South Carolina Code of Laws
Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases
Section 1-23-390. Supreme Court review.

An aggrieved party may obtain a review of a final judgment of the circuit court or the court of appeals pursuant to this article by taking an appeal in the manner provided by the South Carolina Appellate Court Rules as in other civil cases.
HISTORY: 1977 Act No. 176, Art. II, Section 9; 1999 Act No. 55, Section 4; 2006 Act No. 387, Section 3, eff July 1, 2006.

Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
Effect of Amendment
The 2006 amendment added "or the court of appeals" and made nonsubstantive changes.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 1 - Administration of the Government

Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases

Section 1-23-10. Definitions.

Section 1-23-20. Custody, printing and distribution of documents charged to Legislative Council; establishment of State Register.

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 1-23-60. Effect of filing and of publication of documents and regulations; rebuttable presumption of compliance; judicial notice of contents.

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 1-23-100. Exemptions for Executive Orders, proclamations or documents issued by Governor's Office; treatment of some Executive Orders for information purposes.

Section 1-23-110. Procedures for publication of notice of proposed promulgation of regulations; public participation; contest of regulation for procedural defects.

Section 1-23-111. Regulation process; public hearings; report of presiding official; options upon unfavorable determination.

Section 1-23-115. Regulations requiring assessment reports; report contents; exceptions; preliminary assessment reports.

Section 1-23-120. Approval of regulations; submission to Legislative Council for submission to General Assembly; contents, requirements and procedures; compliance with federal law.

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 1-23-270. Small business defined; economic impact statements; impact reduction options; judicial review of agency compliance; periodic review of regulations.

Section 1-23-280. Small Business Regulatory Review Committee; membership; terms.

Section 1-23-290. Petition opposing regulation having significant adverse impact; determination of whether impact statement or public hearing addressed economic impact; waiver or reduction of administrative penalties.

Section 1-23-300. Applicability.

Section 1-23-310. Definitions.

Section 1-23-320. Notice and hearing in contested case; depositions; subpoenas; informal disposition; content of record.

Section 1-23-330. Evidentiary matters in contested cases.

Section 1-23-340. Procedure in contested cases where majority of those who are to render final decision are unfamiliar with case.

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 1-23-550. Vacancies.

Section 1-23-560. Application of Code of Judicial Conduct; complaints against administrative law judges; attending judicial-related functions.

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 1-23-610. Judicial review of final decision of administrative law judge; stay of enforcement of decision.

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 1-23-660. Office of Motor Vehicle Hearings; conduct of hearings; applicability of Code of Judicial Conduct; appeals.

Section 1-23-670. Filing fees.

Section 1-23-680. Cost of South Carolina Code, supplements, and replacement volumes.