South Carolina Code 1-23-320. Notice and hearing in contested case; depositions; subpoenas; informal disposition; content of record
(B) The notice must include a:
Terms Used In South Carolina Code 1-23-320
- Agency: means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive department of state government, including administrative bodies and bodies corporate and politic established as an instrumentality of the State. See South Carolina Code 1-6-10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) statement of the time, place, and nature of the hearing;
(2) statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) reference to the particular sections of the statutes and rules involved;
(4) short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement must be furnished.
(C) A party to these proceedings may cause to be taken the depositions of witnesses within or without the State and either by commission or de bene esse. Depositions must be taken in accordance with and subject to the same provisions, conditions, and restrictions as apply to the taking of like depositions in civil actions at law in the court of common pleas; and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony, the transmission and certification of it, and matters of practice relating to it apply.
(D) The agency hearing a contested case may issue subpoenas in the name of the agency for the attendance and testimony of witnesses and the production and examination of books, papers, and records on its own behalf or, upon request, on behalf of another party to the case.
A party to the proceeding may seek enforcement of or relief from an agency subpoena before the Administrative Law Court pursuant to § 1-23-600(F).
(E) Opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.
(F) Unless precluded by law, informal disposition may be made of a contested case by stipulation, agreed settlement, consent order, or default.
(G) The record in a contested case must include:
(1) all pleadings, motions, intermediate rulings, and depositions;
(2) evidence received or considered;
(3) a statement of matters officially noticed;
(4) questions and offers of proof, objections, and rulings on the contested case;
(5) proposed findings and exceptions;
(6) any decision, opinion, or report by the officer presiding at the hearing.
(H) Oral proceedings or any part of the oral proceedings must be transcribed on request of a party.
(I) Findings of fact must be based exclusively on the evidence and on matters officially noticed.