Senate Amendment 6
S 399 - Session 125 (2023-2024)
DHEC restructuring

Senator Davis proposes the following amendment (LC-399.AHB0059S):

Amend the Bill, as and if amended, SECTION 5, by deleting Section 49-3-60(D)(2) and (3) and inserting:

 (2) Decisions by the department become final thirty days after  the mailing of a notice pursuant to item (1) unless the applicant, permittee, licensee, certificate holder, or affected person files a request for a contested case hearing with the Administrative Law Court.

 (3) Within thirty calendar days after the  mailing of the decision pursuant to item (1), an applicant, permittee, licensee, certificate holder, or affected person desiring to contest the agency decision may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. Notwithstanding Section 1-23-600(H)(1), the entirety of Section 1-23-600(H) shall apply to timely requests for a contested case hearing of decisions from the Department of Environmental Services. The court shall give consideration to the provisions of Section 1-23-330 regarding the department's specialized knowledge.

Amend the bill further, by deleting SECTION 228 and inserting:

SECTION 228. Section 1-23-600(H)(1) of the S.C. Code is amended to read:

 (H)(1) This subsection applies to timely requests for a contested case hearing pursuant to this section oftimely filed requests for a contested case hearing of decisions by departments governed by a board or commission authorized to exercise the sovereignty of the Statethe Department of Environmental Services. Emergency actions taken by the Department of Environmental Services pursuant to an applicable statute or regulation are not subject to the provisions of this subsection.