A panel of not fewer than five commission members, designated by the chairman, must conduct a hearing on the allegations contained in the complaint by the Attorney General within sixty days of its filing, but not sooner than twenty days from the date of the filing of the complaint. The panel, for cause shown, may at any time in its discretion (1) with or without written motion or notice order the period of time prior to the hearing enlarged if request therefor is made before the expiration of the time period as originally prescribed or extended or (2) upon motion made after the expiration of the specified time period, for good cause shown, permit a continuance or further extension.
Notification of the hearing must be sent by certified mail, return receipt requested. The notification of the hearing must include a description of the charges, the date, time, and location of the hearing, and a statement in bold type that a failure to appear may result in revocation of licenses or permits under which the establishment or an agent of the establishment operates. The notice must be sent to the person or group of persons accused of discriminatory conduct as well as to all persons listed in the Attorney General's complaint as having been aggrieved by the alleged discriminatory conduct. The notice also must be sent to any employer, principal, or any third party who may be the holder of a license or permit under which the establishment or an agent of the establishment operates. A license or permit of any party, for whom there is no receipt of the notice showing delivery or attempted delivery of the certified mail, shall not be revoked.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
Structure South Carolina Code of Laws
Title 45 - Hotels, Motels, Restaurants and Boardinghouses
Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations
Section 45-9-20. Exception for private establishments.
Section 45-9-50. Hearing on complaint by Attorney General; notice of hearing.
Section 45-9-70. Right to intervene in action.
Section 45-9-75. Final decision of panel; appeals.
Section 45-9-85. Penalty for violating confidentiality provisions.
Section 45-9-90. Penalty for violating provisions of Article 1.
Section 45-9-100. Action for damages by aggrieved party; minimum damages for violation.
Section 45-9-110. Prerequisites to action for damages; conciliation.