reglab/housing_qa huggingface dataset:
SC Code § 41-35-690 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 35 - Employment And Workforce - Benefits And Claims|Section 41-35-690. Exclusive procedure for appeals.

 The procedure provided in this chapter for appeals from a determination or redetermination to the appeal tribunal and for appeals from the tribunal, first to the Department of Employment and Workforce Appellate Panel, as established by Section 41-29-300, and afterward to the administrative law court, pursuant to Section 41-29-300(C)(1), is the sole and exclusive appeal procedure.  HISTORY: 1962 Code Section 68-159; 1952 Code Section 68-159; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1972 (57) 2309; 2010 Act No. 146, Section 92, eff March 30, 2010.  Effect of Amendment  The 2010 amendment rewrote this section, relating to appeals to the Workforce Department Appellate Panel and then to the administrative law court.
SC Code § 41-35-700 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 35 - Employment And Workforce - Benefits And Claims|Section 41-35-700. Appeal tribunals.

 (A) To hear and decide appeal claims, the executive director must appoint one or more impartial appeal tribunals consisting of either:  (1) a referee, selected pursuant to Section 41-29-70; or  (2) a body consisting of three members, one of whom:  (a) must be a referee who must serve as chairman;  (b) one of whom must be a representative of employers; and  (c) the third of whom must be a representative of employees.  (B) Each of the latter two members shall serve at the pleasure of the executive director and shall be paid a per diem as fixed in the annual state appropriation act for boards, commissions, and committees for each day of active service on a tribunal plus necessary expenses, as fixed in the annual appropriation act. A person must not participate on behalf of the department in any case in which he is an interested party. The department may designate alternates to serve in the absence or disqualification of a member of an appeal tribunal. The chairman must act alone in the absence or disqualification of another member and his alternate. The hearings must not proceed unless the chairman of the appeal tribunal is present.  HISTORY: 1962 Code Section 68-160; 1952 Code Section 68-160; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 93, eff March 30, 2010.  Effect of Amendment  The 2010 amendment rewrote this section to add subsection designations, and to authorize the executive director and the department to appoint and oversee appeal tribunals.
SC Code § 41-35-710 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 35 - Employment And Workforce - Benefits And Claims|Section 41-35-710. Appellate Panel review of appeal tribunal decision.

 The Department of Employment and Workforce Appellate Panel may on its own motion affirm, modify, or set aside a decision of an appeal tribunal on the basis of evidence previously submitted in the case; direct the taking of additional evidence; or permit a party to the decision to initiate further appeals before it. The appellate panel must permit further appeals by a party to a decision of an appeal tribunal and by the examiner whose decision has been overruled or modified by an appeal tribunal. The appellate panel may remove to itself or transfer to another appeal tribunal the proceedings on a claim pending before an appeal tribunal. Proceedings removed to the appellate panel must be heard by a quorum pursuant to the requirements of Sections 41-35-690 and 41-35-720. The appellate panel promptly must notify a party to a proceeding of its findings and decision.  HISTORY: 1962 Code Section 68-161; 1952 Code Section 68-161; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 94, eff March 30, 2010.  Effect of Amendment  The 2010 amendment rewrote this section to authorize the Workforce Department Appellate Panel to review decisions of appeal tribunals.
SC Code § 41-35-720 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 35 - Employment And Workforce - Benefits And Claims|Section 41-35-720. Conduct of appealed claims.

 The department must promulgate regulations establishing rules of procedure for proceedings, hearings, and appeals to the appellate panel and the appeal tribunals pursuant to Section 41-35-790. The rules of procedure must address the manner for determining the rights of each party to an appeal. The rules of procedure are not required to conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record must be kept of all proceedings in connection with an appealed claim. Testimony at a hearing before an appeals tribunal on an appealed claim must be recorded but must not be transcribed unless the claim is appealed to the appellate panel.  HISTORY: 1962 Code Section 68-162; 1952 Code Section 68-162; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1966 (54) 2640; 2010 Act No. 146, Section 95, eff March 30, 2010.  Effect of Amendment  The 2010 amendment rewrote this section to authorize the department to promulgate rules of procedure for the appellate panel and appeal tribunals.
SC Code § 41-35-730 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 35 - Employment And Workforce - Benefits And Claims|Section 41-35-730. Fees of subpoenaed witnesses.

