S.C. Code Ann. § 1-23-320 – Notice and hearing in contested case; depositions; subpoenas; informal disposition; content of record

(a) In a contested case, all parties must be afforded an opportunity for hearing after notice of not less than thirty days, except in proceedings before the Employment Security Commission, which shall be governed by the provisions of Section 41-35-680.
(b) The notice shall include:
1. (1) a statement of the time, place and nature of the hearing;
2. (2) a statement of the legal authority and jurisdiction under which the hearing is to be held;
3. (3) a reference to the particular sections of the statutes and rules involved;
4. (4) a short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
(c) Any party to such proceedings may cause to be taken the depositions of witnesses within or without the State and either by commission or de bene esse. Such depositions shall be taken in accordance with and subject to the same provisions, conditions and restrictions as apply to the taking of like depositions in civil actions at law in the court of common pleas; and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony, the transmission and certification thereof and matters of practice relating thereto shall apply.
(d) The agency hearing a contested case may issue in the name of the agency subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on its own behalf or, upon request, on behalf of any other party to the case.
The administrative law judge division shall, on application of any party to the proceeding enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records and shall have the power to punish as for contempt of court, by a fine, or imprisonment or both, the unexcused failure or refusal to attend and give testimony or produce books, papers, and records as may have been required in any subpoena issued by the agency. A person to whom a subpoena has been issued may move before the administrative law judge for an order quashing or modifying the subpoena. The agency may issue to the sheriff of the county in which any hearing is held a warrant requiring him to produce at the hearing any witness who shall have ignored or failed to comply with any subpoena issued by the agency and duly served upon such witness. Such a warrant shall authorize the sheriff to arrest and produce at the hearing such witness, and it shall be his duty to do so; but the failure of a witness so to appear in response to any such subpoena may be excused on the same grounds as provided by law in the courts of this State as to the attendance of witnesses and jurors.
(e) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
(f) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.
(g) The record in a contested case shall include:
1. (1) all pleadings, motions, intermediate rulings and depositions;
2. (2) evidence received or considered;
3. (3) a statement of matters officially noticed;
4. (4) questions and offers of proof, objections and rulings thereon;
5. (5) proposed findings and exceptions;
6. (6) any decision, opinion or report by the officer or administrative law judge presiding at the hearing.
(h) Oral proceedings or any part thereof shall be transcribed on request of any party.
(i) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.