As used in this article:
(1) "Administrative law judge" means a judge of the South Carolina Administrative Law Court created pursuant to Section 1-23-500.
(2) "Agency" means a state agency, department, board, or commission whose action is the subject of a contested case hearing or an appellate proceeding heard by an administrative law judge, or a public hearing on a proposed regulation presided over by an administrative law judge.
(3) "Contested case" means a proceeding including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law or by Article I, Section 22, Constitution of the State of South Carolina, 1895, to be determined by an agency or the Administrative Law Court after an opportunity for hearing.
(4) "License" includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but does not include a license required solely for revenue purposes.
(5) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.
(6) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.
HISTORY: 2008 Act No. 334, Section 1, eff June 16, 2008.
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.