The Department of Employment and Workforce Appellate Panel may on its own motion affirm, modify, or set aside a decision of an appeal tribunal on the basis of evidence previously submitted in the case; direct the taking of additional evidence; or permit a party to the decision to initiate further appeals before it. The appellate panel must permit further appeals by a party to a decision of an appeal tribunal and by the examiner whose decision has been overruled or modified by an appeal tribunal. The appellate panel may remove to itself or transfer to another appeal tribunal the proceedings on a claim pending before an appeal tribunal. Proceedings removed to the appellate panel must be heard by a quorum pursuant to the requirements of Sections 41-35-690 and 41-35-720. The appellate panel promptly must notify a party to a proceeding of its findings and decision.
HISTORY: 1962 Code Section 68-161; 1952 Code Section 68-161; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 94, eff March 30, 2010.
Effect of Amendment
The 2010 amendment rewrote this section to authorize the Workforce Department Appellate Panel to review decisions of appeal tribunals.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 35 - Employment And Workforce - Benefits And Claims
Section 41-35-10. Payment of benefits generally.
Section 41-35-30. Payment of benefits in case of death.
Section 41-35-40. Weekly benefit amount; procedure for reconsideration of determinations.
Section 41-35-50. Maximum potential benefits for year.
Section 41-35-60. Weekly benefits for partial unemployment.
Section 41-35-65. Wages paid for previously uncovered services.
Section 41-35-66. Benefits for participants in sports or athletic events.
Section 41-35-67. Benefits to aliens.
Section 41-35-100. Preservation of benefit rights of persons in armed forces.
Section 41-35-110. Conditions of eligibility for benefits.
Section 41-35-115. Service as witness or juror not to constitute disqualification for benefits.
Section 41-35-120. Disqualification for benefits.
Section 41-35-125. Benefits for individuals unemployed as a result of domestic abuse.
Section 41-35-126. Military relocation benefits.
Section 41-35-130. Payments which must not be charged to former employer.
Section 41-35-135. Charge of overpaid benefits to employer's account.
Section 41-35-140. Disclosure regarding child support obligations; deductions from benefits due.
Section 41-35-310. "Extended benefit period" defined.
Section 41-35-320. Payment of extended unemployment security benefits when federally funded.
Section 41-35-330. "State 'on' indicator" and "State 'off' indicator" defined.
Section 41-35-340. "Rate of insured unemployment" defined.
Section 41-35-350. "Regular benefits" defined.
Section 41-35-360. "Additional benefits" defined.
Section 41-35-370. "Extended benefits" defined.
Section 41-35-380. "Eligibility period" defined.
Section 41-35-390. "Exhaustee" defined.
Section 41-35-400. "State law" defined.
Section 41-35-410. Application of provisions relating to regular benefits.
Section 41-35-420. Eligibility for extended benefits.
Section 41-35-430. Weekly extended benefit amount.
Section 41-35-440. Total extended benefit amount.
Section 41-35-610. Procedures must be pursuant to department regulations; duties of employers.
Section 41-35-620. Notice of determination of insured status.
Section 41-35-640. Reconsideration of determinations.
Section 41-35-650. Notification of denial.
Section 41-35-680. Decision on appeal.
Section 41-35-690. Exclusive procedure for appeals.
Section 41-35-700. Appeal tribunals.
Section 41-35-710. Appellate Panel review of appeal tribunal decision.
Section 41-35-720. Conduct of appealed claims.
Section 41-35-730. Fees of subpoenaed witnesses.
Section 41-35-740. Judicial review of department's decision.
Section 41-35-750. Procedure to obtain review.
Section 41-35-760. Publication of department regulations on electronic website.