2015 South Carolina Code of Laws
Title 39 - Trade and Commerce
CHAPTER 37 - ICE CREAM, ICE MILK AND OTHER FROZEN DESSERTS
Section 39-37-100. Review of revocation, suspension or refusal to grant license; appeals.

The action of the Department of Agriculture in refusing to grant a license or in revoking or suspending a license is subject to review by the Administrative Law Court according to its appellate rules as provided in Sections 1-23-380(B) and 1-23-600(D). An appeal from the decision of the Administrative Law Court must be taken in the manner provided by the South Carolina Appellate Court Rules.

HISTORY: 1962 Code Section 32-1708; 1952 Code Section 32-1708; 1942 Code Section 5129-1; 1934 (38) 1603; 1941 (42) 119; 1999 Act No. 55, Section 41, eff June 1, 1999; 2006 Act No. 387, Section 19, eff July 1, 2006.

Editor's Note

2006 Act No. 387, Section 53, provides as follows:

"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."

2006 Act No. 387, Section 57, provides as follows:

"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."

Effect of Amendment

The 1999 amendment changed the appeal provisions at the end of the section to refer to the Appellate Court Rules.

The 2006 amendment in the first sentence substituted "Administrative Law Court according to its appellate rules as provided in Sections 1-23-380(B) and 1-23-600(D)" for "court of common pleas in the county in which the aggrieved party resides", in the second sentence substituted "Administrative Law Court must" for "circuit court shall"; and made nonsubstantive changes throughout.