South Carolina Code of Laws
Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases
Section 1-23-500. South Carolina Administrative Law Court created; number of judges.

There is created the South Carolina Administrative Law Court, which is an agency and a court of record within the executive branch of the government of this State. The court shall consist of a total of six administrative law judges. The administrative law judges shall be part of the state employees retirement system.
HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Section 9; 2004 Act No. 202, Section 1, eff April 26, 2004.
Effect of Amendment
The 2004 amendment deleted the designation preceding former subsection (A) and rewrote the paragraph, substituting "Administrative Law Court" for "Administrative Law Judge Division", and deleted subsection (B) relating to a feasibility study by the Judicial Council.

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.