S.C. Code Ann. § 41-15-610 – Hearings on citations, abatements and penalties; procedure; judicial review

(a) The board shall promulgate regulations as may be necessary to establish a procedure for administrative review of
1. (1) any citation issued by the Division of Labor pursuant to the authority found in this chapter,
2. (2) any penalty assessed thereunder, or
3. (3) any period for abatement set by the Division of Labor.
(b) Any employer, employee, or employee representative has the right to appear as a party in any review proceeding before any member of the board by giving written notice of protest to the board and to the Division of Labor within twenty days of the receipt of any citation, notice of penalty, or notice of period of abatement issued by the Division of Labor and affecting the employer, employee, or employee representative. The Division of Labor must be a party to any proceeding brought pursuant to this article.
(c) Hearings may be conducted by any member of the board and must follow the rules of evidence as applied in civil cases in the court of common pleas.
(d) Any party aggrieved by any decision, order, or findings of any member of the board may petition the entire board for review within thirty days of the service of the decision, order, or findings. Review may be granted by concurrence of three members of the board not including the hearing member. Full board reviews shall be conducted by five members only with the original hearing member not sitting. Where all members are not available due to incapacity or a vacancy, decisions of the hearing member shall not be reversed except upon the vote of at least three other board members. The review must be upon the record made before the hearing members and no objection that has not been urged before the hearing member may be considered by the board.
(e) Any party aggrieved by any decision, order, or findings of the board may petition 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 decision, order, or findings. The proceeding shall be instituted by proper service upon all other parties of the petition for review within thirty days after service of the decision, order, or findings of the board. The commencement of proceedings under this section shall not, unless ordered by the court of common pleas, operate as a stay of the order of the board. This review is subject to all provisions of the State Administrative Procedures Act.
(f) Any decision, order, or findings of the board or any member thereof becomes a final order of the board upon the thirtieth day after service thereof, except where petition for review has been properly made.
(g) The board shall promulgate regulations as may be necessary to provide for the preparation and reasonable preservation of a record of the hearings and other proceedings.