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Tag Archives: Due Process

Civil Rights – ADA – Administrative – Medicaid Waiver – Risk of Institutionalization – Budget Reduction – Rulemaking – Notice (access required)

Stogsdill v. South Carolina Department of Health & Human Services (Lawyers Weekly No. 011-107-14, 13 pp.) (Aphrodite Konduros, J.) Appealed from the Administrative Law Court (Carolyn Matthews, ALJ) S.C. App. Holding: Appellant produced uncontradicted evidence that the respondent’s reduction in ...

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Administrative – Beer & Wine Permit – Constitutional – Due Process – Violations – Evidence (access required)

South Carolina Department of Revenue v. Sandalwood Social Club The Department of Revenue cited respondent for the sole violation of failure to install and maintain a decibel meter on its property on April 2, 2010, in accordance with respondent’s beer and wine permit, a first offense violation for which DOR sought a $500 civil penalty. Nevertheless, the Administrative Law Court’s order listed at least two other violations and suspended respondent’s beer and wine permit and liquor by the drink license for 60 days. The ALC’s consideration of post-citation conduct for any purpose other than the credibility of respondent’s mitigation argument was an abuse of discretion.

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