September 2007 Minutes
Friday, September 28, 2007
Members Present (12):
Mary Elizabeth Crum, Chair
Ralph K. Anderson III
Chauntel Bland
Fred David Butler
Wendy Cartledge
Sharon Dantzler
John Fantry
Matthew Fowler
Chris Holmes*
Deborah Hottel
Shelly Kelly
Tommy Lavender Jr.
Alexander Shissias
Others Present (1):
Alex Harper, Law Clerk
Bar Staff Participating (1):
Carey Way
*Participated by telephone.
CALL TO ORDER: Ms. Crum called the meeting to order and asked for introductions.
MINUTES: By motion, second and unanimous vote, the Committee adopted the Minutes from the prior meeting held on May 18, 2007.
UPDATES:
A. The 2007-2008 Committee roster was included in the meeting material. Ms. Crum requested Committee members convey information as to anyone they knew who was interested in becoming a member.
B. Pending Legislation: Ms. Way reported the 2007 Legislative Update is now available on the Bar Web Site and information to access was included in the meeting materials.
C. Co-sponsoring a CLE at the 2008 Bar Convention: Ms. Way reported the Government Law Section/Administrative Law Committee’s portion was scheduled on Friday, January 25, 2008, from 8:30 a.m. â€" 11:45 a.m.
D. Act 387 Subcommittee: Mr. Shissias reported the subcommittee continues to solicit comments on issues relating to the Act. Ms. Crum reported she had received comments, would write them down, and would forward them to Mr. Shissias. Mr. Shissias stated he thought an associate of Mr. Lavender also had information to turn in. Mr. Shissias stated that, once he was in receipt of all comments, assignments would be given. Two matters discussed that Mr. Shissias reported were already included in the “List of Issues Identified at April 13, 2007 Meeting of the Ad Hoc Committee†a/k/a “gripe list†were: 1) “notice to affected personâ€/need for some provision to get notice; and 2) a repose period. Possible amendment to §44-7-60 was discussed. Other comments discussed during this Committee meeting were: default time period allowed for specific program(s); DHEC statutes and regulations/old time limit conformity to 15 days; a statement was made that “there are a lot of provisions that need to be cleaned up.†Ms. Crum requested that Committee members forward any issues that have arisen since May to Mr. Shissias on or before October 15, 2007. Mr. Shissias requested Ms. Way calendar an Ad Hoc Committee meeting after checking for room availability, and she was requested to distribute the “gripe list†to Committee members advising Committee members that comments should be turned in to Mr. Shissias by October 15th. It was determined the subcommittee would present its draft proposal/assignments to this Committee at its next meeting. There was discussion about the need for the Committee to run the matter back through the Judicial Council to solicit its support and that the formalized request would need to go before the Bar Board of Governors requesting approval.
E. Discussion on Rules of Procedure for the Administrative Law Court (amendments effective 4/30/07): Ms. Way reported she had distributed the amended Rules via listserv. Reference was made to Mr. Lavender’s suggestion at the prior meeting that an amendment to Rule 26 be drafted by the Committee for submission to the Board of Governors for approval. Ms. Crum stated there are two conflict cases pending from ALC on the issue. She stated one of the cases was “the Coastal case†pending before the Court of Appeals. She requested the Committee be mindful of litigation in process. Following discussion, the consensus of the Committee was not to propose a change to the present Rule 26.
NEW BUSINESS:
A. Discuss Committee participation in U Need 2 Know radio segment:
Ms. Way previously distributed a request for Committee participation via listserv. Ms. Crum and Ms. Hottel agreed to participate on “What Administrative Law Is.†Ms. Dantzler agreed to participate on “Payment of Wages Law.†Ms. Way reported the weeks of October 29, November 19 and November 26th were available. Ms. Crum asked Ms. Way to distribute an e-mail with specifics requesting additional participation and that participants let her know which week worked best for them.
B. Discuss Committee participation in South Carolina Lawyer magazine:
Ms. Way previously distributed a request for Committee participation via listserv. Ms. Crum stated she was participating on behalf of SCAARLA and encouraged Committee members to participate in regard to any other regulations recently promulgated.
C. Update on Bar Web Site: Ms. Way reported the Committee’s 2007-2008 goals, March Minutes, and new chair information had been posted.
NEXT MEETING: Ms. Crum announced that the next meeting would be December 3, 2007, at noon in the Boardroom of the Bar building.
ADJOURNMENT: There being no further business, Ms. Crum adjourned the meeting.
