Orders by professional and occupational agencies are appealable to the Administrative Law Court. However, keep in mind that the Administrative Law Court will reverse an order only if the agency's findings, inferences, conclusions, or decisions are "arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion" or are "clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record." S.C. Code Ann. Sections 1-23-380(A)(6)(e) and 1-23-380(A)(6)(f).  

            Just because the evidence allows the drawing of two separate conclusions does not mean that the administrative court will find an agency's conclusion unsupported by substantial evidence. In addition, the administrative court cannot substitute any fact findings that the agency made. Finally and importantly, the appellant carries the burden to prove that the evidence indeed does not support the agency's decision. Appellant must prove such lack of support convincingly. See Hamm v. AT & T, 302 S.C. 210, 213, 394 S.E.2d 842, 844 (1990).

            This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.