S.C. Code Ann. § 11-35-4410 – Procurement Review Panel

(1) Creation. There is hereby created the South Carolina Procurement Review Panel which shall be charged with the responsibility to review and determine de novo:
1. (a) requests for review of written determinations of the chief procurement officers under Sections 11-35-4210 (6), 11-35-4220 (5), and 11-35-4230 (6); and
2. (b) requests for review of other written determinations, decisions, policies, and procedures as arise from or concern the procurement of supplies, services, or construction procured in accordance with the provisions of this code and the ensuing regulations; provided that any matter which could have been brought before the chief procurement officers in a timely and appropriate manner under Sections 11-35-4210, 11-35-4220, or 11-35-4230, but was not, shall not be the subject of review under this paragraph. Requests for review under this paragraph shall be submitted to the Procurement Review Panel in writing, setting forth the grounds, within fifteen days of the date of such written determinations, decisions, policies, and procedures.
(2) Membership. The panel shall be composed of:
1. (a) [Deleted]
2. (b) [Deleted]
3. (c) [Deleted]
4. (d) the chairman, or his designee, of the Procurement Policy Committee;
5. (e) five members appointed by the Governor from the State at large who shall be representative of the professions governed by this title including, but not limited to:
  1. (i) Goods and services.
  2. (ii) Information technology procurements.
  3. (iii) Construction.
  4. (iv) Architects and engineers.
  5. (v) Construction management.
  6. (vi) Land surveying services.
6. (f) two state employees appointed by the Governor.
(3) Chairperson and Meetings. The panel shall elect a chairman from the members at large and shall meet as often as necessary to afford a swift resolution of the controversies submitted to it. Five members present and voting shall constitute a quorum. At-large members of the panel shall be paid per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees. State employee members shall be reimbursed for meals, lodging, and travel in accordance with current state allowances.
(4) Jurisdiction. Notwithstanding the provisions of Section 1-23-10, et seq. or any other provisions of law, the Procurement Review Panel shall be vested with the authority to:
1. (a) establish its own rules and procedures for the conduct of its business and the holding of its hearings;
2. (b) issue subpoenas;
3. (c) interview any person it deems necessary; and
4. (d) record all determinations.
(5) Procedure. Within fifteen days of receiving a grievance filed under Sections 11-35-4210(6), 11-35-4220(5), 11-35-4230(6), or 11-35-4410(1)(b), the chairman shall convene the review panel to conduct an administrative review. The review panel shall record its determination within thirty days and shall communicate its decision to those involved in the determination. In the alternative, the chairman, within ten days, may appoint a hearing officer to conduct the administrative review and report his recommendations to the review panel for its determination. If a hearing officer is appointed, his report shall be submitted to the review panel within ten days after his appointment, and the review panel must still record its decision within thirty days after being convened for this purpose.
(6) Finality. The decision of the Procurement Review Panel is final as to administrative review and may be appealed to the circuit court under the provisions of the South Carolina Administrative Procedures Act.