(a) When the grant, denial or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this article and Article 1 concerning contested cases apply.
(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
(c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
HISTORY: 1977 Act No. 176, Art. II, Section 7.
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.