South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 3 - ADMINISTRATIVE PROCEEDINGS › Section 65-233 - Pleadings, Motions and Discoveries

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every pleading, motion, brief or other
				document shall contain a caption setting forth the title of the proceeding, the
				docket number assigned, if any, and the designation of the type of document
				(e.g. complaint, answer or motion to dismiss).
B. Every pleading, motion, brief, or other
				document filed by a party shall be signed by the party, the party's
				representative, or the attorney representing the party, and must include the
				signer's address and telephone number. The signature constitutes a
				certification that the signer has read the document; that to the best of the
				signer's knowledge, information, and belief there is good ground to support the
				document; and that it is not interposed for delay.
C. Timely filing. The Chief Hearing
				Commissioner may refuse to consider any motion or other pleading that is not
				filed in a timely fashion and in compliance with this rule.
D. The Commission shall prepare a formal
				complaint in a form that complies with these rules. All complaints filed under
				this section shall be verified by the aggrieved person.
E. Within three days after the issuance of a
				complaint, the Commission shall file the charge with the Chairman and serve
				copies (with the additional information required under paragraph F. of this
				section) on the respondent and the aggrieved person on whose behalf the
				complaint was filed.
F. The
				complaint shall consist of a short and plain written statement of the facts
				upon which the Commission has found reasonable cause to believe that a
				discriminatory housing practice has occurred or is about to occur. The
				following notifications shall be served with the complaint:
(1) The notice shall state that a
				complainant, a respondent, or an aggrieved person on whose behalf the complaint
				was filed may elect to have the claims asserted in the complaint decided in a
				civil action in lieu of an administrative proceeding. This notice shall state
				that the election must be made no later than twenty days after the receipt of
				the service of the complaint. The notice shall state that the notification of
				the election must be served on the Commission, the respondent, and the
				aggrieved party of whose behalf the complaint was filed.
(2) The notice shall state that if no person
				timely elects to have the claims asserted in the complaint decided in a civil
				action, an administrative proceeding will be conducted. The notice shall state
				that if an administrative hearing is conducted:
(a) The parties will have an opportunity for
				a hearing at a date and place specified in the notice.
(b) The respondent will have an opportunity
				to file an answer to the complaint within thirty days of the date of service of
				the complaint.
(c) The aggrieved
				person may participate as a party to the administrative proceeding by filing a
				timely request for intervention.
(d) All discovery must be concluded 15 days
				before the date set for hearing.
(3) The notice shall state that if at any
				time following the service of the complaint on the respondent, the respondent
				intends to enter into a contract, sale, encumbrance, or lease with any person
				regarding the property that is the subject of the complaint the respondent must
				provide a copy of the complaint to the person before the respondent and the
				person enter into the contract, sale, encumbrance or lease.