An order, decision, or other official act which revokes a registration or license issued by the commissioner, may be appealed by a person concerned by filing a notice of appeal with the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D) and by serving the commissioner or someone of discretion at his office, within thirty days after receipt of written notice of the order, decision, or official act affecting the registration or license of the person concerned. The commissioner, within thirty days after service of the notice of appeal, shall make a return to the Administrative Law Court as provided in its appellate rules.
HISTORY: 1962 Code Section 3-20; 1957 (50) 56; 2006 Act No. 387, Section 23, 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
Chapter 3 - Department And Commissioner Of Agriculture
Section 46-3-10. Duties of department.
Section 46-3-20. Department shall issue food manufacturers, processors, and packers permits.
Section 46-3-30. Commissioner of Agriculture; qualifications.
Section 46-3-40. Election; term; vacancies.
Section 46-3-80. Duties of Commissioner.
Section 46-3-90. Sale of marl or ground limestone.
Section 46-3-100. Arrangements for inoculating material.
Section 46-3-110. Disposition of moneys derived from sale of inoculating material.
Section 46-3-120. Departments and institutions shall furnish information.
Section 46-3-130. Contracts for use of department personnel and facilities by other State agencies.
Section 46-3-140. Annual report of department's work.
Section 46-3-145. "Beneficiary class" defined; department involvement with loan programs.
Section 46-3-170. Suits by and against Commissioner and venue.
Section 46-3-175. Agribusiness license; fees; bonding requirements.
Section 46-3-180. Revocation of registrations or licenses; generally.
Section 46-3-190. Revocation of registrations or licenses; notice and hearing required.
Section 46-3-200. Revocation of registrations or licenses; procedural powers of Commissioner.
Section 46-3-210. Revocation of registrations or licenses; bond to stay revocation.
Section 46-3-220. Revocation of registrations or licenses; appeal.
Section 46-3-230. Release of certain items from restraining orders.
Section 46-3-240. Enforcement of food and drug regulations.
Section 46-3-270. Waiver of remittance of indirect cost recoveries for the Specialty Crop Grant.
Section 46-3-280. Agriculture programs to assist veterans; fund; regulations.