Statutes, codes, and regulations
South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABORArticle 10 - REGISTRATION OF IMMIGRATION ASSISTANCE SERVICES AND ILLEGAL ALIENS AND PRIVATE EMPLOYMENT
Subarticle 2 - ILLEGAL ALIENS AND PRIVATE EMPLOYMENT
Section 71-10001 - Administrative Review of Any Revocation, Civil Penalty, or Other Disciplinary Action Against the Employment License of a Private Employer

S.C. Code Regs. § § 71-10001

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Current through Register Vol. 48, No. 10, October 25, 2024
Section 71-10001 - Administrative Review of Any Revocation, Civil Penalty, or Other Disciplinary Action Against the Employment License of a Private Employer
A. Request for Informal Conference. Upon receipt of a notice of revocation, civil penalty, or other disciplinary action, a private employer may request an informal conference for the purpose of discussing any issues raised by an inspection, citation, on notice of proposed sanction. The settlement of any issue at such conference shall be subject to this procedure. 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 with the Administrative Law Court, 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 the regulations of the Administrative Law Court.
B. Conduct of Informal Conference. The Director of the Department of Labor, Licensing and Regulation (LLR) shall designate an informal conference officer to review all issues raised by an inspection, audit, citation, or notice of proposed sanction.
C. Location. Informal conferences may be conducted at the offices of the Department of Labor, Licensing and Regulation or by telephone or video conference.
D. Time. Informal conferences will be conducted as soon as possible after such request is made.
E. Decision. To the extent possible a decision of the informal conference officer will be made at the close of the informal conference and communicated promptly to the private employer.
F. Any employer to whom a notice of revocation, civil penalty, or other disciplinary action has been issued may serve a request for a contested case hearing concerning such revocation, civil penalty, or other disciplinary action, or any combination thereof in accordance with the rules of procedure of the Administrative Law Court.
G. Where the private employer fails to file a request for a contested case hearing within thirty (30) days of receipt of the notice of revocation, civil penalty, or other disciplinary action, the notice shall be deemed a final order of the Department not subject to administrative review unless good cause is shown for such failure. Where the request for a contested case hearing is made later than the period specified, the Department may nevertheless waive any objection to the late protest, if there was good cause for such delay and the delay was not excessive.

S.C. Code Regs. § 71-10001

Added by State Register Volume 34, Issue No. 3, eff March 26, 2010.