The Director of the Department of Labor, Licensing, and Regulation or his designee shall promulgate regulations as may be necessary to establish a procedure for administrative review before the Commissioner or his authorized representative or representatives for any employer or employee or employee's representative affected or aggrieved by (1) any act of the Commissioner, (2) any citation issued by the Commissioner, (3) any penalty assessed by the Commissioner, or (4) any period of abatement set by the Commissioner.

Any employer, employee or their representatives has the right to appear as a party in any review proceedings before the Commissioner or his authorized representative or representatives by giving written notice to the Director of the Department of Labor, Licensing, and Regulation or his designee within twenty days of the act or receipt of citation, or notice of the penalty or period of abatement.

Within a reasonable time, the Commissioner shall make and serve in writing, upon each party, his decision, which becomes final upon the thirtieth day after service thereof.

Any employer or employee or their representative or representatives aggrieved by any order or findings of the Commissioner may obtain a review of the order or findings by petitioning the court of common pleas in the county where the employer maintains his principal place of business or where the violation is alleged to have occurred for a review of the order or findings by proper service upon the Director of the Department of Labor, Licensing, and Regulation or his designee within thirty days after service upon the party of the decision of the Commissioner. The commencement of proceedings under this section shall not, unless ordered by the court, operate as a stay of the order of the Commissioner. No objection that has not been urged before the Commissioner shall be considered by the court.

Notwithstanding the above provisions of this section, on October 1, 1983, or such later time as the South Carolina Occupational Health and Safety Review Board is duly constituted, the Director of the Department of Labor, Licensing, and Regulation or his designee shall cease to provide administrative review pursuant to this section. All matters pending before the Director of the Department of Labor, Licensing, and Regulation or his designee pursuant to this section and the regulations hereunder shall be transferred to the South Carolina Occupational Safety and Health Review Board on October 1, 1983, or such later time as it is duly constituted.