(a) Any person may petition an agency in writing for a declaratory ruling as to the applicability of any regulation of the agency or the authority of the agency to promulgate a particular regulation. The agency shall, within thirty days after receipt of such petition, issue a declaratory ruling thereon.
(b) After compliance with the provisions of paragraph (a) of this section, any person affected by the provisions of any regulation of an agency may petition the Circuit Court for a declaratory judgment and/or injunctive relief if it is alleged that the regulation or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff or that the regulation exceeds the regulatory authority of the agency. The agency shall be made a party to the action.
HISTORY: 1977 Act No. 176, Art. I, Section 15; 1980 Act No. 442, Section 5.
Structure South Carolina Code of Laws
Title 1 - Administration of the Government
Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases
Section 1-23-30. Filing of documents with Legislative Council; public inspection; distribution.
Section 1-23-40. Documents required to be filed and published in State Register.
Section 1-23-50. Legislative Council to establish procedures.
Section 1-23-70. Duty of Attorney General.
Section 1-23-80. Costs incurred and revenues collected by Legislative Council.
Section 1-23-90. Complete codifications of documents; Code of State Regulations designated.
Section 1-23-125. Approval, disapproval and modification of regulations.
Section 1-23-126. Petition requesting promulgation, amendment or repeal of regulation.
Section 1-23-130. Emergency regulations.
Section 1-23-140. Duties of state agencies; necessity for public inspection.
Section 1-23-150. Appeals contesting authority of agency to promulgate regulation.
Section 1-23-160. Prior filed regulations unaffected.
Section 1-23-280. Small Business Regulatory Review Committee; membership; terms.
Section 1-23-300. Applicability.
Section 1-23-310. Definitions.
Section 1-23-330. Evidentiary matters in contested cases.
Section 1-23-350. Final decision or order in contested case.
Section 1-23-360. Communication by members or employees of agency assigned to decide contested case.
Section 1-23-370. Procedures regarding issuance, denial or renewal of licenses.
Section 1-23-380. Judicial review upon exhaustion of administrative remedies.
Section 1-23-390. Supreme Court review.
Section 1-23-400. Application of article.
Section 1-23-500. South Carolina Administrative Law Court created; number of judges.
Section 1-23-505. Definitions.
Section 1-23-510. Election of judges; terms.
Section 1-23-520. Eligibility for office.
Section 1-23-525. Members of General Assembly disqualified for office of law judge.
Section 1-23-530. Oath of office.
Section 1-23-535. Official seal.
Section 1-23-540. Compensation; full-time position.
Section 1-23-570. Chief Judge responsible for administration of division.
Section 1-23-580. Clerk of division; assistants to administrative law judges; other staff.
Section 1-23-590. Appropriation of funds.
Section 1-23-600. Hearings and proceedings.
Section 1-23-630. Powers of law judges.
Section 1-23-640. Principal offices of court; where cases heard.
Section 1-23-650. Promulgation of rules.
Section 1-23-670. Filing fees.
Section 1-23-680. Cost of South Carolina Code, supplements, and replacement volumes.