 Witnesses subpoenaed pursuant to this article must be allowed fees and mileage at a rate fixed by the department, which must not exceed that allowed for witnesses by the administrative law court. These fees must be considered a part of the expense of administering Chapters 27 through 41 of this title.  HISTORY: 1962 Code Section 68-163; 1952 Code Section 68-163; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 96, eff March 30, 2010.  Effect of Amendment  The 2010 amendment substituted "department" for "Commission"; substituted "by the administrative law court" for "in the court of common pleas in the county in which a hearing is held"; and made other nonsubstantive changes.
SC Code § 41-35-740 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 35 - Employment And Workforce - Benefits And Claims|Section 41-35-740. Judicial review of department's decision.

 A decision of the department, in the absence of an appeal from it as provided in this article, becomes final ten days after the date of notification or mailing of it, and judicial review is permitted only after a party claiming to be aggrieved by it has exhausted his administrative remedies as provided by Chapters 27 through 41 of this title. The department must be considered to be a party to a judicial action involving a decision and may be represented in the judicial action by a qualified attorney employed by the department and designated by the department for that purpose or, at the department's request, by the Attorney General.  HISTORY: 1962 Code Section 68-164; 1952 Code Section 68-164; 1942 Code Section 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 2010 Act No. 146, Section 97, eff March 30, 2010.  Effect of Amendment  The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes throughout the section.
SC Code § 41-35-760 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 35 - Employment And Workforce - Benefits And Claims|Section 41-35-760. Publication of department regulations on electronic website.

 (A) The department must promulgate all regulations described in this chapter and regulations governing procedures at all proceedings, hearings, and appeals before the department or any member or employee of the department, including claims for benefit determinations, and all appeals of determinations regarding those claims, and publish all regulations on an electronic website.  (B) Regulations governing procedures at hearings and appeals before the department shall include, at a minimum:  (1) procedures for seeking a hearing, review, or appeal;  (2) procedures for notifying parties;  (3) evidentiary rules;  (4) procedures for making findings of fact and conclusions of law;  (5) procedures for making and maintaining an appropriate record of interviews and proceedings before the department; and  (6) procedures for seeking review or appeal of the department's decision.  (C) All regulations must be promulgated in accordance with the provisions of Chapter 23, Title 1 of the South Carolina Code of Laws.  HISTORY: 2010 Act No. 146, Section 99, eff March 30, 2010.
SC Code § 41-37-10 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 37 - Employment And Workforce - Employer's Coverage|Section 41-37-10. Period of coverage generally.

 Except as provided in Section 41-37-20, any employing unit which is or becomes an employer subject to Chapters 27 through 41 of this Title within any calendar year shall be subject to such chapters during the whole of such calendar year.  HISTORY: 1962 Code Section 68-251; 1952 Code Section 68-251; 1942 Code Section 7035-88; 1936 (39) 1716; 1939 (41) 487.
SC Code § 41-37-20 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 37 - Employment And Workforce - Employer's Coverage|Section 41-37-20. Election as to coverage.

 (A) An employing unit not otherwise subject to Chapters 27 through 41 of this title, which files with the department its written election to become an employer subject to these chapters for not less than two calendar years, with the written approval of the election by the department, must become an employer subject to the same extent as all other employers as of the date stated in the approval and must cease to be subject to these chapters as of January first of a calendar year subsequent to the two calendar years if by the thirtieth day of April of that year it has filed with the department a written notice to that effect.  (B) An employing unit, for which services that do not constitute employment as defined in Chapters 27 through 41 of this title are performed, may file with the department a written election that services performed by an individual in its employment in one or more distinct establishments or places of business must be considered to constitute employment by an employer for the purposes of those chapters for not less than two calendar years. On the written approval of this election by the department, these services must be considered to constitute employment subject to those chapters from and after the date stated in the approval. These services cease to be considered employment subject to these chapters as of January first of a calendar year subsequent to those two calendar years if by the thirtieth day of April of that year the employing unit files with the department a written notice to that effect.  HISTORY: 1962 Code Section 68-252; 1952 Code Section 68-252; 1942 Code Section 7035-88; 1936 (39) 1716; 1939 (41) 487; 1952 (47) 1888; 1961 (52) 166; 1971 (57) 950; 1977 Act No. 161 Section 22; 2010 Act No. 146, Section 100, eff March 30, 2010.  Effect of Amendment  The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for six occurrences of "Commission"; and made other nonsubstantive changes throughout the section.
SC Code § 41-39-10 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 39 - Employment And Workforce - Protection Of Rights And Benefits|Section 41-39-10. Validity of waiver of rights, employee's agreement to pay employer's contributions.

