer Apprentice $65 (c) Embalmer $130 (d) Funeral Director $130 (e) Dual Application $195 (f) Endorsed Funeral Director …

10-18. Board of Registration for Geologists. The Board shall charge the following fees: A. Application Fees 1. Geologist-in-Training $75 2. Professional Geologist $200 B. Renewal Fees 1. Professional Geologist $300 2. Late Renewal from July 1-December 31: Renewal plus fifty (50%)…

10-19. Board of Landscape Architectural Examiners. The Board shall charge the following fees: A. Initial license fee: $50 B. Biennial license renewal fee: $200 C. Initial certificate of authorization fee: $200 D. Biennial certificate of authorization renewal fee: $400 E. Temporar…

10-2. Board of Accountancy. The Board shall charge the following fees: 1. Individual Application Fee: $50 2. Individual License: a. CPA $95 b. Accounting Practitioner: $95 3. Annual Renewal of Individual License: a. CPA/PA: $95 b. Accounting Practitioner: $95 4. Individual Licens…

10-20. Liquefied Petroleum Gas Board. The Board shall charge the following fees: 1. LP-Gas Dealer (License) $400 biennially 2. LP-Gas Installer (License) $200 biennially 3. LP-Gas Reseller (License) $150 biennially 4. LP-Gas Transporter (License) $500 biennially 5. LP-Gas Utility…

10-21. Long Term Health Care Administrators Board. The Board shall charge the following fees: A. Nursing Home Administrator’s Fee Schedule: 1. Application for Licensure: $200 2. Application for Re-examination: $135 3. Provisional License: $500 4. Initial License: $175 5. Biennial…

10-22. Manufactured Housing Board. The Board shall charge the following fees: A. Biennial Licensing Fees: 1. Manufacturer: $300 2. Retail Dealer: $100 3. Salesperson: $50 4. Multi-Lot Salesperson: $100 5. Contractor: $100 6. Installer: $100 7. Repairer: $100 8. Apprentice Salespe…

10-23. Advisory Panel for Massage/Bodywork. The Panel shall charge the following fees: A. Application fee: Not to exceed $50 B. Initial Licensure fee: Not to exceed $100 C. Biennial renewal fee: Not to exceed $200 D. Re-examination fee: Not to exceed $250 E. Application and provi…

10-24. Board of Medical Examiners. The Board shall charge the following fees: (A) Physicians: (1) Academic License— $150 (a) Renewal— $150 (2) Limited License- $75 (6 mo.), $130(1 year) (a) Renewal— $75 (6 mo.), $130 (1 year) (b) 14 days— $70 (3) Permanent License— $500 (a) Bienn…

10-25. Board of Nursing. The Board shall charge the following fees: a. R.N. Examination: $90 R.N. Endorsement: $100 R.N. Re-examination: $65 L.P.N. Examination: $70 L.P.N. Endorsement: $100 L.P.N. Re-examination: $45 R.N. and L.P.N. Renewals: $75 R.N. and L.P.N. Reinstatements: $…

10-26. Board of Occupational Therapy. The Board shall charge the following fees: A. Application fee: 1. Occupational Therapist: $135 2. Occupational Therapy Assistant: $115 B. Biennial license renewal: 1. Occupational Therapist: $100 2. Occupational Therapy Assistant: $80 C. Late…