What are the rules governing judicial review of administrative actions?

In South Carolina, the rules governing judicial review of administrative actions are found in the South Carolina Administrative Procedures Act (SCAPA). The SCAPA outlines the procedures to be followed when a person challenges a decision by an administrative agency. The SCAPA states that any person who is adversely affected by an administrative decision may file a petition in the court of common pleas to have the action reviewed. The petition must state the basis for the challenge and must be filed within 30 days of the administrative decision. The court will then review the decision and the evidence presented by the petitioner. If the court finds that the agency’s decision was unlawful or unreasonable, it may overturn the decision and order the agency to take a different action. The SCAPA also states that the court must consider all relevant facts and evidence presented by both parties and is not bound by the agency’s interpretation of the facts. The court may also review the record of the proceedings to ensure that the agency made its decision in accordance with due process. The SCAPA also provides for a judicial appeal process. If the court of common pleas upholds the administrative decision, the person may appeal the decision to the South Carolina Supreme Court or the Court of Appeals. The appellate court may then review the decision and overturn it if it finds that the lower court was in error.

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What are the rules governing judicial review of administrative actions?

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