S.C. Code Regs. § § 71-406
Current through Register Vol. 48, No. 10, October 25, 2024
Section 71-406 - Informal ConferenceA. Authority. At the request of either the employer, an affected employee, or representative of employees, the Informal Conference Hearing Officer or his designee may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of penalty, or notification of failure to abate violation. The settlement of any issue at such conference shall be subject to these rules and regulations of procedure. If the conference is requested by the employer, an affected employee or his representative shall be afforded an opportunity to participate, at the discretion of the Administrator or his designee. Any party may be represented by legal counsel. No such conference or request for conference shall operate as a stay of the thirty (30) day period for filing a request for a contested case hearing, and no such conference or request for conference will be held or accepted subsequent to receipt of a request for a contested case hearing as defined in Articles 3 and 5 of Chapter 23, Title 1 and the rules of the Administrative Law Court.B. Informal Conference Procedures-If the request for a contested case hearing is not filed pursuant to subsection A., the Informal Conference procedure is as follows: 1. Requesting Informal Conference. Request for an informal conference may be made orally or in writing to the Informal Conference Hearing Officer.2. Location. Informal conferences shall be conducted by the Informal Conference Hearing Officer and held at the South Carolina Department of Labor, Licensing, and Regulation. At the request of an employer, an alternate site may be designated upon approval by the Administrator.3. Time. Informal conferences will be scheduled upon request. All conferences will be held and decisions rendered within the thirty (30) day contest period.4. Decision. A decision of the Informal Conference Hearing Officer or his designee will be made at the close of the informal conference and communicated promptly to the parties as close to the informal conference as possible and within the thirty (30) day contest period.C. Informal Settlement Agreement. Informal Settlement Agreement is the product of an agreement between both parties, which include the parameters of such settlement and signatures of both parties. This agreement serves as a final order in lieu of contest, which the employer waives by entry into this agreement.D. The Informal Conference Hearing Officer. The Informal Conference Hearing Officer may enter into a settlement agreement which amends any previous citations, penalties, and abatement dates. Such settlement agreements will be in writing, signed by both parties, and within the thirty (30) day contest period.Amended by State Register Volume 38, Issue No. 6, eff 6/27/2014.