S.C. Code Ann. § 37-6-414 – Judicial review of contested cases

(1) A person who has exhausted all administrative remedies available before the Administrator and who is aggrieved by a final decision in a contested case is entitled to judicial review under this part. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate action or ruling of the Administrator is immediately reviewable if review of the final decision of the Administrator would not provide an adequate remedy.
(2) Proceedings for review are instituted by filing a petition in the court of common pleas within thirty days after mailing by certified mail notice of the final decision of the Administrator or, if a rehearing is requested, within thirty days after the decision thereon. Copies of the petition shall be served upon the Administrator and all parties of record.
(3) The filing of the petition does not itself stay enforcement of the decision of the Administrator. The Administrator may grant, or the reviewing court may order, a stay upon appropriate terms.
(4) Within thirty days after the service of the petition, or within further time allowed by the court, the Administrator shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
(5) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Administrator, the court may order that the additional evidence be taken before the Administrator upon conditions determined by the court. The Administrator may modify his findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
(6) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the Administrator, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral arguments and receive written briefs.
(7) The court shall not substitute its judgment for that of the Administrator as to the weight of the evidence on questions of fact. The court may affirm the decision of the Administrator or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
1. (a) In violation of constitutional or statutory provisions;
2. (b) In excess of the statutory authority of the Administrator;
3. (c) Made upon unlawful procedure;
4. (d) Affected by other error of law;
5. (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
6. (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.