South Carolina § 40-58-90 - Request for contested case hearing before Administrative Law Court.

§ 40-58-90. Request for contested case hearing before Administrative Law Court.

(A) A person aggrieved by an administrative order issued by the administrator may request a contested case hearing before the Administrative Law Court in accordance with the court's rules of procedure. If the person fails to request a contested case hearing within the time provided in the court's rules of procedure, the administrative order becomes final and the administrator may bring an action to enforce its order pursuant to Chapter 23, Title 1. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate action or ruling of the Administrative Law Court is reviewable immediately if review of the final decision of the Administrative Law Court would not provide an adequate remedy.

(B) Contested case proceedings are instituted by filing a request for a contested case hearing with the Administrative Law Court according to the rules of procedure of the Administrative Law Court. Copies of the request for a contested case hearing must be served upon the administrator and all parties of record. The final decision of the administrative law judge may be appealed as provided in Chapter 23, Title 1.

HISTORY: 2009 Act No. 67, SECTION 5.

Editor's Note

Prior Laws:1988 Act No. 544; 1993 Act No. 172, SECTION 1; 2005 Act No. 7, SECTION 1; 2005 Act No. 128, SECTION 14.