South Carolina General Assembly
116th Session, 2005-2006

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Bill 3285

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 30, 2005

H. 3285

Introduced by Reps. Wilkins and Clemmons

S. Printed 3/30/05--H.

Read the first time January 12, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3285) to amend Section 1-23-610, as amended, Code of Laws of South Carolina, 1976, relating to judicial review of decisions by an administrative law judge, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Judicial Department, Administrative Law Judge Division, and Department of Health and Environmental Control each indicates there will be either no impact or a minimal fiscal impact on the General Fund of the State which can be absorbed at the current levels of funding.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 1-23-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL REVIEW OF DECISIONS BY AN ADMINISTRATIVE LAW JUDGE, SO AS TO PROVIDE THAT A FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE INVOLVING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE APPEALED AS A MATTER OF RIGHT TO THE COURT OF APPEALS.

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

SECTION    1.    Section 1-23-610(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A)    For quasi-judicial review of any final decision of an administrative law judge of cases involving departments governed by a board or commission authorized to exercise the sovereignty of the State, a petition by an aggrieved party must be filed with the appropriate board or commission and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right. A party aggrieved by a final decision of a board in such a case is entitled to judicial review of that decision by the Circuit Court under the provisions of (A) of this section and pursuant to Section 1-23-610(C); provided, however, notwithstanding another provision of law, a person aggrieved by the final decision of an administrative law judge in a case involving the South Carolina Department of Health and Environmental Control is entitled to judicial review of the decision by the Court of Appeals as a matter of right."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor.

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