S.C. Code Regs. § § 89-290

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

Section 89-290 - Hearing Procedure for Appeals of a Decision of the Department to the South Carolina Mining Council

A. Any applicant for a mining permit or any person who is aggrieved and is directly affected by the permit may appeal to the Mining Council from any decision or determination of the Department issuing, refusing, modifying, suspending, revoking, or terminating an operating permit or reclamation plan, or imposing any term or condition on such permit or reclamation plan.

B. The person taking the appeal shall within thirty days after notification of the Department's decision, give written notice to the Mining Council through its secretary that he desires to take an appeal, at the same time filing a copy of the notice with the Department. The said notice shall contain a statement describing the specific matters appealed.

C. If more than one appeal is filed with the Mining Council within the thirty day period following the decision by the Department, then the Council may consolidate the hearing and review of the appeals by the Mining Council.

D. At its annual meeting, the Mining Council shall establish a standing Appeals Committee to hear appeals pursuant to this Section. This Committee shall consist of the Chairman of the Mining Council and two members elected by a majority of the Council, one member being a mining industry representative and the other not being a mining industry representative as designated in the organizational composition of the Mining Council. An alternate shall be elected for each of the above Committee members following the same procedure. In the event that the Chairman is unable to serve on the Committee, the Vice-Chairman shall assume the chairmanship for the period of time necessary to address the pending appeal. Nothing herein shall preclude the election of an appeals committee member or alternate to fill a vacancy during the year at any called meeting of the Mining Council.

E. If the person taking the appeal requests a hearing before the hearing panel, the Chairman of the Council may accept recommendations for member(s) of the hearing panel. The hearing panel may consist of one or more individuals. The Chairman of the Council shall be responsible for appointing the hearing panel which must be agreed to by the appellant(s), the Council, the operator and the Department.

F. Hearings shall be conducted and a final decision issued by the Appeals Committee or the Hearing Panel unless the appellant specifically requests a hearing before the full Mining Council in his written notice of appeal. In this event, the full Mining Council may hear the appeal or may, by a majority vote, assign the appeal to be heard by the Appeals Committee. At any hearing conducted by the Council, a majority of the members shall constitute a quorum; at any hearing conducted by the Appeals Committee all three members shall be required for a quorum.

G. When a hearing has been scheduled by the Mining Council, notice of the hearing shall be given to all concerned parties at least twenty (20) calendar days prior to the date on which the hearing will be held.

(1) The notice of a hearing shall be sent by the Chairman of the Council.

(2) This notice shall contain all of the following information:

(a) The date of the notice;

(b) The Council's name, address and telephone number;

(c) A statement of the date, time, and location of the hearing;

(d) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(e) A reference to the particular sections of the statutes and rules involved; and

(f) A short statement describing the specific matters appealed.

H. All hearings shall be conducted in accordance with the Administrative Procedures Act 176 of 1977 as amended, except as may be herein provided.

I. The final order shall be issued by the Chairman of the Council, and the decision of the Appeals Committee, Hearing Panel or Council shall represent the view of the majority of the Appeals Committee, Hearing Panel or Council members voting at the hearing.

J. The final order shall be written within thirty (30) days following the hearing and shall comply with the provisions of the Administrative Procedures Act 176 of 1977 as amended.

S.C. Code Regs. § 89-290