McIntyre v. Sec. Comm'r of S.C.
Court of Appeals of South Carolina
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
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Santosky v. KramerSupreme Court of the United States · 1982
- McNabb v. United StatesSupreme Court of the United States · 1943
- Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
- Charleston County Parks & Recreation Commission v. SomersSupreme Court of South Carolina · 1995
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