(A) The department must promulgate all regulations described in this chapter and regulations governing procedures at all proceedings, hearings, and appeals before the department or any member or employee of the department, including claims for benefit determinations, and all appeals of determinations regarding those claims, and publish all regulations on an electronic website.
(B) Regulations governing procedures at hearings and appeals before the department shall include, at a minimum:
(1) procedures for seeking a hearing, review, or appeal;
(2) procedures for notifying parties;
(3) evidentiary rules;
(4) procedures for making findings of fact and conclusions of law;
(5) procedures for making and maintaining an appropriate record of interviews and proceedings before the department; and
(6) procedures for seeking review or appeal of the department's decision.
(C) All regulations must be promulgated in accordance with the provisions of Chapter 23, Title 1 of the South Carolina Code of Laws.
HISTORY: 2010 Act No. 146, Section 99, eff March 30, 2010.
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.