South Carolina § 41-35-640 - Reconsideration of determinations.

§ 41-35-640. Reconsideration of determinations.

(A) An initial determination may for good cause be reconsidered. A party entitled to notice of an initial determination may apply for a reconsideration not later than ten days after the determination was mailed to his last known address. Notice of the redetermination must be promptly given in the manner prescribed in this article with respect to notice of an initial determination.

(B) An initial determination must be reconsidered when the department finds an error in computation or of a similar character has occurred in connection with it or that wages of the claimant pertinent to the determination, but not considered in connection with it, have been newly discovered. However, this redetermination must not be made after one year from the date of the original determination. The reconsidered determination supersedes the original determination. Notice of this redetermination promptly must be given in the manner prescribed in this article with respect to notice of an original determination. Subject to the same limitations and for the same reasons, the department may reconsider a determination in a case where a final decision is rendered by an appeal tribunal, the department, or a court, and, after notice to and the expiration of the period for appeal by the persons entitled to notice of the final decision, may apply to the body or court that rendered the final decision and seek a revised decision. In the event that an appeal involving an original determination is pending on the date a redetermination is issued, the appeal, unless withdrawn, must be treated as an appeal from the redetermination.

HISTORY: 1962 Code SECTION 68-154; 1952 Code SECTION 68-154; 1942 Code SECTION 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1955 (49) 480; 1972 (57) 2309; 1973 (58) 248; 1981 Act No. 108 SECTION 11; 2002 Act No. 203, SECTION 3, eff April 10, 2002; 2010 Act No. 146, SECTION 89, eff March 30, 2010.

Effect of Amendment

The 2002 amendment, in subsection (1), in the second sentence, deleted "or otherwise delivered to him" following "address"; and in the third sentence, substituted "must" for "shall", and deleted the comma following "promptly given".

The 2010 amendment redesignated subsections (1) and (2) as (A) and (B), respectively; substituted "department" for three occurrences of "Commission"; and made other nonsubstantive changes throughout the section.