South Carolina Code 37-6-414. Contested case hearings before the Administrative Law Court
Current as of: 2023 | Check for updates
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(A) A person who has exhausted all administrative remedies available before the administrator and who is aggrieved by the administrator’s determination is entitled to a contested case hearing before the Administrative Law Court as provided in § 1-23-600(D) and judicial review as provided in Sections 1-23-380(B) and 1-23-610. 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 for in §§ 1-23-380 and 1-23-610.
Terms Used In South Carolina Code 37-6-414
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.