S.C. Code Regs. § § 61-79.270.H.150

Current through Register Vol. 48, 12, December 27, 2024

Section 61-79.270.H.150 - How will the Department make a final decision on my RAP application?

(a) The Department must consider and respond to any significant comments raised during the public comment period, or during any hearing on the draft RAP or notice of intent to deny, and revise your draft RAP based on those comments, as appropriate.

(b) If the Department determines that your RAP includes the information and terms and conditions required in 270.135, then it will issue a final decision approving your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been approved.

(c) If the Department determines that your RAP does not include the information required in 270.135, then it will issue a final decision denying your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been denied.

(d) If the Department's final decision is that the tentative decision to deny the RAP application was incorrect, it will withdraw the notice of intent to deny and proceed to prepare a draft RAP, according to the requirements in this subpart.

(e) When the Department issues its final RAP decision, it must refer to the procedures for appealing the decision under 270.155.

(f) Before issuing the final RAP decision, the Department must compile an administrative record. Material readily available at the Department or published materials which are generally available and which are included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the response to comments. The administrative record for the final RAP must include information in the administrative record for the draft RAP (see 270.140(b)) and:

(1) All comments received during the public comment period;

(2) Tapes or transcripts of any hearings;

(3) Any written materials submitted at these hearings;

(4) The responses to comments;

(5) Any new material placed in the record since the draft RAP was issued;

(6) Any other documents supporting the RAP; and

(7) A copy of the final RAP.

(g) The Department must make information contained in the administrative record available for review by the public upon request.

S.C. Code Regs. § 61-79.270.H.150

Added by State Register Volume 24, Issue No. 8, eff August 25, 2000.