Legal Opinion

McIntyre v. Sec. Comm'r of S.C.

Court of Appeals of South Carolina

Decided October 17, 2018No. Appellate Case No. 2015-001845; Opinion No. 5602Published

1Opinion of the Court

HILL, J.:

**442John M. McIntyre and Silver Oak Land Management, LLC (collectively Appellants) appeal the order of the circuit court affirming a $540,000 civil penalty imposed upon them by the Securities Commissioner of South Carolina. Because the Commissioner's administrative enforcement action deprived Appellants procedural due process, we reverse and vacate.

I

The Attorney General of South Carolina, acting as the Commissioner pursuant to S.C. Code Ann. § 35-1-601 (Supp. 2017), began this administrative enforcement action by serving Appellants with a Cease and Desist order on April 19, 2013,…

2Cases cited18 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. McNabb v. United StatesSupreme Court of the United States · 1943
  4. Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
  5. Charleston County Parks & Recreation Commission v. SomersSupreme Court of South Carolina · 1995

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