South Carolina § 55-5-230 - Appeal from orders.

§ 55-5-230. Appeal from orders.

A person against whom an order is entered may appeal within thirty days after the service to the Administrative Law Court as provided in Sections 1-23-380 and 1-23-600(D) for the purpose of having the reasonableness or lawfulness of the order inquired into and determined.

HISTORY: 1962 Code SECTION 2-70; 1952 Code SECTION 2-70; 1942 Code SECTION 7112-16; 1935 (39) 447; 1993 Act No. 181, SECTION 1289, eff July 1, 1993; 2006 Act No. 387, SECTION 33, eff July 1, 2006; 2012 Act No. 270, SECTION 3, eff June 18, 2012.

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."

Effect of Amendment

The 1993 amendment reprinted this section with no apparent change.

The 2006 amendment substituted "thirty" for "ten" and "Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)" for "circuit court of the county in which the property affected by the order is located"; and made nonsubstantive changes throughout.

The 2012 amendment substituted "1-23-380" for "1-23-380(B)".