South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.07 - APPEALS FORWARDED TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE

Current through Register Vol. 48, No. 6, June 28, 2024
A. If a resolution
				through mediation as required by Regulation Regulation
				19-718.06
				of the State Human Resources Regulations cannot be accomplished, the State
				Human Resources Director shall forward the appeal to the designated Committee
				panel of the Committee.
B. No more
				than three representatives, including legal counsel and the covered employee,
				may be designated by either party to be present during Committee
				hearings.
C. Witnesses
1. Notice--After an appeal has been
				determined to be appealable to the Committee and has been placed on the
				Committee's docket, the covered employee and the agency, or their designated
				representatives, shall exchange witness lists which must be received by the
				other party no later than five calendar days prior to the hearing. The
				postponement of a hearing does not reinstate any time frame that has already
				elapsed at the time of the request to reschedule. Witness lists which have not
				been exchanged as required by this provision and witnesses not included on a
				properly exchanged list will be excluded at the hearing unless the Committee
				finds that there has been excusable neglect or that the witness(es) should be
				admitted in the furtherance of justice.
2. Character Witnesses--No more than two
				character witnesses for each side will be permitted to testify before the
				Committee when evidence of character is relevant to the issues. A character
				witness is defined as a witness offered solely for the purpose of presenting
				testimony which bears on the positive or negative general character of the
				covered employee, i.e., the covered employee's reputation for truthfulness,
				peaceful or violent manner, or other considerations of character which have a
				bearing on the matter before the Committee.
3. Subpoenas--Only the Committee Chairman or
				his designee is authorized to issue subpoenas for witnesses at the request of
				either party. In the event that either party in a case has difficulty in
				obtaining a witness's agreement to testify, such party must request in writing
				the issuance of a subpoena which must be received by OHR no later than ten
				calendar days before the date of the hearing. The postponement of a hearing
				does not reinstate any time frame that has already elapsed at the time of the
				request to reschedule. The request for a subpoena must include the name of the
				witness. The service of the subpoena is the responsibility of the requesting
				party. When any person fails to comply with a subpoena, the requesting party is
				responsible for the pursuance and cost of any judicial enforcement of that
				subpoena. Any reasonable expenses incurred by a subpoenaed witness shall be
				paid by the requesting party.
4.
				Sequestration of Witnesses--Witnesses other than representatives that will be
				witnesses shall be sequestered and shall not be in the hearing room except for
				preliminary comments, the Committee's opening statement, and that witness's
				testimony in a public hearing or a hearing held in executive session.
5. Depositions de bene esse--The testimony of
				a witness may be submitted into evidence in the form of a deposition de bene
				esse when the attendance of the witness whose testimony is required cannot be
				had (a) by reason of (i) extreme age, (ii) sickness or infirmity, or (iii)
				indispensable absence on public official duty, (b) as a result of verification
				of his intended absence from the State before the appeal can be heard by the
				designated Committee panel, or (c) when such witness may be without the limits
				of the State. If the parties cannot agree to the use of a deposition de bene
				esse, the party desiring to submit the deposition de bene esse may request
				permission from the Committee Chairman or his designee and the Committee
				Attorney to submit the deposition de bene esse. The party opposing the
				submission will be permitted an opportunity to respond to the request. The
				request and the response may be made either in writing before or verbally at
				the hearing. When the parties agree upon, or a party's request is granted for
				the use of, a deposition de bene esse, notice must be exchanged as to the time
				of the deposition de bene esse to allow all interested parties to attend and
				participate. No other types of depositions, including discovery depositions,
				are permitted.