S.C. R. P. Admin. Law. Ct. 40
The administrative law judge shall render a decision in a written order which shall be served on all parties and filed with the clerk of the Court. The administrative law judge may affirm any ruling, order or judgment upon any ground(s) appearing in the Record and need not address a point which is manifestly without merit. Judicial review of any decision of the Court shall be as provided in S.C. Code Ann. § 1-23-610 (2005) (as amended). Prior to filing a Notice of Appeal from the decision of an administrative law judge, a party must file a motion for rehearing stating with particularity the points supposed to have been overlooked or misapprehended by the court. A motion for rehearing must be filed within ten days of receipt of the order. The time for appeal is stayed by a timely motion for rehearing and runs from receipt of an order granting or denying the motion.
S.C. R. P. Admin. Law. Ct. 40
2021 Revised Notes
The rules for hearing matters on appeal from the final decision of an agency are based on the South Carolina Appellate Court Rules as modified for the less complex matters heard by the Court. The South Carolina Appellate Court Rules should be examined to resolve novel issues of appellate procedure in the Court. The administrative law judge may affirm upon any ground appearing in the Record and may decline to address points which are without merit; however, issues raised on appeal but not addressed in the order are no longer deemed denied. Motions for rehearing must be filed within ten days of receipt of the order and are only allowed in the discretion of the presiding judge. The 2021 amendment changed the rule to require a motion for rehearing as a prerequisite to filing a notice of appeal from the administrative law judge's decision.