Any person paying a fine levied by the director or his designee, under protest, may at any time within thirty days after payment, but not afterwards, bring an action against the director or his designee for the recovery thereof in the court of common pleas of the county in which the fine was payable. If it is determined in that action that the fine was wrongfully or illegally levied and collected, for any reason going to the merits, the court before whom the case is tried shall certify of record that the fine was wrongfully collected and should be refunded and thereupon the Comptroller General shall issue his warrant for the refunding of the fine so paid.
HISTORY: Former 1976 Code Section 38-55-380 [1962 Code Section 37-1238; 1964 (53) 2293] recodified as Section 38-57-290 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 720.
Structure South Carolina Code of Laws
Section 38-57-10. Declaration of purpose.
Section 38-57-20. "Person" defined.
Section 38-57-30. Unfair methods and deceptive acts prohibited.
Section 38-57-40. Misrepresentation or false advertising of policies prohibited.
Section 38-57-50. False information or advertising as to insurance business prohibited.
Section 38-57-60. Fraudulently inducing insured to change, alter, or retain insurance prohibited.
Section 38-57-70. Misrepresentations in adjustment of claims prohibited.
Section 38-57-75. Vehicle glass repair procedures.
Section 38-57-80. False financial statements prohibited.
Section 38-57-90. Defamation prohibited.
Section 38-57-100. Boycotts, intimidation, and coercion prohibited.
Section 38-57-110. Coercion of business by sellers or lenders prohibited.
Section 38-57-150. Inducements prohibited; exception.
Section 38-57-160. Advertising gifts permitted.
Section 38-57-170. Free insurance or advertisement prohibited; exceptions.
Section 38-57-180. Insurance cost must be specified in sales and loans.
Section 38-57-200. Findings and order.
Section 38-57-210. Intervenor at hearing; judicial review at instance of intervenor.
Section 38-57-220. Immunity from prosecution.
Section 38-57-230. Violation of cease and desist order.
Section 38-57-240. Notice of levy and proceedings for collection.
Section 38-57-250. Filing order with clerk of court.
Section 38-57-260. Levy of execution; sheriff's fees.
Section 38-57-270. Remedies when fine not satisfied in full.
Section 38-57-280. Payment of fine under protest.
Section 38-57-290. Action for recovery of fine paid under protest.
Section 38-57-310. Limit of recovery against director or designee.