S.C. R. P. Admin. Law. Ct. 2

As amended through November 6, 2024
Rule 2 - Definitions
A. Administrative Law Court means an independent body of administrative law judges who preside over public hearings involving the promulgation of regulations, as authorized in S.C. Code Ann. § 1-23-111 and decide contested cases and appellate cases pursuant to the authority in S.C. Code Ann. § 1-23-310, et seq . and as otherwise provided by law.
B. Administrative Law Judge means a judge appointed pursuant to S.C. Code Ann. § 1-23-510 (1976) (as amended) who is assigned a particular matter by the Chief Administrative Law Judge, or if no administrative law judge has been assigned for a particular matter, the Chief Administrative Law Judge.
C. Agency means a state agency, department, board or commission whose action is the subject of a contested hearing, an appeal heard by an administrative law judge, or a public hearing on a proposed regulation presided over by an administrative law judge.
D. Appeal means the review conducted by an administrative law judge of an agency decision on the record established in the agency and any additional evidence presented to the administrative law judge pursuant to the Administrative Procedures Act.
E. Contested Case is defined in Section 1-23-505.
F. Court means the Administrative Law Court.
G. Docket means the roster of matters pending before the Court, including contested cases, appeals, and hearings on proposed regulations.
H. Party means each person or agency named or admitted as a party or properly seeking and entitled to be admitted as a party, including a license or permit applicant. An applicant or licensee whose application or license is the subject of a request for a contested case hearing shall be deemed a party and shall be served with copies of all papers filed in the case.

S.C. R. P. Admin. Law. Ct. 2

2019 Revised Notes

The definition of a contested case, as set forth in S.C. Code Ann. § 1-23-505, includes matters which are heard pursuant to a constitutional command for a hearing and matters, such as county tax cases, which do not come directly from a state agency. The definition of a party makes it clear that the licensee or applicant is to be made a party to any matter which involves the license or permit, and that he shall be served with copies of all papers filed in the action.