Appeals

Appeals to Appeal Tribunal

A party that wishes to appeal a determination of a claims adjudicator may file a request for appeal at the nearest Unemployment Insurance office of the South Carolina Employment Security Commission. A party may mail a  Form APP-100 or a letter of appeal directly to the Appeal Tribunal, S.C. Employment Security Commission, P.O. Box 995, Columbia, S.C. 29202. Appeals are also accepted by fax to (803)737-0287. Form APP-107 Application for Issuance of Witness Subpoena can be downloaded and completed as necessary. This form should be attached to the Form APP-100 and submitted with it.

According to the South Carolina Employment Security Law under Section 41-35-660, an appeal from a determination of a claim adjudicator must be filed no later than ten (10) calendar days (including weekends and holidays) after the date the determination was mailed to the last known address or delivered by a local office representative.

Interested parties will be notified of the date, place, and hour that a Hearing Officer will conduct a hearing. A notice of hearing is mailed not less than seven days prior to the scheduled hearing and will identify the issues to be covered in the hearing. Appeals are usually heard in the local Unemployment Insurance office.

Testimony is taken under oath or affirmation from the employer, claimant, and any witnesses including a review of the record. It is important that individuals with first hand information and pertinent records be sent to the hearing. Copies of the decision will be mailed to the parties within one to two weeks after the hearing.

Appeals to the Commission

Appeals from the Appeal Tribunal to the Commission are made by using Form APP-111 or by submitting a letter of appeal to the Commission Appeals office, within ten (10) calendar days from the date of mailing date of the Tribunal’s decision. The address is Commission Appeals, S.C. Employment Security Commission, P.O. Box 995, Columbia, S.C. 29202. Appeals are also accepted by fax to (803)737-0124.

If the appeal to the Commission is accepted and a hearing scheduled before the Commission, notice will be mailed to the parties at least seven days before the hearing date. This hearing is limited to a review of the record and the presentation of oral or written argument. No additional testimony can be considered. Interested parties may appear in person or be represented by an attorney licensed to practice in South Carolina. The Commission will affirm, modify, or reverse the Appeal Tribunal decision usually within one to two weeks of the hearing date.

Appeals to Courts

The Employment Security Law also provides for appeals from the decision of the Commission to the Courts of the State. Appeals to Court are governed by S.C. Code Ann. Section 41-35-750.

Administrative Appeals

At the request of an employing unit or employer, the Director of the Unemployment Insurance Division shall review any administrative determination with respect to the status, liability, and rate of contributions applicable thereto and shall issue an administrative ruling affirming, modifying, or reversing the determination.

An administrative ruling will be reviewed by the Commission upon the appeal of the affected employing unit provided that:

The appeal is made in writing and mailed or delivered to the Commission not more than thirty days after the date of the administrative ruling, and

The appeal contains a clear and concise statement of the grounds for the appeal.

The Commission shall designate an Appeals Hearing Officer or Field Deputy employed by it to conduct a hearing. The hearing shall be conducted in the same manner as a hearing of an appeal of a claim for benefits. A written decision will be issued by the Commission setting forth its findings of fact and conclusions of law.