(A) Within thirty days after receipt of a citation, notice of penalty, or notice of abatement issued by the Division of Labor pursuant to the authority of this chapter, any aggrieved party may request a contested case hearing before the Administrative Law Court in accordance with Articles 3 and 5 of Chapter 23, Title 1 and the Rules of the Administrative Law Court. The parties to the contested case are the Division of Labor and any aggrieved employer, employee, or employee representative who requests a contested case hearing.
(B) Hearings must be conducted according to the Rules of the Administrative Law Court.
(C) A party aggrieved by the decision of the Administrative Law Court may appeal the decision as provided in Sections 1-23-380 and 1-23-610.
(D) An individual, partnership, corporation, or other business entity is not required to be represented by an attorney when appearing in a contested case before the Administrative Law Court pursuant to this section, but may appear by an officer or an employee.
(E) All matters pending before the South Carolina Occupational Health and Safety Review Board on the effective date of this act must be transferred to the Administrative Law Court for adjudication, and the South Carolina Occupational Health and Safety Review Board shall no longer provide administrative review.
HISTORY: 1962 Code Section 40-271; 1971 (57) 507; 1973 (58) 375; 1974 (58) 2328; 1983 Act No. 113, Section 2; 1993 Act No. 181, Section 977, eff February 1, 1994; 2008 Act No. 188, Section 2, eff January 1, 2009.
Effect of Amendment
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor" throughout this section.
The 2008 amendment rewrote this section.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 15 - Occupational Health And Safety
Section 41-15-10. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.
Section 41-15-50. Repealed by 2010 Act No. 137, Section 8, eff March 31, 2010.
Section 41-15-90. Employers shall inform employees of protections and obligations; exceptions.
Section 41-15-100. Exposure of employees to potentially harmful materials.
Section 41-15-210. Director may promulgate, modify, or revoke rules and regulations.
Section 41-15-230. Effective dates.
Section 41-15-240. Temporary permits for variances.
Section 41-15-250. Permits for permanent variances.
Section 41-15-270. Subpoenas and taking testimony.
Section 41-15-280. Citation for violation; notice in lieu of citation.
Section 41-15-290. Correction of dangerous conditions or practices; injunctions; mandamus.
Section 41-15-300. Notice of penalties.
Section 41-15-310. Appeal of Division of Labor decisions to administrative law judge.
Section 41-15-330. Action when penalty is not paid within thirty days.
Section 41-15-520. Remedies of an employee charging discrimination.
Section 41-15-600 to 41-15-640. Repealed by 2008 Act No. 188, Section 3, eff January 1, 2009.