Case Type | Fee |
Dept. of Corrections (4th and subsequent filing per calendar year) | $25 |
DHEC-Health Licensing | $200 |
DHEC--Individual Septic Tanks | $100 |
DHEC-(All other, including OCRM, CON and NAD) | $500 |
Dept. of Health and Human Services (Provider Appeals) | $150 |
Dept. of Health and Human Services (All Other Cases) | $25 |
Dept. of Insurance-Rate Cases | $350 |
Dept. of Insurance-Agent Application | $200 |
Dept. of Insurance-Agent Disciplinary | $200 |
Dept. of Insurance-All Other | $200 |
LLR- Wage Disputes (Department of Labor) | $50 |
LLR- Appeals (Professional and Occupational Licensing Boards) | $200 |
Dept. of Natural Resources | $50 |
DOR-Alcoholic Beverage License Applications | $150 |
DOR-Alcoholic Beverage License Violations | $150 |
DOR-Bingo Violations | $200 |
DOR-State Tax Cases (<$100,000 in controversy) | $150 |
DOR-State Tax Cases (>$100,000 in controversy) | $500 |
County Tax Cases (Residential & Personal Property) | $75 |
County Tax Cases (Commercial) | $350 |
Dept. of Social Services (Day Care Appeals) | $100 |
Dept. of Social Services (All Other) | $25 |
Dept. of Transportation | $200 |
PEBA (Retirement, EIP) | $50 |
SLED | $100 |
Setoff Debt Collection Act | $50 |
Requests for Injunctive Relief | $200 |
Other Contested Cases and Appeals (including cases from agencies not listed herein) | $150 |
A fee of $25 will be imposed for all other motions filed with the Court. The fee must be submitted to the Clerk of the Court at the same time the motion is filed, unless a waiver of the filing fee in the case was previously granted to the party filing the motion. A motion will not be deemed filed until the fee is paid. The motion fee is not required for motions filed by the State of South Carolina or its departments or agencies.
S.C. R. P. Admin. Law. Ct. 71
2023 Revised Notes
Rule 71 provides for a schedule of filing fees as authorized by law. The filing fee varies according to the type and complexity of the case and is non-refundable. The fee is required for all requests for a contested case hearing, notices of appeal, or requests for injunctive relief except for those brought by the State of South Carolina or its departments or agencies. For those appeals brought pursuant to Al-Shabazz v. State , 338 S.C. 354, 527 S.E.2d 742 (2000), the fee applies only to the fourth and subsequent filings by an inmate during a given calendar year, and no waiver of this fee may be requested. In cases other than those involving the Department of Corrections, if a party is unable to pay the filing fee, he may request a waiver of the fee by filing the prescribed form with the Clerk of the Court. Applications for waivers must include a completed Request for Waiver and Affidavit form and a Financial Statement form. A case will not be assigned to an administrative law judge until the filing fee has been received or a waiver has been granted. Subsection (D) provides for a fifty dollar motion fee for certain substantive motions filed with the Court, and for second and subsequent motions for continuance filed in a given case. For motions not listed specifically, a twenty-five dollar motion fee is imposed. A motion will not be deemed filed with the Court until the fee has been paid. However, the motion fee is not required for motions filed by the State of South Carolina or its departments or agencies. In addition, if a party is granted a waiver of the filing fee, any fees for motions filed by that party are likewise waived. If the filing fee is only partially waived, fees for motions will be required unless otherwise ordered by the Court. The 2022 amendment allows a processing fee to be added to the filing fee. Finally, an administrative order issued by the ALC on September 6, 2022, clarified that the following uncontested motions are not subject to filing fees:
. Motion to Withdraw Request for Contested Case or Appeal
. Consent Motion for Dismissal (signed by all parties)
. Initial Consent Scheduling Order (amended request requires motion and fee)
. Consent Confidentiality Order
. Consen. Consent Order filed resolving a motion for which the fee has been paid.
. Consent Protective Order.