Johnston v. South Carolina Department of Labor, Licensing & Regulation

Following petitioner’s (the Board’s) issuance of an order fining and suspending respondent, respondent appealed to the Administrative Law Court (ALC). The ALC reversed the Board’s order and found the Board’s failure to serve written notice within the statutorily-mandated time period divested the Board of subject matter jurisdiction. 1 The circuit court affirmed the ALC and the Court of Appeals affirmed in a 2-1 decision. Johnston v. S.C. Dep’t of Labor, Licensing, and Reg., S.C. Real Estate Appraisers Bd., Op. No.2003-UP-688 (S.C. Ct.App. filed November 24, 2003). We reverse and remand.

FACTS

Re…