In contested cases:
(1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Except in proceedings before the Industrial Commission the rules of evidence as applied in civil cases in the court of common pleas shall be followed. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;
(3) Any party may conduct cross-examination;
(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.
HISTORY: 1977 Act No. 176, Art. II, Section 3; 1979 Act No. 188, Section 6.
Structure South Carolina Code of Laws
Title 1 - Administration of the Government
Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases
Section 1-23-30. Filing of documents with Legislative Council; public inspection; distribution.
Section 1-23-40. Documents required to be filed and published in State Register.
Section 1-23-50. Legislative Council to establish procedures.
Section 1-23-70. Duty of Attorney General.
Section 1-23-80. Costs incurred and revenues collected by Legislative Council.
Section 1-23-90. Complete codifications of documents; Code of State Regulations designated.
Section 1-23-125. Approval, disapproval and modification of regulations.
Section 1-23-126. Petition requesting promulgation, amendment or repeal of regulation.
Section 1-23-130. Emergency regulations.
Section 1-23-140. Duties of state agencies; necessity for public inspection.
Section 1-23-150. Appeals contesting authority of agency to promulgate regulation.
Section 1-23-160. Prior filed regulations unaffected.
Section 1-23-280. Small Business Regulatory Review Committee; membership; terms.
Section 1-23-300. Applicability.
Section 1-23-310. Definitions.
Section 1-23-330. Evidentiary matters in contested cases.
Section 1-23-350. Final decision or order in contested case.
Section 1-23-360. Communication by members or employees of agency assigned to decide contested case.
Section 1-23-370. Procedures regarding issuance, denial or renewal of licenses.
Section 1-23-380. Judicial review upon exhaustion of administrative remedies.
Section 1-23-390. Supreme Court review.
Section 1-23-400. Application of article.
Section 1-23-500. South Carolina Administrative Law Court created; number of judges.
Section 1-23-505. Definitions.
Section 1-23-510. Election of judges; terms.
Section 1-23-520. Eligibility for office.
Section 1-23-525. Members of General Assembly disqualified for office of law judge.
Section 1-23-530. Oath of office.
Section 1-23-535. Official seal.
Section 1-23-540. Compensation; full-time position.
Section 1-23-570. Chief Judge responsible for administration of division.
Section 1-23-580. Clerk of division; assistants to administrative law judges; other staff.
Section 1-23-590. Appropriation of funds.
Section 1-23-600. Hearings and proceedings.
Section 1-23-630. Powers of law judges.
Section 1-23-640. Principal offices of court; where cases heard.
Section 1-23-650. Promulgation of rules.
Section 1-23-670. Filing fees.
Section 1-23-680. Cost of South Carolina Code, supplements, and replacement volumes.