South Carolina General Assembly
115th Session, 2003-2004

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Bill 4157


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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-155 SO AS TO PROVIDE THAT ANY PERMIT DECISION MADE BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT OR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IS NOT SUBJECT TO AN AUTOMATIC STAY BY THE FILING OF A NOTICE OF APPEAL AND THAT A STAY MAY ONLY BE ISSUED BY AN ADMINISTRATIVE LAW JUDGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 39, Title 48 of the 1976 Code is amended by adding:

"Section 48-39-155.    Notwithstanding any other provision of law or regulation, any permit decision made by the Office of Ocean and Coastal Resource Management or the Department of Health and Environmental Control is not subject to an automatic stay by the filing of a notice of appeal and may only be stayed by order of an administrative law judge in accordance with the powers granted to an administrative law judge in Section 1-23-630."

SECTION    2.    This act takes effect upon approval by the Governor.

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