South Carolina Code of Regulations Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
South Carolina Code of Regulations Chapter 65 — South Carolina Human Affairs Commission (SCHAC)
What is the South Carolina Human Affairs Commission?
The South Carolina Human Affairs Commission is a state administrative agency charged with enforcing laws and regulations prohibiting discrimination in employment, housing, and public accommodations within South Carolina. Its mission is to promote equal opportunity and eliminate unlawful discrimination based on race, color, religion, sex, national origin, age, disability, or other protected characteristics.
Purpose of Chapter 65 Regulations
The regulations under Chapter 65 outline the procedures, powers, and responsibilities of SCHAC in carrying out its enforcement duties. The core purposes include:
Investigation of Discrimination Complaints:
SCHAC receives complaints alleging unlawful discrimination.
It conducts investigations to determine whether there is reasonable cause to believe discrimination occurred.
Mediation and Conciliation:
The Commission attempts to resolve complaints through mediation or conciliation between the parties before proceeding to formal enforcement.
Enforcement and Adjudication:
If conciliation fails, SCHAC may issue findings, hold hearings, and take enforcement actions.
The agency can order remedies including reinstatement, back pay, damages, or policy changes.
Guidance and Education:
SCHAC provides education and technical assistance to employers, landlords, and the public to prevent discrimination.
Procedural Safeguards:
The regulations ensure due process for all parties during investigations, hearings, and enforcement actions.
They provide timelines, notice requirements, and rights to representation.
Structure of Chapter 65
Complaint Filing: How and where to file discrimination complaints.
Investigation Procedures: Steps for fact-finding and evidence gathering.
Conciliation Process: Methods to encourage voluntary settlement.
Hearing Procedures: Rules for formal adjudicative hearings.
Remedies and Penalties: Available relief and enforcement mechanisms.
Appeals Process: Procedures for challenging SCHAC decisions.
Administrative Law Principles and Case Law Concepts
Agency Authority:
SCHAC’s authority to investigate and enforce anti-discrimination laws is defined by regulation.
The agency must act within its delegated powers.
Due Process:
Parties subject to SCHAC proceedings are entitled to notice, opportunity to be heard, and impartial decision-making.
Failure to provide procedural fairness can result in judicial invalidation of agency actions.
Substantial Evidence Review:
Courts reviewing SCHAC decisions typically require that findings be supported by substantial evidence in the record.
SCHAC’s expertise is given deference, but factual conclusions must be reasonably supported.
Case Example (Conceptual):
An employee files a complaint alleging discriminatory termination.
SCHAC investigates and finds reasonable cause.
After failed conciliation, a hearing is held, and SCHAC orders reinstatement and back pay.
The employer appeals, claiming lack of evidence.
The court reviews the record and affirms SCHAC’s decision where supported by evidence and proper procedure.
Summary
Chapter 65 governs the operations of the South Carolina Human Affairs Commission in enforcing anti-discrimination laws.
The Commission investigates complaints, facilitates settlements, and conducts hearings if necessary.
Procedural fairness and adherence to delegated authority are essential.
Courts generally uphold SCHAC decisions supported by substantial evidence and proper process.
SCHAC also plays a preventive role by educating the public and regulated entities.
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