ORDERS:
ORDER OF DISMISSAL (Proposed Regulation)
By letter dated May 15, 2002, the South Carolina Department of Labor, Licensing and Regulation ("Department")
requested that the hearing on the proposed regulation referenced above currently scheduled for July 23, 2002, be postponed
for a second time. In its request for a continuance, the Department informed this tribunal that the proposed regulation is not
ready for submission to the State Register and that once the regulation is ready for publication, a new hearing date will be
requested. Rather than being continued a second time, this matter must be dismissed.
This matter was originally transmitted to the Administrative Law Judge Division (ALJD) on March 26, 2002. The drafting
notice was published in the State Register on March 22, 2002, and the full regulation was to be published in the State
Register on April 26, 2002. As requested by the Department, a hearing on the proposed regulation pursuant to S.C. Code
Ann. § 1-23-111 (Supp. 2001) was scheduled in June 2002. However, by letter dated April 30, 2002, the Department
advised this tribunal that the proposed regulation had not been published in the April 26, 2002 State Register and that the
regulation was still not ready for publication. Accordingly, the Department requested that the hearing before this tribunal
be continued indefinitely until the proposed regulation was ready for publication. By an Order dated May 2, 2002, this
tribunal granted this continuance request, although the time for refiling was limited to 45 days. By a letter dated May 7,
2002, the Department stated that the proposed regulation would be published in the May 24, 2002 State Register and again
requested a hearing on the proposed regulation referenced above. The new hearing was scheduled, as requested by the
Department, in July 2002.
As noted, in a May 15, 2002 letter, the Department informed this tribunal that the proposed regulation was not published in
the May 24, 2002 State Register and that the regulation is still not ready for submission. Consequently, the Department
seeks another continuance of the hearing on the proposed regulation. This second continuance is not warranted. If the
proposed regulation has not been finalized and if the Department has prematurely requested a hearing on the proposed
regulation, the request for a hearing should simply be withdrawn and this matter dismissed, rather than indefinitely
continued. Further, such a dismissal would not prohibit the Department from refiling a request for a hearing with the ALJD
when the proposed regulation is, in fact, finalized and ready for publication in the State Register.
IT IS THEREFORE ORDERED that the hearing on the proposed regulation referenced above scheduled for Tuesday,
July 23, 2002, is CANCELED, and this matter is DISMISSED without prejudice. Once the proposed regulation is
completed and ready for submission to the State Register, the Department may refile its request for a hearing with the
ALJD.
AND IT IS SO ORDERED.
____________________________________
JOHN D. GEATHERS
Administrative Law Judge
May 21, 2002
Columbia, South Carolina |
