1 Indicates Matter Stricken

2 Indicates New Matter

3
4 COMMITTEE AMENDMENT ADOPTED AND AMENDED
5 March 8, 2017
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7 S. 105
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9 Introduced by Senators Rankin, Goldfinch, and Verdin
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11 S. Printed 3/8/17--S. [SEC 3/9/17 12:05 PM]
12 Read the first time January 10, 2017.
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9 A BILL
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11 TO AMEND SECTION 1-23-600 OF THE 1976 CODE,
12 RELATING TO HEARINGS AND PROCEEDINGS IN
13 CONTESTED CASES IN THE ADMINISTRATIVE LAW
14 COURT, TO PROVIDE THAT A STAY OF AN AGENCY
15 ORDER REMAINS IN EFFECT FOR THIRTY DAYS, RATHER
16 THAN FOR AN UNDETERMINED TERM, OR UNTIL AN
17 ORDER HAS BEEN ISSUED REGARDING A PRELIMINARY
18 INJUNCTION; TO REVISE THE PROCEDURE FOR STAYS
19 CONCERNING THE REVOCATION, SUSPENSION, OR
20 RENEWAL OF A LICENSE AND PAYMENT OF FINES; TO
21 DELETE THE PROVISION THAT THE COURT SHALL LIFT
22 THE STAY FOR GOOD CAUSE SHOWN OR IF NO
23 IRREPARABLE HARM WILL OCCUR AND ALSO DELETE
24 THE REQUIREMENT THAT A HEARING MUST BE HELD
25 WITHIN THIRTY DAYS TO LIFT THE AUTOMATIC STAY OR
26 FOR A DETERMINATION OF THE APPLICABILITY OF THE
27 AUTOMATIC STAY; TO PROVIDE THAT ANY
28 PRELIMINARY INJUNCTION ORDERED BY THE
29 ADMINISTRATIVE LAW COURT MAY REQUIRE THE
30 POSTING OF A BOND OR OTHER SUFFICIENT SECURITY;
31 AND TO EXEMPT STATE AGENCIES FROM THE
32 REQUIREMENT TO POST A BOND UNDER THIS SECTION.
33 Amend Title To Conform
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35 Be it enacted by the General Assembly of the State of South
36 Carolina:
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38 SECTION 1. Section 1-23-600(H) of the 1976 Code is amended to
39 read:
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41 “(H)(1) This subsection applies to timely requests for a
42 contested case hearing pursuant to this section of decisions by

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 1 departments governed by a board or commission authorized to
2 exercise the sovereignty of the State.
3 (2) A request for a contested case hearing for an agency order
4 stays the order. A request for a contested case hearing for an order
5 to revoke or suspend a license stays the revocation or suspension. A
6 request for a contested case hearing for a decision to renew a license
7 for an ongoing activity stays the renewed license, the previous
8 license remaining in effect pending completion of administrative
9 review. A request for a contested case hearing for a decision to issue
10 a new license stays all actions for which the license is a prerequisite;
11 however, matters not affected by the request may not be stayed by
12 the filing of the request. If the request is filed for a subsequent
13 license related to issues substantially similar to those considered in
14 a previously licensed matter, the license may not be automatically
15 stayed by the filing of the request. If the requesting party asserts in
16 the request that the issues are not substantially similar to those
17 considered in a previously licensed matter, then the license must be
18 stayed until further order of the Administrative Law Court.
19 Requests for contested case hearings challenging only the amount
20 of fines or penalties must be deemed considered not to affect those
21 portions of such orders imposing substantive requirements.
22 (3) The general rule of subsection (H)(2) does not stay
23 emergency actions taken by an agency pursuant to an applicable
24 statute or regulation.
25 (4)(a) After Ninety days after a contested case is initiated
26 before the Administrative Law Court, a party may move before the
27 presiding administrative law judge to lift the stay imposed pursuant
28 to this subsection or for a determination of the applicability of the
29 automatic stay. A hearing must be held within thirty days after any
30 party files a motion with the court and serves the motion upon the
31 parties. Upon motion by any party, the The court shall lift the stay
32 for good cause shown or if no irreparable harm will occur, then the
33 stay shall be lifted unless the party that requested a contested case
34 hearing proves: (i) the likelihood of irreparable harm if the stay is
35 lifted, (ii) the substantial likelihood that the party requesting the
36 contested case and stay will succeed on the merits of the case, (iii)
37 the balance of equities weigh in favor of continuing the stay, and
38 (iv) continuing the stay serves the public interest. A hearing must
39 be held within thirty days after the motion is filed with the court and
40 served upon the parties to lift the automatic stay or for a
41 determination of the applicability of the automatic stay. The judge
42 must issue an order no later than fifteen business days after the
43 hearing is concluded. If the stay is lifted, action undertaken by the

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 1 permittee or licensee does not moot and is not otherwise considered
2 an adjudication of the issues raised by the request for a contested
3 case hearing. Notwithstanding the provisions of this item, the
4 process to lift a stay as provided in this item does not apply to a
5 contested case concerning a permit or license involving hazardous
6 waste as defined in Section 44-56-20(6), and a stay in such a
7 contested case must not be lifted until the contested case is
8 concluded and the Administrative Law Court has filed its final order
9 in the matter.
10 (b) Notwithstanding any other provision of law, in a
11 contested case arising under this subsection, the Administrative Law
12 Court shall file a final decision on the merits of the case no later than
13 twelve months after the contested case is filed with the Clerk of the
14 Administrative Law Court, unless all parties to the contested case
15 consent to an extension or the court finds substantial cause
16 otherwise.
17 (5) A final decision issued by the Administrative Law Court
18 in a contested case may not be stayed except by order of the
19 Administrative Law Court or the court of appeals.
20 (6) Nothing contained in this subsection constitutes a
21 limitation on the authority of the Administrative Law Court to
22 impose a stay as otherwise provided by statute or by rule of court.”
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24 SECTION 2. Section 1-23-670 of the 1976 Code is amended to
25 read:
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27 “Section 1-23-670. Each request for a contested case hearing,
28 notice of appeal, or request for injunctive relief before the
29 Administrative Law Court must be accompanied by a filing fee
30 equal to that charged in circuit court for filing a summons and
31 complaint, unless another filing fee schedule is established by rules
32 promulgated by the Administrative Law Court, subject to review as
33 in the manner of rules of procedure promulgated by the Supreme
34 Court pursuant to Article V of the Constitution of this State. This
35 fee must be retained by the Administrative Law Court in order to
36 help defray the costs of the proceedings. No filing fee is required in
37 administrative appeals by inmates from final decisions of the
38 Department of Corrections or the Department of Probation, Parole
39 and Pardon Services. However, if an inmate files three
40 administrative appeals during a calendar year, then each subsequent
41 filing during that year must be accompanied by a twenty-five dollar
42 filing fee. If the presiding administrative law judge determines at the
43 conclusion of the proceeding that the case was frivolous or taken

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1 solely for the purpose of delay, the judge may impose such sanctions
2 as the circumstances of the case and discouragement of like conduct
3 in the future may require, including the sanctions authorized in the
4 Frivolous Civil Proceedings Sanctions Act, Title 15, Chapter 36,
5 and as otherwise provided by law.”
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7 SECTION 3. This act takes effect upon approval by the Governor.
8 ----XX----
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