- A. An applicant for a relocation assistance payment under Chapter 11 of Title 28 of the 1976 Code shall be notified promptly, in writing, of (1) his eligibility for payment claimed, (2) the amount, if any, to which he may be entitled, and (3) the time and manner in which such payment, if any, will be made. Such notification shall also advise the applicant of his right to review and appeal and the procedures for review and appeal if he is dissatisfied with the Department’s decision with respect to his application for a relocation assistance payment.
- B. All petitions or requests for review of a decision by the Department’s Right-of-Way Office with respect to an applicant’s eligibility, or the amount of a payment, if any, shall be submitted, in writing and must be filed within sixty (60) days of the Department’s determination of the displaced person’s claim. A form for use in filing requests for review may be requested from the Department’s Right-of-Way Office.
- C. If a timely request for review is filed, the SCDOT Secretary or her designee will review the application and all pertinent justification and other material submitted by the applicant as well as other available information. The Secretary will furnish the applicant with a written decision following the review.
- D. An applicant may seek relief from the decision of the Secretary by requesting a contested case hearing before the Administrative Law Judge pursuant to S. C. Code Section 1-23-600 and the rules of procedure for the Administrative Law Judge Division. The request for a hearing must be made within thirty (30) days of receipt of the Secretary’s decision.
- E. A person has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person’s own expense.
Editor's Notes
2004 Act No. 202, Sections 3, provides as follows:
“Wherever the term ‘Administrative Law Judge Division’ appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act.”
Pursuant to Section 9 of 2007 Act No. 114, “Executive Director” was changed to “Secretary” in C. and D. of R 63-322. Section 9 of 2007 Act No. 114 provides:
“SECTION 9. References in the 1976 Code to the ‘director’ that refer to the chief administrative officer of the Department of Transportation, mean the ‘Secretary of the Department of Transportation’ or ‘secretary’, as appropriate; and references to ‘Department of Transportation Commissioner’ and references to ‘deputy director’ changed to ‘division director’ in Section 57-1-450 mean ‘division director’. The Code Commissioner shall change references in the 1976 Code to conform to this act, and such changes must be included in the next printing of replacement volumes or cumulative supplements.”
HISTORY: Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000.