SC Bar Administrative Law 2

Question 1

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

Accepted Answer

The Administrative Law Court

Answer

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

Question 2

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:

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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

Question 4

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

Accepted Answer

Submitted to the General Assembly for legislative review

Answer

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

Question 5

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

Accepted Answer

The South Carolina Court of Appeals

Answer

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

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Administrative Law 2