Administrative Law Flashcards

Under the South Carolina Administrative Procedures Act, contested cases from most state agencies are heard in the first instance by which tribunal?

Answer: The Administrative Law Court

The SC Administrative Law Court (ALC) is the executive-branch tribunal that hears most contested cases under the APA.

A South Carolina agency denies a professional license after an evidentiary hearing. On judicial review, the reviewing court may reverse the agency's factual findings only if they are:

Answer: Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record

S.C. Code § 1-23-380 permits reversal of factual findings only when clearly erroneous in view of the substantial evidence on the whole record.

Before a South Carolina agency may adopt a new regulation of general applicability, the APA generally requires the agency to:

Answer: Publish notice in the State Register and provide an opportunity for public comment

Notice in the State Register and an opportunity for public comment are core rulemaking requirements under the SC APA.

In South Carolina, most proposed regulations do not become effective until they have been:

Answer: Submitted to the General Assembly for legislative review

The SC APA requires submission of most proposed regulations to the General Assembly, which may disapprove them during the review period.

A party who is dissatisfied with a final decision of the South Carolina Administrative Law Court in a contested case generally seeks review in:

Answer: The South Carolina Court of Appeals

Appeals from final ALC decisions generally go to the South Carolina Court of Appeals under § 1-23-610.

A doctrine requiring a litigant to pursue all available agency remedies before seeking judicial relief is known as:

Answer: Exhaustion of administrative remedies

Exhaustion requires completion of the administrative process before courts will intervene.

Under the South Carolina APA, a 'contested case' is a proceeding in which:

Answer: The legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for a hearing

The APA defines a contested case as one where legal rights, duties, or privileges must be determined after an opportunity for hearing.