South Carolina Code of Regulations
Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS
28-24 - Rehearing and Review.
28-24. Rehearing and Review.
A. Time for Filing: Petitions for rehearing must be filed by a party within twenty (20) days after being served with a copy of the order or decision.
B. Detail of Petition: The petition for rehearing shall set forth specifically and in detail the particulars in which it is claimed the Administrator's order or decision is unlawful, unreasonable, or unfair. If the petition for rehearing is based upon a claim that the Administrator failed to consider certain evidence, such petition shall include an abstract of that evidence relied upon by the petitioner.
C. Petition Based on New Evidence: The petition may be based upon newly discovered evidence. When such ground is used, the petition shall be accompanied by an affidavit setting forth the nature and extent of such evidence, its relevancy to the issues involved, and a statement that the party could not, with reasonable diligence, have discovered the evidence prior to the former hearing.
D. Action on Petition: Upon the filing of a petition for rehearing, the Administrator may set a time for the hearing of said petition, or may summarily grant or deny said petition in whole or in part.
E. Rehearings Limited: If an order is made granting the petition for rehearing, it shall be limited to the matter specified in such order. Upon rehearing of any proceeding the Administrator may confirm his former judgment or abrogate, change, or modify the same in any particular. Such order and decision shall have the same force and effect as the original order and decision, but shall not affect any right or the enforcement of any right arising out of or by virtue of the original order and decision unless so ordered by the Administrator.
F. Judicial Review:
(1) A person who has exhausted all the administrative remedies available before the Administrator and who is aggrieved by a final decision in a contested case is entitled to judicial review.
(2) Judicial review shall be conducted pursuant and subject to the Administrative Procedures Act, (as amended).
HISTORY: Amended by State Register Volume 17, Issue No. 2, eff February 26, 1993.