Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the Administrative Law Court must be accompanied by a filing fee equal to that charged in circuit court for filing a summons and complaint, unless another filing fee schedule is established by rules promulgated by the Administrative Law Court, subject to review as in the manner of rules of procedure promulgated by the Supreme Court pursuant to Article V of the Constitution of this State. This fee must be retained by the Administrative Law Court in order to help defray the costs of the proceedings. No filing fee is required in administrative appeals by inmates from final decisions of the Department of Corrections or the Department of Probation, Parole and Pardon Services. However, if an inmate files three administrative appeals during a calendar year, then each subsequent filing during that year must be accompanied by a twenty-five dollar filing fee. If the presiding administrative law judge determines at the conclusion of the proceeding that the case was frivolous or taken solely for the purpose of delay, the judge may impose such sanctions as the circumstances of the case and discouragement of like conduct in the future may require, including the sanctions authorized in the Frivolous Civil Proceedings Sanctions Act, Chapter 36, Title 15, and as otherwise provided by law.
HISTORY: 2008 Act No. 353, Section 2, Pt 18A, eff July 1, 2009; 2018 Act No. 134 (S.105), Section 2, eff March 12, 2018.
Effect of Amendment
2018 Act No. 134, Section 2, in the fifth sentence, added ", including the sanctions authorized in the Frivolous Civil Proceedings Sanctions Act, Chapter 36, Title 15, and as otherwise provided by law" at the end.
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.