South Carolina § 37-6-402 - "Contested case"; "license"; "licensing"; "party"; "rule" defined.

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

In this part:

(1) "Contested case" means a proceeding including, but not restricted to, a proceeding initiated pursuant to the provisions on administrative enforcement orders as provided in Section 37-6-108(A) and licensing matters in which the legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for hearing.

(2) "License" means a license authorizing a person to make supervised loans pursuant to the provisions on authority to make supervised loans (Section 37-3-502) and restricted loans pursuant to Chapter 29, Title 34 (the South Carolina Consumer Finance Act).

(3) "Licensing" includes the Board of Bank Control's process respecting the grant, denial, revocation, suspension, annulment, withdrawal, or amendment of a license.

(4) "Party" means the administrator and each person named or admitted as a party, or who is aggrieved by action taken and seeks to be admitted as a party.

(5) "Rule" means each rule authorized by this title that applies generally and implements, interprets or prescribes law or policy, or each statement by the administrator that applies generally and describes the administrator's procedure or practice requirements or the organization of his office. The term includes the amendment or repeal of a prior rule but does not include:

(a) statements concerning only the internal management of the administrator's office and not affecting private rights or procedures available to the public;

(b) declaratory rulings issued pursuant to the provisions of declaratory rulings by administrator (Section 37-6-409);

(c) intraoffice memoranda.

HISTORY: 1962 Code SECTION 8-800.422; 1974 (58) 2879; 1976 Act No. 680 SECTIONS 50-52; 2005 Act No. 128, SECTION 21, 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."