South Carolina Code of Laws
Chapter 6 - Administration
Section 37-6-414. Contested case hearings before the Administrative Law Court.

(A) A person who has exhausted all administrative remedies available before the administrator and who is aggrieved by the administrator's determination is entitled to a contested case hearing before the Administrative Law Court as provided in Section 1-23-600(D) and judicial review as provided in Sections 1-23-380(B) and 1-23-610. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate action or ruling of the Administrative Law Court is reviewable immediately if review of the final decision of the Administrative Law Court would not provide an adequate remedy.
(B) Contested case proceedings are instituted by filing a request for a contested case hearing with the Administrative Law Court according to the rules of procedure of the Administrative Law Court. Copies of the request for a contested case hearing must be served upon the administrator and all parties of record. The final decision of the administrative law judge may be appealed as provided for in Sections 1-23-380 and 1-23-610.
HISTORY: 1962 Code Section 8-800.434; 1974 (58) 2879; 2005 Act No. 128, Section 7, eff July 1, 2005.

Editor's Note
2005 Act No. 128, Section 27, provides as follows:
"This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 37 - Consumer Protection Code

Chapter 6 - Administration

Section 37-6-101. Short title.

Section 37-6-102. Applicability.

Section 37-6-103. "Administrator" defined.

Section 37-6-104. Powers of administrator; harmony with Federal regulations; reliance on rules; duty to report.

Section 37-6-105. Administrative powers with respect to supervised financial organizations.

Section 37-6-106. Investigatory powers.

Section 37-6-107. Administrative actions.

Section 37-6-108. Administrative enforcement orders.

Section 37-6-109. Assurance of discontinuance.

Section 37-6-110. Injunctions against violations of title.

Section 37-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.

Section 37-6-112. Temporary relief.

Section 37-6-113. Civil actions by administrator.

Section 37-6-115. Remedies not affected.

Section 37-6-116. Venue.

Section 37-6-117. Administrative responsibilities respecting consumer protection generally.

Section 37-6-118. Investigation of unfair trade practices in consumer transactions.

Section 37-6-119. Trade practices targeting vulnerable adults prohibited; penalties.

Section 37-6-201. Applicability.

Section 37-6-202. Notification.

Section 37-6-203. Fees.

Section 37-6-204. Notification; persons making consumer rental-purchase agreements.

Section 37-6-301. Council of Advisors on Consumer Credit.

Section 37-6-302. Function of council; conflict of interest.

Section 37-6-303. Meetings.

Section 37-6-401. Applicability and scope; conflict with Administrative Procedures Act.

Section 37-6-402. "Contested case"; "license"; "licensing"; "party"; "rule" defined.

Section 37-6-403. Public information; adoption of rules; availability of rules and orders.

Section 37-6-404. Procedure for adoption of rules.

Section 37-6-405. Filing and taking effect of rules.

Section 37-6-406. Publication of rules.

Section 37-6-407. Petition for adoption of rules.

Section 37-6-408. Declaratory judgment on validity or applicability of rules.

Section 37-6-409. Declaratory rulings by administrator.

Section 37-6-410. Contested cases; notice; hearing; records.

Section 37-6-411. Rules of evidence; official notice.

Section 37-6-412. Decisions and orders.

Section 37-6-413. Licenses.

Section 37-6-414. Contested case hearings before the Administrative Law Court.

Section 37-6-501. Department of Consumer Affairs; Commission on Consumer Affairs; administrator.

Section 37-6-502. Members of Commission on Consumer Affairs; terms; vacancies.

Section 37-6-503. Quorum; meetings.

Section 37-6-504. Bonds of Commission members.

Section 37-6-505. Compensation and expenses of Commission members.

Section 37-6-506. Powers and duties of Commission.

Section 37-6-507. Qualifications of administrator.

Section 37-6-508. Deputy administrator.

Section 37-6-509. Oath and bond of administrator.

Section 37-6-510. Personnel.

Section 37-6-511. Department to maintain file for each creditor of rate schedules filed by creditor; certified copies; fees.

Section 37-6-512. Advisory committee of persons with cognizable handicaps.

Section 37-6-601. Division of Consumer Advocacy created.

Section 37-6-602. Consumer Advocate; qualifications.

Section 37-6-603. Staff and expenses.

Section 37-6-604. Functions and duties of division.

Section 37-6-605. Access to records of state agencies and insurance companies.

Section 37-6-606. Petitions filed by advocate with regulatory agencies in interest of consumers.

Section 37-6-607. Advocate may maintain actions for judicial review.

Section 37-6-608. Temporary staff; compensation.

Section 37-6-609. Discretion as to Consumer Advocate's decisions.