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TO AMEND SECTION 1-23-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 1-23-610, BOTH RELATING TO THE APPEAL OF A FINAL DECISION RENDERED BY AN AGENCY, BOARD, COMMISSION, OR ADMINISTRATIVE LAW JUDGE IN CONNECTION WITH THE ADMINISTRATIVE PROCEDURES ACT, BOTH SO AS TO REQUIRE THE FILING OF AN APPEAL BOND WITH THE PETITION FOR APPEAL TO THE CIRCUIT COURT, TO REQUIRE THAT THE AMOUNT OF THE BOND BE APPROVED AS SUFFICIENT, AND TO REQUIRE THAT THE BOND BE MAINTAINED THROUGHOUT THE APPEALS PROCESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-380 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:
"(C)(1) A petition for the appeal to the Circuit Court of a final agency decision pursuant to subsection (A) must be filed with an appeal bond in an amount approved by a majority of the members of the agency who rendered the final decision as being sufficient surety for the enforcement of the decision.
(2) A petition for the appeal to the Circuit Court of a final decision of an Administrative Law Judge in a contested case decided by a professional and occupational licensing board within the Department of Labor, Licensing and Regulation pursuant to subsection (B) must be filed with an appeal bond in an amount approved by the Administrative Law Judge who rendered the decision as being sufficient surety for the enforcement of the decision.
(3) The appeal bond prescribed in this section must be maintained by the appealing party until the appeals process is terminated."
SECTION 2. Section 1-23-610 of the 1976 Code, as added by Act 181 of 1993, is amended by adding:
"(E) A petition for the appeal of a final decision of a board or commission, pursuant to subsection (A), or of a final decision of an Administrative Law Judge, pursuant to subsections (B) and (C), must be filed with an appeal bond in an amount approved by the board or commission or the Administrative Law Judge who rendered the final decision as being sufficient surety for enforcement of the decision."
SECTION 3. This act takes effect upon approval by the Governor and applies to all subject petitions for appeal filed after that date.
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