South Carolina § 41-35-750 - Procedure to obtain review.

§ 41-35-750. Procedure to obtain review.

Within thirty days from the date of mailing the department's decision, a party to the proceeding whose benefit rights or whose employer account may be affected by the department's decision may initiate an action in the administrative law court against the department for the review of its decision, in which action every other party to the proceeding before the department must be made a defendant. In this action a petition, which need not be verified but which must state the grounds on which a review is sought, must be served on the executive director or on a person designated by the department within the time specified by this section. Service is considered complete service on all parties, but there must be left with the person served as many copies of the petition as there are defendants, and the department promptly shall mail one copy to each defendant. With its answer the department must certify and file with the court all documents and papers and a transcript of all testimony taken in the matter and its findings of fact and decision. The department also may certify to the court questions of law involved in a decision by the department. In a judicial proceeding under this chapter, the findings of the department regarding facts, if supported by evidence and in the absence of fraud, must be conclusive and the jurisdiction of the administrative law court must be confined to questions of law. These actions, and the questions so certified, must be heard in a summary manner and must be given precedence over other cases. An appeal may be taken from the decision of the administrative law court pursuant to the South Carolina Appellate Court Rules and Section 1-23-610. It is not necessary in a judicial proceeding under this article to enter exceptions to the rulings of the department, and no bond is required for entering the appeal. Upon the final determination of the judicial proceeding, the department must enter an order in accordance with the determination. A petition for judicial review must not act as a supersedeas or stay unless the department orders a supersedeas or stay.

HISTORY: 1962 Code SECTION 68-165; 1952 Code SECTION 68-165; 1942 Code SECTION 7035-86; 1936 (39) 1716; 1939 (41) 487; 1941 (42) 369; 1999 Act No. 55, SECTION 43, eff June 1, 1999; 2002 Act No. 203, SECTION 6, eff April 10, 2002; 2006 Act No. 387, SECTION 20, eff July 1, 2006; 2010 Act No. 146, SECTION 98, eff March 30, 2010.

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 1999 amendment, in the seventh sentence, changed the appeal provisions to refer to the Appellate Court Rules and made nonsubstantive changes.

The 2002 amendment, in the first sentence, substituted "the time specified by the South Carolina Administrative Procedures Act, a" for "ten days after a decision of the commission has become final, any", "whose benefit rights or whose employer account may be affected" for "who claims to be aggrieved", inserted "commission's" preceding "decision"; in the second sentence, inserted "within the time specified by the South Carolina Rules of Civil Procedure governing these appeals" following "designate"; in the third sentence, inserted "promptly" following "commission", deleted "forthwith" preceding "mail"; in the fifth sentence, deleted ", in its discretion" following "commission", and substituted "the commission" for "it"; in the tenth sentence, substituted "orders a supersedeas or stay" for "shall so order"; and made nonsubstantive changes throughout.

The 2006 amendment in the first sentence substituted "thirty days from the date of mailing of the commission's decision" for "the time specified by the South Carolina Administrative Procedures Act"; and at the end of the second sentence substituted "this section" for "the South Carolina Rules of Civil Procedure governing these appeals".

The 2010 amendment rewrote this section to provide the administrative law court with jurisdiction over decisions of the department.