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JOHNSTON v. SOUTH CAROLINA DEPT. OF LABOR

No. 26015.

365 S.C. 293 (2005)

617 S.E.2d 363

James F. JOHNSTON, III, Respondent, v. SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, Petitioner.

Supreme Court of South Carolina.

Decided July 25, 2005.

Rehearing Denied August 25, 2005.

Attorney(s) appearing for the Case

Kenneth P. Woodington, of Davidson, Morrison and Lindemann, P.A., of Columbia; and Lynne W. Rogers, of South Carolina Department of Labor, Licensing and Regulation, of Columbia, for petitioner.

John S. Nichols, of Bluestein & Nichols, L.L.C., of Columbia, for respondent.

Justice MOORE.

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...

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