2016 South Carolina Code of Laws
Title 41 - Labor and Employment
CHAPTER 7 - RIGHT TO WORK
Section 41-7-100. Civil penalties; review and appeals.

(A) An employer, labor organization, or other person who violates the provisions of this chapter may be assessed by the Director of the Department of Labor, Licensing and Regulation a civil penalty of not more than ten thousand dollars for each offense.

(B) The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter.

(C) An employer, labor organization, or other person aggrieved by a final action of the department may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the department's decision pending completion of the appellate process.

HISTORY: 2002 Act No. 357, Section 2, eff July 26, 2002; 2012 Act No. 197, Section 4, eff June 7, 2012.

Editor's Note

2004 Act No. 202, Section 3, provides as follows:

"Wherever the term 'Administrative Law Judge Division' appears in any provision of law, regulation, or other document, it must be construed to mean the Administrative Law Court established by this act."

Effect of Amendment

The 2012 amendment substituted "An employer, labor organization, or other person" for "A person" in subsections (A) and (C); substituted "ten thousand" for "one hundred" in subsection (A); and substituted "Court" for "Judge Division" throughout subsection (C).