What is the scope of judicial review of administrative decisions?
In South Carolina, the scope of judicial review of administrative decisions is limited. Judicial review will usually only occur if there are questions of law involved in the decision that need to be addressed. For example, if the administrative agency has acted outside of its power or authority, or if the decision involves a violation of an individual’s rights or privileges. In South Carolina, the court’s review is usually limited to the record that was created before the administrative decision. This means that the court cannot consider any evidence that wasn’t presented to the administrative agency or consider any actions by the agency that aren’t included in the record. The court will also not substitute its own opinion for that of the administrative agency. It will only review the decision to determine if it was made within the power and authority granted to the agency, and to determine if due process was followed. This means that the court will consider if the appropriate procedures and rules were followed when making the decision. The court is also limited in its ability to overturn the decision of the administrative agency. If the court determines that the decision was an abuse of discretion, it can strike it down and order the administrative agency to consider the case again. Overall, the scope of judicial review of administrative decisions in South Carolina is limited. The court will usually only consider questions of law and will not substitute its own opinion for that of the administrative agency. However, if the court determines that the decision was an abuse of discretion, it can strike it down and order the administrative agency to consider the case again.
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