Vol. 7, No. 6, Pg. 42. ALJs in South Carolina.

• Author: By the Hon. Marvin F. Kittrell

South Carolina Lawyer

1996.

Vol. 7, No. 6, Pg. 42.

ALJs in South Carolina

42ALJs in South CarolinaBy the Hon. Marvin F. KittrellThe Administrative Law Judge Division (Division) was created as a part of Act No. 181 of 1993, known as the Restructuring Act. The Division is an autonomous quasi-judicial body within the executive branch of state government, consisting of a central panel or corps of administrative law judges (ALJs), designed to provide a neutral forum for fair, prompt and objective hearings for persons affected by an action or proposed action of certain state agencies.

A central panel system, such as the Division, consists of a number of ALJs occupying a central office who are assigned to preside over various hearings, such as contested cases, appeals and regulation hearings arising out of state agencies, boards and commissions. ALJs are a relatively recent development and are little known outside of the administrative arena. Nonetheless, ALJs have become such a significant part of today's justice system that many administrative law experts refer to them as the "hidden judiciary"

ELECTION OF AN ALJ

Each ALJ is elected by joint session of the General Assembly for a term of five years. Candidates for election to an AU seat must undergo screening by the Joint Legislative Committee for Judicial Screening and must meet the same qualifications for justices and judges as set forth in Article V of the Constitution of South Carolina.

The three initial ALJs were elected in 1994 and began their terms on March 1 of that year. They were involved in forming the Division, identifying jurisdiction, assembling staff, locating office space and formulating rules of practice and procedure. Subsequently, three additional ALJs were elected and took their seats in 1995.

DUTIES AND ASSIGNMENTS

The ALJs conduct hearings in a forum that is less formal than the traditional courts in South Carolina. The rules of the Division are designed to provid,,flexibility in cases ranging from simple applications for beer an wine permits to complex environmental matters. Mindful of the wide spectrum of cases under the Division's jurisdiction, the General Assembly created the Division so that the ALJs would be "generalists" capable of hearing a variety of cases rather than "specialists" who possess narrow expertise and hear cases in only a specific area.

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