The board may conduct such administrative reviews as may be required by law, as considered necessary by the board to render a final agency determination in matters involving the issuance, denial, renewal or revocation of permits, licenses, or other actions of the department which may give rise to a contested case pursuant to Chapter 23 of Title 1.
The board shall provide for the administrative organization of the department and shall consolidate and merge existing duties, functions, and officers of the former agencies as may be necessary for economic and efficient administration. Provided, however, that the board may appoint such advisory boards as it considers necessary to carry out the functions of Sections 44-1-10 to 44-1-70, and there shall be provided a compensation for their services as provided by the law for members of boards and commissions.
HISTORY: 1962 Code Section 32-0.4; 1973 (58) 685; 1993 Act No. 181, Section 1032; 2006 Act No. 387, Section 47, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
Structure South Carolina Code of Laws
Chapter 1 - Department Of Health And Environmental Control
Section 44-1-30. Meetings of Board; compensation of members.
Section 44-1-40. Selection, term,and salary of director.
Section 44-1-50. Administrative reviews; power to organize department.
Section 44-1-60. Appeals from department decisions giving rise to contested case; procedures.
Section 44-1-65. Appeals of department permitting decisions for animal facilities; procedures.
Section 44-1-70. Rules and regulations of board must be approved by General Assembly.
Section 44-1-80. Duties and powers of board as to communicable or epidemic diseases.
Section 44-1-90. Board shall advise municipal and county authorities.
Section 44-1-100. Assistance from peace and health officers.
Section 44-1-110. Duties of department in regard to public health, in general.
Section 44-1-130. Department may establish health districts and district advisory boards of health.
Section 44-1-140. Department may promulgate and enforce rules and regulations for public health.
Section 44-1-143. Requirements for home-based food production operations.
Section 44-1-145. Minimum cooking temperature for ground beef; exceptions.
Section 44-1-150. Penalty for violating rules of department.
Section 44-1-151. Penalties for violations involving shellfish.
Section 44-1-160. Prosecution of nuisance not affected by rule-making power of department.
Section 44-1-170. Department shall supervise local boards of health.
Section 44-1-180. Department may establish charges for health care.
Section 44-1-200. Department may provide home health services.
Section 44-1-210. Disposition of moneys collected.
Section 44-1-215. Retaining certain funds.
Section 44-1-280. Coordination with First Steps to School Readiness initiative.
Section 44-1-290. Supplier of effluent for irrigation as public utility.
Section 44-1-310. Maternal Morbidity and Mortality Review Committee.
Section 44-1-315. Environmental permits and permittees; boundary clarification.