South Carolina Code of Laws
Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations
Section 45-9-75. Final decision of panel; appeals.

The final decision or order of the panel must be in writing and must include the findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. The panel must list licenses or permits to be revoked in its order. No finding or conclusion may be included in the order of the panel unless it is supported by substantial evidence in the record before the panel.
The commission shall send copies of the final order of determination to each party named in the complaint, all attorneys of record, and other interested parties within fifteen days of the conclusion of the hearing.
Notwithstanding another provision of law, the determination by the panel is not subject to appeal to the full commission and is the final administrative action. Appeal must be to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and then judicial review as provided in Sections 1-23-380 and 1-23-390.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990; 2006 Act No. 387, Section 22, eff July 1, 2006.

Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 45 - Hotels, Motels, Restaurants and Boardinghouses

Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations

Section 45-9-10. All persons entitled to equal enjoyment of and privileges to public accommodations; places of public accommodation; "supported by state action" defined.

Section 45-9-20. Exception for private establishments.

Section 45-9-30. Deprivation of right to equal enjoyment of and privileges to public accommodations prohibited.

Section 45-9-40. Processing of complaints; review by State Human Affairs Commission; complaint by Attorney General.

Section 45-9-50. Hearing on complaint by Attorney General; notice of hearing.

Section 45-9-60. State Human Affairs Commission may establish rules of procedure for hearings; subpoenas; rights of persons charged; rules of evidence; scope of hearing; deliberations of panel; remedies for violation.

Section 45-9-65. Liability of employer for acts of employee; conditions under which revocation of license not required for pattern or practice of discriminatory conduct.

Section 45-9-70. Right to intervene in action.

Section 45-9-75. Final decision of panel; appeals.

Section 45-9-80. Attorney General to notify permitting, regulatory, or licensing authority of violations; immediate revocation of license or permit; enforcement of panel's decision; violators not to obtain license or permit for three years.

Section 45-9-85. Penalty for violating confidentiality provisions.

Section 45-9-90. Penalty for violating provisions of Article 1.

Section 45-9-100. Action for damages by aggrieved party; minimum damages for violation.

Section 45-9-110. Prerequisites to action for damages; conciliation.

Section 45-9-120. Prerequisites to action for damages not to limit right to pursue license revocation or criminal penalties.