S.C. Code Regs. § 19-718.09

Current through Register Vol. 48, No. 5, May 24, 2024

Section 19-718.09 - APPELLATE REVIEW OF ANY FINAL DECISION

Either party may seek appellate review to the Administrative Law Court from a final decision by the State Human Resources Director denying an appeal or by the State Employee Grievance Committee or mediator-arbitrator.

A. A notice of appeal seeking appellate review to the Administrative Law Court must be initiated within 30 calendar days from receipt of the decision.

B. A notice of appeal seeking appellate review of the final decision may be made by the covered employee to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) of the South Carolina Code of Laws.

C. Only after an agency submits a written request to OHR seeking approval of the Budget and Control Board may the agency file a notice of appeal seeking appellate review to the Administrative Law Court. However, the agency may perfect the appeal only upon approval of the Board.

D. The covered employee or the agency who first files the notice of appeal seeking appellate review of a Committee decision is responsible for preparation of a transcript and paying the costs of preparation of a transcript of the hearing required for certification of the record to the Administrative Law Court.

E. The record for appellate review of a decision made by a mediator-arbitrator shall be limited to the documents which have been submitted by each party and the final written decision of the mediator-arbitrator.

F. The covered employee or the agency who first files the notice of appeal seeking appellate review of a final decision by (1) the State Human Resources Director denying an appeal; (2) the State Employee Grievance Committee; (3) a mediator-arbitrator, is responsible for any costs associated with providing the certification of record for the Administrative Law Court.

G. Neither the Board nor OHR nor the State Human Resources Director nor the Committee nor the mediator-arbitrator may be named in the notice of appeal to the Administrative Law Court to be allowed to intervene to participate in the appeal for appropriate reasons including their interest in defending their policies.

S.C. Code Regs. 19-718.09

Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.