S.C. Code Regs. § § 61-101.G

Current through Register Vol. 48, No. 11, November 22, 2024

Section 61-101.G - NOTICE OF PROPOSED DECISIONS AND ADJUDICATORY HEARINGS FOR CERTIFICATIONS FOR FEDERAL LICENSES OR PERMITS

1. The Department shall issue a notice of proposed decision on application for certification, including any proposed conditions. Such notice shall advise of availability of the staff assessment and related file information. Such notice shall be mailed to:

(a) the applicant;

(b) agencies having jurisdiction or interest over the disposal site or activity site;

(c) owners or residents of property adjoining the area of the proposed activity; and

(d) those persons providing comment in response to the initial notice of application.

2. Persons with legal standing to contest the certification shall have rights to appeal the decision.

3. A person desiring to appeal a determination must submit a written request for an adjudicatory hearing within fifteen days of notice of the determination. The request must set forth the manner in which the person requesting the hearing would be injured by issuance of the certification. If no appeal of the proposed decision is timely received, the proposed decision of the Department shall become final.

4. Upon timely request for a hearing, the matter shall be heard as a "contested case" under the South Carolina Administrative Procedures Act, and shall be processed according to law. Determinations of whether a person has legal standing to contest a determination shall be made in the course of the contested case proceeding.

5. Appeals of a certification which include coastal zone consistency certification will be heard according to the above procedures unless the appeal is based exclusively on a coastal zone management issue. In that case the appeal will be heard according to the procedures for appeals of coastal zone consistency certifications.

6. Appeals of a certification included in the direct permit for alteration of the critical area of the coastal zone will be heard as part of that permit appeal according to the procedures for appeals of direct permits for alteration of the critical area of the coastal zone.

S.C. Code Regs. § 61-101.G