Garris v. GOV. BD. OF SC REINSURANCE (1998)
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· 92 citation events
across 5 courts.
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Code Ann. § 59-40-230 (A) (Supp. 2013) ("The South Carolina Public Charter School District must be governed by a board of trustees consisting of not more than nine members . . . ."); Garris, 333 S.C. at 453 , 511 S.E.2d at 59 ("In the absence of any statutory or other controlling provision, the common-law rule that a majority of a whole board is necessary to constitute a quorum applies, and the board may do no valid act in the absence of a quorum."); id. ("A member who recus…
"In the absence of any statutory or other controlling provision, the common-law rule that a majority of a whole board is necessary to constitute a quorum applies, and the board may do no valid act in the absence of a quorum."
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Young v. Charleston County School District (2012)
Reinsurance Facility, 333 S.C. 432 , 453, 511 S.E.2d 48, 59 (1998) ("Due process requires an administrative board, when acting in a quasi-judicial capacity, to consider all the evidence before deciding a particular question.").
"Due process requires an administrative board, when acting in a quasi-judicial capacity, to consider all the evidence before deciding a particular question."
Reinsurance Facility, 333 S.C. 432 , 443, 511 S.E.2d 48, 54 (1998) ("The fact that investigative, prosecutorial, and adjudicative functions are performed within the same agency, or even performed by the same persons within an agency, does not, without more, constitute a violation of due process."); Babcock Ctr., Inc. v. Office of Audits, 286 S.C. 398, 402 , 334 S.E.2d 112, 114 (1985) (stating due process does not "prohibit a single agency . . . from combining investigative a…
"The fact that investigative, prosecutorial, and adjudicative functions are performed within the same agency, or even performed by the same persons within an agency, does not, without more, constitute a violation of due process."
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Mackey v. SCDPPPS (2021)
Reinsurance Facility, 333 S.C. 432 , 453, 511 S.E.2d 48, 59 (1998) ("In the absence of any statutory or other controlling provision, the common-law rule that a majority of a whole board is necessary to constitute a quorum applies . . . ."); S.C.
"In the absence of any statutory or other controlling provision, the common-law rule that a majority of a whole board is necessary to constitute a quorum applies . . . ."
Facility, 333 S.C. 432 , 453, 511 S.E.2d 48, 59 (1998) ("In the absence of any statutory or other controlling provision, the 1 404 S.C. 395 , 745 S.E.2d 110 (2013). common-law rule that a majority of the whole board is necessary to constitute a quorum applies.").
"In the absence of any statutory or other controlling provision, the 1 404 S.C. 395 , 745 S.E.2d 110 (2013). common-law rule that a majority of the whole board is necessary to constitute a quorum applies."
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Judy v. Judy (2011)
Garris v. Governing Bd. of the South Carolina Reinsurance Facility, 333 S.C. 432 , 449, 511 S.E.2d 48, 57 (1998).
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South Carolina Ambulatory Surgery Center Ass'n v. South Carolina Workers' Compensation Commission (2010)
Reinsurance Facility, 333 S.C. 432 , 444, 511 S.E.2d 48, 54 (1998)).
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A.D. and J.D. v. Richland County School District Two (2024)
Reinsurance Facility, 333 S.C. 432 , 443, 511 S.E.2d 48, 54 (1998)).
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Phillip Francis Luke Hughes v. Bank of America (2024)
Reinsurance Facility, 333 S.C. 432 , 449, 511 S.E.2d 48, 57 (1998)).
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Phillip Francis Luke Hughes v. Bank of America (2024)
Reinsurance Facility, 333 S.C. 432 , 449, 511 S.E.2d 48, 57 (1998)).
Reinsurance Facility, 333 S.C. 432 , 453, 511 S.E.2d 48, 59 (1998).
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Mollins v. SCDPPPS (2020)
Facility, 333 S.C. 432 , 453, 511 S.E.2d 48, 59 (1998)); id. at 417, 745 S.E.2d at 122 ("Section 24-21-645 does not specify the number of [p]arole [b]oard members that must review the parole suitability of an inmate convicted of a violent crime, but also does not expressly exclude the common-law quorum principle."); id. at 417-18 , 745 S.E.2d at 122 (holding section 24-21-645 does not demonstrate the legislative intent to require more than a quorum to execute the duties of t…
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Thomas horne/kathleen Winn v. Sheila Polk (2017)
Reinsurance Facility, 333 S.C. 432 , 511 S.E.2d 48, 54 (1998) (holding that the state constitution provides greater procedural protections in administrative proceedings than federal due process).
holding that the state constitution provides greater procedural protections in administrative proceedings than federal due process
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Dozier v. American Red Cross (2014)
Reinsurance Facility, 333 S.C. 432 , 449, 511 S.E.2d 48, 57 (1998).
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Catawba Indian Nation v. State (2014)
Reinsurance Facility, 333 S.C. 432 , 449, 511 S.E.2d 48, 57 (1998).
Facility, 333 S.C. 432 , 453, 511 S.E.2d 48, 59 (1998) (emphasis added); see also James v. S.C.
emphasis added
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Shock v. SCDC (2012)
Reinsurance Facility , 333 S.C. 432 , 444, 511 S.E.2d 48, 54 (1998).
Reinsurance Facility, 333 S.C. 432 , 453, 511 S.E.2d 48, 59 (1998).
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Eldeco, Inc. v. Skanska USA Building, Inc. (2005)
Garris v. Governing Bd. of South Carolina Reinsurance Facility, 333 S.C. 432 , 511 S.E.2d 48,57-58 (1998).
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In Re the Care & Treatment of Matthews (2001)
“In the absence of any statutory or other controlling provision, the common-law rule that a majority of the whole board is necessary to constitute a quorum applies, and the board may do no valid act in the absence of a quorum.” Garris v. Governing Bd. of the State Reinsurance Facility, 333 S.C. 432 , 453, 511 S.E.2d 48, 58 (1998) (citations omitted).
citations omitted
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McIntyre v. Sec. Comm'r of S.C. (2018)
Id. ; see also Garris , 333 S.C. at 447 -48 , 511 S.E.2d at 56 (finding the conduct and structure of an agency hearing "was so inherently flawed that it is not subject to harmless error analysis").
See Garris, 333 S.C. 432 , 511 S.E.2d 48 (noting restraint in the application of the doctrine of res judicata is warranted when the prior action was dismissed on procedural grounds); Allen v. Southern Ry.
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Harkins v. Greenville County (2000)
See generally Garris v. Governing Bd. of South Carolina Reinsurance Facility, 333 S.C. 432 , 511 S.E.2d 48 (1998).