The ABL Appeal Process
You may protest a denied license or permit, fine, or suspension or revocation of a license or permit. If you want to protest any denial, or the imposition of any fine, suspension or revocation received from ABL, you must forward a Letter of Protest within 90 days of receipt of ABL's letter. Your
Letter of Protest must be in writing, and must contain the following information:
-
Your full name, address and phone number. Please indicate the ABL File Number of the license or permit for which you are filing the Letter of Protest; and
-
A statement indicating why, based on the facts, that you feel the denial, fine, suspension or revocation is incorrect, unjustified, or prejudicial; and
-
A statement outlining any other reasons for your Letter of Protest, including any law or other authority upon which you are relying; and
-
Any other reasons you would like ABL to consider.
You must send you Letter of Protest to:
South Carolina Department of Revenue
Attn: ABLP.O. Box 125
Columbia, SC 29214-0907
After a review of your supporting facts and law, ABL may issue the license or permit, or choose to not impose a fine, suspension or revocation. ABL may also refer the matter to the Office of General Counsel for further review. If you do not respond to ABL's letter, as stated above, you will have no right for additional administrative review.
If you timely respond with a Letter of Protest, and ABL is still unable or unwilling to retract or modify its initial position, the Office of General Counsel will issue the Department's (Final) Determination regarding the matter. If you wish to contest the Department's Final Determination, you must request a hearing before the Administrative Law Court. Your request for a contested case hearing must be filed and served within 30 days of the date of Final Determination. Your request must be in accordance with the rules of the Administrative Law Court.
A request for a hearing must be sent to the Administrative Law Court at the following address, and must be accompanied by a $100 filing fee:
Administrative Law Court Attn: Clerk of CourtEdgar Brown Bldg., Room 224
1205 Pendleton St.
Columbia, SC 29211-1667
You must also send a copy of your Request for Contested Case Hearing to:
South Carolina Department of Revenue Attn: Office of General Counsel300A Outlet Pointe Boulevard
Columbia, SC 29210
You must also send a copy of you Request for Contested Case Hearing to any other party to this action.
According to Rule 11 of the Administrative Law Court, your Request for Contested Case Hearing may be on a form prescribed by the Court, and shall contain the following information:
- The name of the party requesting the hearing and the issue(s) for which the hearing is requested;
- The caption or other information sufficient to identify the decision, order, letter, determination, action, or inaction which if subject of the hearing;
- A copy of this decision;
- The relief requested.
You may obtain forms and rules from the
Administrative Law Court's website. Call the Administrative Law Court at 803-734-0550 for more information.