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COLUMBIA, S.C. (AP) — South Carolina's top legal office has said that the Commission of Higher Education has no case to prevent a for-profit company from purchasing the Charleston School of Law.
In response to inquiries from Democratic Rep. John King of Rock Hill, Attorney General Alan Wilson released an opinion on Friday saying the commission cannot deny the sale over concerns of InfiLaw's admission process, standards and lawsuits at its schools because they don't meet the reasons for denial.
The report said the commission lacks the authority to consider licensing criteria outside those specifically listed in state law and regulations, particularly whether granting a license is in the best interest of the state.
"The granting of a license is a 'ministerial function,' in a situation where an applicant has satisfied applicable statutory and properly promulgated regulations, an agency such as the CHE lacks the discretion to deny a properly qualified applicant a license," read the attorney general's report which was signed by Assistant Attorney General Brendan McDonald and Solicitor General Robert Cook.
The application also could not be rejected over litigation against InfiLaw-owned law schools as they are separate corporate entities, read the report.
Senior Director William Pierce said InfiLaw welcomed the attorney general's opinion that it must be granted a license as it satisfies the criteria set by law and that the commission cannot consider other factors in making its decision.
"Besides the clarity it provides, this opinion is important to the licensure process because the AG provides representation for the state in all legal proceedings," Pierce said.
For the past year, Florida-based InfiLaw has sought to purchase the 10-year-old, private law school but faces opposition from students, alumni, faculty and one of the three remaining co-founders. InfiLaw owns three American Bar Association-accredited law schools at Arizona Summit (formerly Phoenix), Charlotte and Florida Coastal.
The Commission on Higher Education, which licenses nonpublic postsecondary institutions within the state, will vote on the sale on Thursday. Last month, the commission's Committee on Academic Affairs and Licensing voted 3-1 to recommend the denial of the licensing to InfiLaw.
In addition to the attorney general's report and the committee's recommendation to stop the acquisition, the commission will consider in its vote a staff recommendation in favor of granting the license of operation to InfiLaw. The sale also requires the approval of the American Bar Association.
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