South Carolina Code of Regulations Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY
Overview
Chapter 9 of the South Carolina Code of Regulations establishes the procedures for administrative hearings conducted by the South Carolina Institute of Archeology and Anthropology (SCIAA). It is not about archaeological rules themselves, but about how disputes or formal actions are handled.
These rules mostly apply to matters under the South Carolina Underwater Antiquities Act, which governs the protection of underwater historical sites, such as shipwrecks.
Essentially, Chapter 9 ensures that SCIAA can resolve conflicts fairly when someone disagrees with a decision, or when the institute takes enforcement or licensing actions.
Key Parts of Chapter 9
Chapter 9 is organized into subchapter 9-100: Adjudication Rules. These rules are structured into four main sections:
1. General Provisions
This section sets the foundation for all hearings:
Definitions: Terms like adjudication, adjudicator, party, and intervenor are defined to ensure clarity.
Scope: The rules apply only to administrative hearings under SCIAA’s authority.
Rule Interpretation: The rules are interpreted to promote fairness, efficiency, and justice.
Adjudicator Authority: The SCIAA Director appoints an adjudicator to oversee hearings. The adjudicator can:
Administer oaths
Issue subpoenas
Admit evidence
Control the hearing process
Encourage settlements
2. Prehearing Procedures
Before a formal hearing begins, this stage prepares the case:
Starting a Case: How a matter is officially filed or initiated.
Consolidation or Separation: Related cases may be combined or separated for efficiency.
Intervention: Others may join the case if they have a stake in the outcome.
Prehearing Statements: Parties may be required to submit written statements about their positions.
Discovery: Parties can exchange information, like documents or written questions.
Settlement: Parties can try to resolve disputes without a full hearing.
This stage ensures that everyone has access to the necessary information before the formal hearing.
3. The Hearing
This section governs how the actual hearing is conducted:
Notice: Parties must be informed of the hearing date and place.
Evidence: Evidence can include documents, exhibits, and witness testimony.
Witnesses: Witnesses testify under oath, and parties can question them.
Record: A complete record of the hearing is made for transparency.
Burden of Proof: Specifies which party must prove certain facts.
The goal is to have a fair, orderly process similar to a court proceeding but in an administrative setting.
4. Post-Hearing and Appeals
After the hearing:
Interim Decisions: Certain rulings can be reviewed before the final decision.
Petitions for Review: Parties can request review of the final decision.
Oral Arguments: Parties may present additional arguments.
Reconsideration: Parties can ask the adjudicator to reconsider their decision.
These rules ensure that decisions can be reviewed and corrected if necessary, providing a complete path for administrative justice.
Key Takeaways
Chapter 9 is procedural, not substantive. It does not tell archaeologists how to excavate or manage artifacts.
It ensures fairness, due process, and transparency in SCIAA hearings.
It covers everything from starting a case, through the hearing, to appeals.
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