S.C. R. P. Admin. Law. Ct. 71

As amended through June 24, 2024

Rule 71 - Filing Fee

A. Cases for which Fee Required. Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the Court must be accompanied by a non-refundable filing fee in the amount set forth in Rule 71(C). A case will not be assigned to an administrative law judge and will not be processed until the filing fee has been paid or a waiver has been granted pursuant to Rule 71(B). This fee is not required for contested cases, appeals, or requests for injunctive relief brought by the State of South Carolina or its departments or agencies. For appeals brought pursuant to Al-Shabazz v. State , 338 S.C. 354, 527 S.E.2d 742 (2000), the fee will be assessed only for the third and subsequent appeals filed by an inmate during a given calendar year

B. Request for Waiver. A party who is unable to pay the filing fee may request a waiver of the fee by filing a completed Request for Waiver and Affidavit and a Financial Statement form with the Clerk of the Court at the same time the request for a contested case, notice of appeal, or request for injunctive relief is filed with the Court. These forms shall be issued by the Clerk of the Court. If the filing fee is not waived, the party must pay the filing fee within ten days of the date of receipt of the order denying waiver of the filing fee. If the filing fee for a case is waived for the party, any motions filed by that party in that case are exempt from the motion fee as provided in Rule 71(D).

C. Schedule of Filing Fees. The filing fee will be assessed according to the following schedule:

Case Type	Fee
Dept. of Corrections (4th and subsequent filing per calendar year)	$25
DHEC-Health Licensing	$200
DHEC--Individual Septic Tanks	$100
DHEC-(All other, including OCRM, CON and NAD)	$500
Dept. of Health and Human Services (Provider Appeals)	$150
Dept. of Health and Human Services (All Other Cases)	$25
Dept. of Insurance-Rate Cases	$350
Dept. of Insurance-Agent Application	$200
Dept. of Insurance-Agent Disciplinary	$200
Dept. of Insurance-All Other	$200
LLR- Wage Disputes (Department of Labor)	$50
LLR- Appeals (Professional and Occupational Licensing Boards)	$200
Dept. of Natural Resources	$50
DOR-Alcoholic Beverage License Applications	$150
DOR-Alcoholic Beverage License Violations	$150
DOR-Bingo Violations	$200
DOR-State Tax Cases (<$100,000 in controversy)	$150
DOR-State Tax Cases (>$100,000 in controversy)	$500
County Tax Cases (Residential & Personal Property)	$75
County Tax Cases (Commercial)	$350
Dept. of Social Services (Day Care Appeals)	$100
Dept. of Social Services (All Other)	$25
Dept. of Transportation	$200
PEBA (Retirement, EIP)	$50
SLED	$100
Setoff Debt Collection Act	$50
Requests for Injunctive Relief	$200
Other Contested Cases and Appeals (including cases from agencies not listed herein)	$150

D. Motion Fees. A fee of $50 will be imposed for the following motions filed with the Court:

(1) Motion for Summary Judgment

(2) Motion to Intervene

(3) Motion to Dismiss

(4) Motion for Injunctive Relief (in a pending case)

(5) Motion to Compel

(6) Motion for Reconsideration or Rehearing

(7) Second and subsequent Motions for Continuance

A fee of $25 will be imposed for all other motions filed with the Court. The fee must be submitted to the Clerk of the Court at the same time the motion is filed, unless a waiver of the filing fee in the case was previously granted to the party filing the motion. A motion will not be deemed filed until the fee is paid. The motion fee is not required for motions filed by the State of South Carolina or its departments or agencies.

E. Electronic Processing Fee. Any documents filed using the Court's e-filing system may be assessed an additional fee up to $10.

S.C. R. P. Admin. Law. Ct. 71

Amended effective 4/18/2022; amended effective 4/11/2023.

2023 Revised Notes

Rule 71 provides for a schedule of filing fees as authorized by law. The filing fee varies according to the type and complexity of the case and is non-refundable. The fee is required for all requests for a contested case hearing, notices of appeal, or requests for injunctive relief except for those brought by the State of South Carolina or its departments or agencies. For those appeals brought pursuant to Al-Shabazz v. State , 338 S.C. 354, 527 S.E.2d 742 (2000), the fee applies only to the fourth and subsequent filings by an inmate during a given calendar year, and no waiver of this fee may be requested. In cases other than those involving the Department of Corrections, if a party is unable to pay the filing fee, he may request a waiver of the fee by filing the prescribed form with the Clerk of the Court. Applications for waivers must include a completed Request for Waiver and Affidavit form and a Financial Statement form. A case will not be assigned to an administrative law judge until the filing fee has been received or a waiver has been granted. Subsection (D) provides for a fifty dollar motion fee for certain substantive motions filed with the Court, and for second and subsequent motions for continuance filed in a given case. For motions not listed specifically, a twenty-five dollar motion fee is imposed. A motion will not be deemed filed with the Court until the fee has been paid. However, the motion fee is not required for motions filed by the State of South Carolina or its departments or agencies. In addition, if a party is granted a waiver of the filing fee, any fees for motions filed by that party are likewise waived. If the filing fee is only partially waived, fees for motions will be required unless otherwise ordered by the Court. The 2022 amendment allows a processing fee to be added to the filing fee. Finally, an administrative order issued by the ALC on September 6, 2022, clarified that the following uncontested motions are not subject to filing fees:

. Motion to Withdraw Request for Contested Case or Appeal

. Consent Motion for Dismissal (signed by all parties)

. Initial Consent Scheduling Order (amended request requires motion and fee)

. Consent Confidentiality Order

. Consen. Consent Order filed resolving a motion for which the fee has been paid.

. Consent Protective Order.