 No agreement by an individual to waive, release or commute his rights to benefits or any other rights under Chapters 27 through 41 of this Title shall be valid. No agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions, payments in lieu of contributions or reimbursement of benefits required under Chapters 27 through 41 of this Title from such employer shall be valid. No employer shall directly or indirectly make, require or accept any deduction from wages to finance the employer's contributions, payments in lieu of contributions, or reimbursement of benefits or require or accept any waiver of any right under Chapters 27 through 41 of this Title by any individual in his employ. Any employer or officer or agent of an employer who violates any provision of this section shall, for each offense, be fined not less than one hundred dollars nor more than one thousand dollars or be imprisoned for not more than six months or both.  HISTORY: 1962 Code Section 68-351; 1952 Code Section 68-351; 1942 Code Section 7035-95; 1936 (39) 1716; 1939 (41) 487; 1973 (58) 248.
SC Code § 41-39-20 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 39 - Employment And Workforce - Protection Of Rights And Benefits|Section 41-39-20. Validity of assignment, pledge, or encumbrance of benefits; exemption of benefits.

 No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under Chapters 27 through 41 of this title is valid and such rights to benefits are exempt from levy, execution, attachment, or any other remedy whatsoever, provided for the collection of debt, except as provided for in Section 41-35-140 of this title. Benefits received by an individual, so long as they are not mingled with other funds of the recipient, are exempt from any remedy whatsoever for the collection of all debts except those incurred for necessaries furnished to such individual or his spouse or a dependent during the time when such individual was unemployed. No waiver of any exception provided for in this section is valid.  HISTORY: 1962 Code Section 68-352; 1952 Code Section 68-352; 1942 Code Section 7035-95; 1936 (39) 1716; 1939 (41) 487; 1983 Act No. 62 Section 16.
SC Code § 41-39-30 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 39 - Employment And Workforce - Protection Of Rights And Benefits|Section 41-39-30. Limitation on charging and amount of fees.

 An individual claiming benefits may not be charged a fee in a proceeding under Chapters 27 through 41 of this title by the department or its representatives or by a court or an officer, except an attorney, of it. An individual claiming a benefit in a proceeding before the department or a court may be represented by an attorney or other duly authorized agent, but an attorney or agent must not charge or receive for this service more than an amount approved by the department. A person who violates a provision of this section, for each offense, must be fined not less than fifty dollars nor more than five hundred dollars, imprisoned for not more than six months, or both.  HISTORY: 1962 Code Section 68-353; 1952 Code Section 68-353; 1942 Code Section 7035-95; 1936 (39) 1716; 1939 (41) 487; 2010 Act No. 146, Section 102, eff March 30, 2010; 2011 Act No. 63, Section 12, eff June 14, 2011.  Effect of Amendment  The 2010 amendment substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes.  The 2011 amendment substituted "may be represented" for "must be represented" in the second sentence.
SC Code § 41-39-40 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 39 - Employment And Workforce - Protection Of Rights And Benefits|Section 41-39-40. Income tax withholding from unemployment compensation.

 (A) As of January 1, 1997, an individual filing an initial claim for unemployment compensation must be advised at the time of the filing of the claim that:  (1) unemployment compensation is subject to federal and state income taxation;  (2) requirements exist pertaining to estimated tax payments;  (3) the individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the rate specified in the Internal Revenue Code of 1986;  (4) the individual may elect to have South Carolina state income tax deducted and withheld from the individual's payment of unemployment compensation at the rate of seven percent;  (5) the individual is permitted to change a previously elected withholding of income tax at least once.  (B) Amounts deducted and withheld from unemployment compensation must remain in the Unemployment Trust Fund until transferred to the federal or state taxing authority as a payment of income tax. The date of transfer to the South Carolina Department of Revenue must be the same date as the transfer to the Internal Revenue Service.  (C) The department shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deducting and withholding of income tax.  (D) Amounts must be deducted and withheld under this section only after amounts are deducted and withheld for overpayments of unemployment compensation, child support obligations, or other amount required to be deducted and withheld under this title.  HISTORY: 1996 Act No. 306, Section 1, eff May 6, 1996; 2010 Act No. 146, Section 103, eff March 30, 2010.  Effect of Amendment  The 2010 amendment substituted "department" for "commission" in subsection (C); and made other nonsubstantive changes.
SC Code § 41-41-10 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities|Section 41-41-10. False statements or representations, or failures to disclose material facts, to obtain or increase benefits.

