S.C. Code Regs. § § 71-209

Current through Register Vol. 48, 12, December 27, 2024

Section 71-209 - Modification, Revocation, and Renewal of Rules or Order

A. Modification or Revocation. An affected employer or an affected employee may apply in writing to the Commissioner for a modification or revocation of a rule or order issued under this subarticle. The petition shall contain:

(1) the name and address of the petitioner;

(2) a description of the relief which is sought;

(3) a statement setting forth with particularity the grounds for relief;

(4) if the petitioner is an employer, a certification that the petitioner has informed his affected employees of the petition by:

(a) giving a copy thereof to their authorized representative; and

(b) posting at the place or places where notices to employees are normally posted, a statement giving a summary of the application and specifying where a copy of the full petition may be examined (or, in lieu of the summary, posting a copy of the petition);

(5) if the petitioner is an affected employee, a certification that a copy of the petition has been furnished to the employer;

(6) any request for a hearing as provided in this subarticle, R. 71-218;

(7) the Commissioner may on his own motion proceed to modify or revoke a rule or order issued under this subarticle. In such event a copy shall be placed on file in the office of the Commissioner, Columbia, South Carolina, and the Commissioner shall publish in at least one newspaper with general circulation, a notice of his intentions, affording interested persons an opportunity to submit written or oral evidence, testimony or arguments regarding the proposal and informing them of their right to request a hearing, and shall take such action as may be appropriate to give actual notice to affected employees; and

(8) any request for a hearing shall include a clear and concise statement of:

(a) how the proposed modification or revocation would affect the petitioning party; and

(b) what the petitioning party would seek to show on the subjects or issues involved.

B. Renewal. Any final rule or order issued under paragraph A of this regulation may be renewed or extended in the manner prescribed for its issuance.

S.C. Code Regs. § 71-209