South Carolina Code of Laws
Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases
Section 1-23-400. Application of article.

The provisions of this article shall not apply to any matters pending on June 13, 1977. The provisions of Sections 1-23-360 and 1-23-370 shall not apply to any agency which under existing statutes have established and follow notice and hearing procedures which are in compliance with such sections.
HISTORY: 1977 Act No. 176, Art. II, Section 10.

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.