 Whoever makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to obtain or to increase any benefits or other payment under Chapters 27 through 41 of this title or under an employment security or unemployment compensation law of any other state, the Federal Government, or of a foreign government, either for himself or for any other person, shall be punished by a fine of not less than fifty nor more than two hundred fifty dollars or by imprisonment for not longer than thirty days and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.  HISTORY: 1962 Code Section 68-401; 1952 Code Section 68-401; 1949 (46) 262; 1955 (49) 480; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.  Effect of Amendment  2015 Act No. 77, Section 2, substituted "of this title" for "of this Title", and substituted "not less than fifty nor more than two hundred fifty dollars" for "not less than twenty nor more than one hundred dollars".
SC Code § 41-41-20 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities|Section 41-41-20. Suspension of benefits to claimant making false statement or failing to disclose material fact; deduction from benefits.

 (A) A claimant found by the department knowingly to have made a false statement or who knowingly failed to disclose a material fact when filing a compensable claim to establish his right to or increase the amount of his benefits is ineligible to receive benefits for any week for which the claim was filed and is ineligible to receive further benefits for not less than ten and not more than fifty-two consecutive weeks as determined by the department according to the circumstances of the case, these weeks to commence with the date of the determination.  (B) If the department finds that a fraudulent misrepresentation has been made by a claimant with the object of obtaining benefits under this chapter to which he was not entitled, in addition to any other penalty or prosecution provided under this chapter, the department may make a determination that there must be deducted from benefits to which the claimant might become entitled during this present benefit year or the next subsequent benefit year, or both, an amount not less than two and one-half times his weekly benefit amount and not more than his maximum benefit amount payable in a benefit year, as determined under Chapter 35. This deduction takes effect on the date of the determination. An appeal from this determination must be made in the manner prescribed in Article 5, Chapter 35.  HISTORY: 1962 Code Section 68-401.1; 1972 (57) 2309; 1973 (58) 248; 2002 Act No. 202, Section 1, eff April 10, 2002; 2010 Act No. 146, Section 104, eff March 30, 2010; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.  Effect of Amendment  The 2002 amendment rewrote this section.  The 2010 amendment substituted "department" for four occurrences of "commission" throughout the section.  2015 Act No. 77, Section 2, in (B), inserted "and one-half" following "an amount not less than two".
SC Code § 41-41-30 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities|Section 41-41-30. False statements or representations, or failures to disclose material facts, to prevent or reduce payment of benefits or contributions.

 Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject thereto or to avoid or reduce any contribution or other payment required from any employing unit under Chapters 27 through 41 of this title shall be punished by a fine of not less than fifty nor more than two hundred fifty dollars or by imprisonment for not longer than thirty days, and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.  HISTORY: 1962 Code Section 68-402; 1952 Code Section 68-402; 1949 (46) 262; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.  Effect of Amendment  2015 Act No. 77, Section 2, substituted "of this title" for "of this Title", and substituted "a fine of not less than fifty nor more than two hundred fifty dollars" for "a fine of not less than twenty nor more than one hundred dollars".
SC Code § 41-41-45 (2021)
2021 South Carolina Code of Laws|Title 41 - Labor and Employment|Chapter 41 - Employment And Workforce - Offenses, Penalties And Liabilities|Section 41-41-45. Improper unemployment compensation payments.

 (A) Notwithstanding any other provision of law, if the department determines that an improper payment from its unemployment compensation fund or from any federal unemployment compensation fund was made to any individual due to a false statement or failure to disclose a material fact pursuant to Sections 41-41-10 and 41-41-20, the department will assess a monetary penalty of thirty-three percent of the amount of the overpayment.  (B) The notice of the determination or decision informing the individual of the overpayment must include:  (1) the claimant's appeal rights;  (2) the penalty amount;  (3) an explanation of the reason for the overpayment; and  (4) the reason the penalty has been applied.  (C) The recovered amounts shall be applied with priority to:  (1) the principal amount of the overpayment to the unemployment compensation fund;  (2) sixty percent of the monetary penalty to the unemployment compensation fund;  (3) the remaining forty percent of the monetary penalty to promote unemployment compensation integrity; and  (4) any remaining amounts to interest.  (D) Offset of future unemployment insurance benefits shall not be applied to the monetary penalty or interest associated with an overpayment.  (E) The monetary penalty will be assessed on any fraudulent overpayment determined by the department.  HISTORY: 2013 Act No. 53, Section 1, eff June 7, 2013; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.  Effect of Amendment  2015 Act No. 77, Section 2, in (A), substituted "thirty-three percent" for "twenty-five percent"; and in (E), deleted "after October 21, 2013" at the end.