Members Present (12):
Mary Elizabeth Crum, Chair
Ralph K. Anderson III
Chauntel Bland
Fred David Butler
Wendy Cartledge
Sharon Dantzler
John Fantry
Matthew Fowler
Chris Holmes*
Deborah Hottel
Shelly Kelly
Tommy Lavender Jr.
Alexander Shissias
Others Present (1):
Alex Harper, Law Clerk
Bar Staff Participating (1):
Carey Way
*Participated by telephone.
CALL TO ORDER: Ms. Crum called the meeting to order and asked for introductions.
MINUTES: By motion, second and unanimous vote, the Committee adopted the Minutes from the prior meeting held on May 18, 2007.
UPDATES:
A. The 2007-2008 Committee roster was included in the meeting material. Ms. Crum requested Committee members convey information as to anyone they knew who was interested in becoming a member.
B. Pending Legislation: Ms. Way reported the 2007 Legislative Update is now available on the Bar Web Site and information to access was included in the meeting materials.
C. Co-sponsoring a CLE at the 2008 Bar Convention: Ms. Way reported the Government Law Section/Administrative Law Committee’s portion was scheduled on Friday, January 25, 2008, from 8:30 a.m. â€" 11:45 a.m.
D. Act 387 Subcommittee: Mr. Shissias reported the subcommittee continues to solicit comments on issues relating to the Act. Ms. Crum reported she had received comments, would write them down, and would forward them to Mr. Shissias. Mr. Shissias stated he thought an associate of Mr. Lavender also had information to turn in. Mr. Shissias stated that, once he was in receipt of all comments, assignments would be given. Two matters discussed that Mr. Shissias reported were already included in the “List of Issues Identified at April 13, 2007 Meeting of the Ad Hoc Committee†a/k/a “gripe list†were: 1) “notice to affected personâ€/need for some provision to get notice; and 2) a repose period. Possible amendment to §44-7-60 was discussed. Other comments discussed during this Committee meeting were: default time period allowed for specific program(s); DHEC statutes and regulations/old time limit conformity to 15 days; a statement was made that “there are a lot of provisions that need to be cleaned up.†Ms. Crum requested that Committee members forward any issues that have arisen since May to Mr. Shissias on or before October 15, 2007. Mr. Shissias requested Ms. Way calendar an Ad Hoc Committee meeting after checking for room availability, and she was requested to distribute the “gripe list†to Committee members advising Committee members that comments should be turned in to Mr. Shissias by October 15th. It was determined the subcommittee would present its draft proposal/assignments to this Committee at its next meeting. There was discussion about the need for the Committee to run the matter back through the Judicial Council to solicit its support and that the formalized request would need to go before the Bar Board of Governors requesting approval.
E. Discussion on Rules of Procedure for the Administrative Law Court (amendments effective 4/30/07): Ms. Way reported she had distributed the amended Rules via listserv. Reference was made to Mr. Lavender’s suggestion at the prior meeting that an amendment to Rule 26 be drafted by the Committee for submission to the Board of Governors for approval. Ms. Crum stated there are two conflict cases pending from ALC on the issue. She stated one of the cases was “the Coastal case†pending before the Court of Appeals. She requested the Committee be mindful of litigation in process. Following discussion, the consensus of the Committee was not to propose a change to the present Rule 26.
NEW BUSINESS:
A. Discuss Committee participation in U Need 2 Know radio segment:
Ms. Way previously distributed a request for Committee participation via listserv. Ms. Crum and Ms. Hottel agreed to participate on “What Administrative Law Is.†Ms. Dantzler agreed to participate on “Payment of Wages Law.†Ms. Way reported the weeks of October 29, November 19 and November 26th were available. Ms. Crum asked Ms. Way to distribute an e-mail with specifics requesting additional participation and that participants let her know which week worked best for them.
B. Discuss Committee participation in South Carolina Lawyer magazine:
Ms. Way previously distributed a request for Committee participation via listserv. Ms. Crum stated she was participating on behalf of SCAARLA and encouraged Committee members to participate in regard to any other regulations recently promulgated.
C. Update on Bar Web Site: Ms. Way reported the Committee’s 2007-2008 goals, March Minutes, and new chair information had been posted.
NEXT MEETING: Ms. Crum announced that the next meeting would be December 3, 2007, at noon in the Boardroom of the Bar building.
ADJOURNMENT: There being no further business, Ms. Crum adjourned the meeting.