S.C. Code Ann. § 12-21-2805 – [Repealed, effective July 1, 2000] Enforcement by the department or the division; enforcement by civil action

(A) When the department or the division is notified in writing that an establishment, owner or distributor is or has been in violation of this article or Article 19 of this chapter and that one or more persons have notice or knowledge of a violation, the department or division shall have thirty days from the date of the receipt of the notice to initiate and enforcement action consistent with this chapter.
(B) If the department or division affirmatively declines to act or fails to initiate an enforcement action for the alleged violation within thirty days, the person or persons who have knowledge of the alleged violation may serve written notice upon the department of their intention to file a request for a proceeding to enforce the provisions of this chapter in the name of the department or division.
(C) Within thirty days of the receipt of the notice from the person or persons with knowledge of the alleged violation, the department or division shall forward the notice of intent to file a request for a proceeding to the Office of the Attorney General who shall determine:
1. (1) if the person or persons with knowledge of the violation has sufficient knowledge, expertise and experience to adequately represent the interests of the State, the department and the division in the action;
2. (2) if the person or persons with knowledge of the violation are willing to advance all costs and expenses to be incurred in the proceeding; and
3. (3) that the Office of the Attorney General will not pursue the enforcement of the alleged violation.
  Upon written certification of the Office of the Attorney General that these conditions have been met, the person or persons with knowledge of the alleged violation may proceed to commence a civil action for any violation of any of the provisions of this chapter.
(D) If the Office of the Attorney General denies certification and fails to pursue enforcement within sixty days of notice or fails to act on a person's notice within thirty days of receipt, the person or persons with knowledge of a violation of this chapter may move to commence a civil action as provided herein.
(E) The civil action must be brought in the name of the State, and may be filed in any state court of competent jurisdiction. The person bringing the civil action may seek any fine or penalty that the State may seek.
(F) A copy of the complaint must be served on the Attorney General if he is not bringing the action, and the director, by the person bringing the action, either of whom may elect to join any action brought by the person.
(G) If the State, as determined by the Attorney General and the Governor acting together, joins with an action brought by a person under this section, the State, in addition to other fines or penalties, may request the suspension or revocation of licenses. The person shall receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to litigating the action. The person also shall receive an additional amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable hourly attorney's fees and costs, to be paid by the defendant.
(H) If the State, as determined by the Attorney General and the Governor acting together, does not join with the action under this section, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and revocation. The amount must not be less than twenty-five percent and must not be more than forty percent of the proceeds of the action or settlement, and must be paid out of the proceeds. The person also shall receive an additional amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable hourly attorney's fees and costs, to be paid by the defendant.
(I) The State is not liable for expenses which a person incurs in bringing an action under this section.
(J) No settlement may be entered without approval by the department.
(K) Any determination in an action under this section that a licensee has violated a provision of this chapter is grounds for revocation of those licenses and the department may bring a subsequent action for suspension or revocation.