Senate Amendment 2A
S 399 - Session 125 (2023-2024)
DHEC restructuring

Senator Davis proposes the following amendment (LC-399.AHB0044S):

Amend the bill, as and if amended, SECTION 228, by striking Section 1-23-600(H)(3)(a) and inserting:

  (4)(3)(a) Ninety days after a contested case is initiated before the Administrative Law Court,If a party may move before the presiding administrative law judge to lift the stay imposed pursuant to this subsection or for a determination of the applicability of the automatic stay. Afiles a request for a stay with its request for a contested case hearing, then a hearing on the request for an automatic stay must be held within thirty days after any party files a motion with the court and serves the motion upon the partiesdiscovery is completed. The automatic stay shall remain in effect until the Administrative Law Court makes a determination about whether to continue the automatic stay. The court shall lift continue the automatic stay unless if the moving party shows that requested a contested case hearing proves: (i) the likelihood of irreparable harm if the automatic stay is lifted, (ii) the substantial likelihood that the moving party requesting the contested case and stay will succeed on the merits of the case, (iii) the balance of equities weigh in favor of continuing the automatic stay, and (iv) continuing the automatic stay serves the public interest. The judge must issue an order no later than fifteen thirty business days after the hearing is concluded. If the automatic stay is lifted, action undertaken by the permittee or licensee does not moot and is not otherwise considered an adjudication of the issues raised by the request for a contested case hearing. Notwithstanding the provisions of this item, the process to lift a stay as provided in this item does not apply to a contested case concerning a new permit or license involving hazardous waste as defined in Section 44-56-20(6), ). and a stay in such a contested case must not be lifted until the contested case is concluded and the Administrative Law Court has filed its final order in the matter.