S.C. Code Regs. § § 10-50

Current through Register Vol. 48, No. 10, October 25, 2024

Section 10-50 - Representation before Department Boards and Commissions

A. Parties who appear in administrative hearings in contested cases as defined under S.C. Code Ann. § 1-23-310 before a licensing board administered by the Department may appear and represent themselves, or may appear and be represented by an attorney admitted to practice in this State, either permanently or pro hac vice. Contested cases include, but are not limited to, disciplinary action proceedings pursuant to S.C. Code Ann. § 40-1-90 and licensure application hearings.

B. A party who is not a natural person, such as a business defined in S. C. Code Ann. § 33-1-103, may be represented in a hearing before a licensing board without an attorney admitted to practice in this State only through an officer or employee, including in-house attorneys possessing Limited Certificates of Admission ("Limited Certificate") pursuant to Rule 405, SCACR who:

1. in the case of a person possessing a Limited Certificate, has provided a copy of the Limited Certificate prior to appearance at the Hearing; or

2. in the case of a non-lawyer officer or employee, has provided to a board a written authorization to represent that entity signed by the president, chairperson, general partner, or chief executive officer prior to appearance at the Hearing.

C. A party proceeding without legal representation by an attorney admitted to practice in this State shall remain fully responsible for compliance with the South Carolina Rules of Evidence, the South Carolina Administrative Procedures Act and any statutes or regulations applicable to a licensing board's proceedings.

S.C. Code Regs. § 10-50

Added by State Register Volume 47, Issue No. 05, eff. 5/26/2023.