South Carolina Code 42-1-705. Employer’s Answer to Request for Hearing (Form 51); specificity as to possible defenses
(B) Nothing in this section prohibits a commissioner from considering a defense not listed on a Form 51 if:
Terms Used In South Carolina Code 42-1-705
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
(1) it is proven to the satisfaction of the commissioner that the defendants had no knowledge of the facts supporting the defense on the date of the completion of the Form 51; and
(2) in the case of represented defendants, the defense omitted on the Form 51 is set forth on the commission’s Prehearing Brief form, and such brief is timely filed with the commission and timely served upon the parties.
(C) A Form 51 must be signed by an attorney, verifying that the contents of the form are accurate and true to the best of the attorney’s knowledge. If the employer is unrepresented and completes a Form 51, the employer must sign the form, verifying that the contents are accurate and true to the best of the employer’s knowledge.