South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-804 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The following words and terms, when used in the context of
				these rules and regulations, shall have the meanings indicated.
A. Applicant. A party on whose behalf an
			 application is made to the Commission for any permission or authorization which
			 the Commission may grant pursuant to statutory or other proper
			 authority.
B. Commission and
			 Commissioner. The South Carolina Public Service Commission and a Commissioner
			 thereof, respectively.
C.
			 Complainant. A party who complains to the Commission of anything done, or
			 omitted to be done, in contravention or violation of the provisions of any
			 statute or other delegated authority administered by the Commission, or of any
			 order, rule or regulation issued or promulgated thereunder, or any other
			 alleged wrong within the jurisdiction of the Commission.
D. Defendant. A party subject to statute or
			 other delegated authority administered by the Commission, or any order, rule or
			 regulation issued or promulgated thereunder, against whom any complaint is
			 filed.
E. Formal Record. The
			 documentation pertaining to a proceeding before the Commission, including the
			 following: the designation of the presiding officer; proofs of publication and
			 notification; all pleadings and intermediate rulings; the transcript or
			 official recording of hearing which shall include all evidence received or
			 considered; a statement of matters officially noticed; all questions and offers
			 of proof, objections and rulings thereof; proposed findings and exceptions, if
			 any; any decision, opinion or report by the presiding officer; all memoranda or
			 data submitted to the hearing officer or members of the Commission in
			 consideration of a proceeding; and the order making final disposition of the
			 matter.
F. Hearing Examiner. A
			 member of the Commission staff, duly appointed and designated by the Commission
			 to serve as a presiding officer for a proceeding before the Commission, and so
			 serving as a presiding officer.
G.
			 Hearing Officer. An attorney qualified to practice in all courts of this State
			 with a minimum of eight years' practice experience employed by the Commission
			 to hear and determine procedural motions or other matters not determinative of
			 the merits of the proceedings and made prior to the hearing. At the hearing, a
			 hearing officer shall make all rulings on nondispositive motions and
			 objections. The hearing officer has full authority, subject to being overruled
			 by the Commission, to rule on questions concerning the conduct of the case and
			 the admission of evidence but may not participate in the determination on the
			 merits of the case. If qualified, a Commission staff attorney may serve as a
			 hearing officer.
H. Intervenor. A
			 person who files a petition to intervene in a proceeding before the Commission,
			 as provided by R.
			 103-825, and after such
			 petition is approved by the Commission or presiding officer. Admission as an
			 intervenor shall not be construed as recognition by the Commission that such
			 intervenor might be aggrieved by any order of the Commission in such
			 proceeding.
I. Notice of Filing.
(1) A statement prepared by the Chief Clerk
			 upon the filing of a pleading which initiates a proceeding, and which is
			 provided to the party submitting the pleading. The Notice of Filing shall be
			 published pursuant to R.
			 103-817(C)
			 and shall otherwise be processed according to the Commission's Rules and
			 Regulations concerning specific persons within the Commission's
			 jurisdiction.
(2) The Notice of
			 Filing shall contain a brief description of the pleading, reference to the
			 statutory or other legal authority under which the pleading was filed, and the
			 manner in which interested persons may file petitions to intervene or protests,
			 and the return date.