Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 26, 2008
H. 4529
S. Printed 3/26/08--H.
Read the first time January 22, 2008.
To whom was referred a Bill (H. 4529) to amend Section 37-25-70, Code of Laws of South Carolina, 1976, relating to penalties for illegally dispensing contact lenses, so as to provide relief, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 37-25-70 of the 1976 Code, as added by Act 160 of 2005, is amended to read:
"Section 37-25-70. (A) A person who offers to dispense or dispenses contact lenses in violation of this chapter, in addition to another penalty provided by law, is subject to a civil penalty imposed by the Department of Consumer Affairs in an amount not to exceed five thousand dollars for each violation.
(B) The department must give a person alleged to be in violation of a provision of this section notice and an opportunity for a hearing in accordance with the provisions of the Administrative Procedures Act. A person aggrieved by an order of the department may request a contested case hearing before the Administrative Law Court in accordance with the Administrative Law Court Rules of Procedure. The department may obtain an order from the Administrative Law Court for enforcement of the department's orders as provided in the Administrative Procedures Act and the Administrative Law Court Rules of Procedure. The proceeding for enforcement must be initiated by filing a petition with the Administrative Law Court in accordance with the Administrative Law Court Rules of Procedure. A copy of the request for a contested case hearing must be served upon all parties of record."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
EXPLANATION OF IMPACT:
The Department of Consumer Affairs and Administrative Law Court indicate that this bill would have no impact on the General Fund of the State or federal and/or other funds.
Approved By:
Harry Bell
Office of State Budget
TO AMEND SECTION 37-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR ILLEGALLY DISPENSING CONTACT LENSES, SO AS TO PROVIDE RELIEF IN THE ADMINISTRATIVE LAW COURT FOR A CONTESTED CASE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 37-25-70 of the 1976 Code, as added by Act 160 of 2005, is amended to read:
"Section 37-25-70. (A) A person who offers to dispense or dispenses contact lenses in violation of this chapter, in addition to another penalty provided by law, is subject to a civil penalty imposed by the Department of Consumer Affairs in an amount not to exceed five thousand dollars for each violation.
(B) The department must give a person alleged to be in violation of a provision of this section notice and an opportunity for a hearing in accordance with the provisions of the Administrative Procedures Act.
(C) A person aggrieved by an order of the department may request a contested case hearing before the Administrative Law Court in accordance with the Administrative Law Court Rules of Procedure. The department may obtain an order from the Administrative Law Court for enforcement of the department's orders as provided in the Administrative Procedures Act and the Administrative Law Court Rules of Procedure. The proceeding for enforcement must be initiated by filing a petition with the Administrative Law Court in accordance with the Administrative Law Court Rules of Procedure. A copy of the request for a contested case hearing must be served upon all parties of record."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:54 P.M.