S 0864 General Bill, By Leventis, Elliott, Martin, McConnell, O'Dell, Reese and 
Washington
 A Bill to amend Section 1-23-370, Code of Laws of South Carolina, 1976,
 relating to procedures regarding issuance, denial, or renewal of licenses, so
 as to require all state regulatory agencies which issue licenses to refund the
 prorata share of any license fee when that license is either voluntarily
 canceled or relinquished by the licensee.

   09/27/93  Senate Prefiled
   09/27/93  Senate Referred to Committee on Judiciary
   01/11/94  Senate Introduced and read first time SJ-23
   01/11/94  Senate Referred to Committee on Judiciary SJ-23

A BILL

TO AMEND SECTION 1-23-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES REGARDING ISSUANCE, DENIAL, OR RENEWAL OF LICENSES, SO AS TO REQUIRE ALL STATE REGULATORY AGENCIES WHICH ISSUE LICENSES TO REFUND THE PRORATA SHARE OF ANY LICENSE FEE WHEN THAT LICENSE IS EITHER VOLUNTARILY CANCELED OR RELINQUISHED BY THE LICENSEE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 1-23-370 of the 1976 Code is amended to read:

"Section 1-23-370. (a) When the grant, denial or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this article and Article 1 concerning contested cases apply.

(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

(c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

(d) Agencies under this article, which issue licenses, are required to refund the prorata portion of any license fee when the license is either canceled or voluntarily relinquished by the licensee. The proration must be calculated on a calendar quarter basis and any refund required would only apply to any remaining whole quarters from the time of cancellation to the end of the license period. No licensee shall be eligible for a refund under the provisions of this section if the license has been canceled, relinquished, or revoked as a result of an enforcement action or a failure to adhere to the conditions of the license."

SECTION 2. This act takes effect upon approval by the Governor.