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Indicates Matter Stricken
Indicates New Matter
S. 404
STATUS INFORMATION
General Bill
Sponsors: Senators Kimbrell and Hembree
Document Path: l:\s-res\jk\003alc .kmm.jk.docx
Introduced in the Senate on January 12, 2021
Currently residing in the Senate Committee on Judiciary
Summary: Administrative Law Court, hearings and proceedings
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/9/2020 Senate Prefiled
12/9/2020 Senate Referred to Committee on Judiciary
1/12/2021 Senate Introduced and read first time (Senate Journal-page 302)
1/12/2021 Senate Referred to Committee on Judiciary
(Senate Journal-page 302)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 1-23-600 OF THE 1976 CODE, RELATING TO HEARINGS AND PROCEEDINGS IN FRONT OF THE ADMINISTRATIVE LAW COURT, TO PROVIDE THAT AGENCY INTERPRETATIONS OF RELEVANT STATUTES AND REGULATIONS ARE NOT ENTITLED TO DEFERENCE FROM THE PRESIDING ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT REVIEW OF THOSE INTERPRETATIONS SHALL BE DE NOVO, AND TO PROVIDE THAT ANY DOUBT SHALL BE EXERCISED IN FAVOR OF THE INDIVIDUAL RATHER THAN THE AGENCY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-600 of the 1976 Code is amended by adding an appropriately lettered new subsection to read:
"( ) In hearings conducted pursuant to this section, the presiding administrative law judge shall review a state agency's interpretation of relevant statutes and regulations de novo. The presiding administrative law judge shall not give deference to the state agency's interpretation and shall exercise any doubt in favor of a reasonable interpretation that limits the state agency's power and maximizes individual liberty."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
April 5, 2021 at 8:45 AM