S.C. R. P. Admin. Law. Ct. 59

As amended through November 6, 2024

Rule 59 - Notice of Appeal

The notice of appeal from the final decision to be heard by the Administrative Law Court shall be filed with the Court and a copy served on each party, including the agency, within thirty (30) days of receipt of the decision from which the appeal is taken. The notice shall be on the form prescribed by the Court pursuant to Rule 57 and shall contain the following information:

A. the name, address, SCDC number, and telephone number of the party requesting the appeal, and the name, address, and telephone number of the attorney or other authorized representative, if any, representing that party;

B. a brief factual basis for each expressly and specifically asserted constitutional violation;

C. a copy of the final decision which is the subject of the appeal and the date received;

D. proof of service of the notice of appeal on all parties.

Any notice of appeal which is incomplete or not in compliance with this rule or Rule 71 will not be assigned to an administrative law judge until all required information is received and any applicable filing fee is processed. Within seventy (70) days of the date the case is assigned to an Administrative Law Judge (date of assignment), the agency shall file the record with the Court, including a statement of the contents of the record, unless the time for filing the record is extended by the Administrative Law Judge assigned to the appeal. Motions to extend the time for filing the record will only be granted in exceptional circumstances. If the agency files a motion to dismiss the appeal prior to filing the record, such a motion shall stay the time for the agency to prepare the transcript and file the record pending resolution of the motion. The time for filing briefs shall likewise be stayed by the filing of a motion to dismiss. Unless otherwise ordered, the initial time frames for the filing of the record and briefs shall begin upon the resolution of the motion by the court. The time frames shall run from the date of the order resolving the motion rather than the date of assignment, without regard to any time which elapsed prior to the filing of the motion. The filing of a motion other than a motion to dismiss shall not stay any time limits imposed by these Rules.

S.C. R. P. Admin. Law. Ct. 59

2019 Revised Notes

The notice of appeal must be on the Court's prescribed form and must be filed and served within 30 days of receipt of the order appealed from. The notice must contain the prescribed information and must be accompanied by proof of service and any applicable filing fee. Notices which are not in compliance with this Rule or Rule 71 will not be assigned to an administrative law judge until all required information and applicable fees are received. The record on appeal must be filed within seventy days of the date of assignment to an Administrative Law Judge. When the agency files a motion to dismiss prior to filing the record, the motion to dismiss stays the time for filing the record and for the submission of briefs. Upon resolution of the motion to dismiss, the initial time frames for filing the record and briefs are in effect, and the time runs from the date of the order resolving the motion rather than the date of assignment. Motions other than motions to dismiss do not stay any of the time limits imposed by the rules. Motions to extend the time for filing the record on appeal will only be granted in exceptional circumstances.