This section does not create a right to jury trial where one does not already exist. Where a debtor otherwise is entitled to have a jury determine the issue of indebtedness, that right is preserved specifically. If a right to a jury trial already exists and the debtor wishes to exercise that right, the debtor is not required to request a contested case hearing before the Administrative Law Court but instead must file a summons and complaint in the Court of Common Pleas and serve the pleadings on the claimant agency within thirty days from the date of the hearing officer's determination. The summons and complaint must name the claimant agency as a defendant and the allegations of the complaint must contest the debt and any potential setoff.
HISTORY: 1999 Act No. 114, Section 3.
Structure South Carolina Code of Laws
Chapter 56 - Setoff Debt Collection Act
Section 12-56-10. Short title.
Section 12-56-20. Definitions.
Section 12-56-40. Choice of claimant agency as to use of or participation in setoff program.
Section 12-56-60. Notification by claimant agency; refund determinations; department liability.
Section 12-56-62. Notice of intention to setoff debt; form, delivery and presumption.
Section 12-56-63. Protest procedure; administrative fees.
Section 12-56-67. Jury trial rights.
Section 12-56-70. Priority of claims to refund.
Section 12-56-100. Indemnification of department by agency.
Section 12-56-110. Department regulations, forms and procedures permitted.