An applicant for a certificate of exploration or operating permit or a person who is aggrieved and is directly affected by the permit may appeal to the council from a decision or determination of the department issuing, refusing, modifying, suspending, revoking, or terminating a certificate of exploration or operating permit or reclamation plan, or imposing a term or condition on the certificate, permit, or reclamation plan. An explorer or operator may appeal to the council from a decision or determination of the department issuing a notice of deficiencies or violations and administrative fees or assessing civil penalties. The person taking the appeal within thirty days after the department's decision shall give written notice to the council through its secretary that he desires to appeal and file a copy of the notice with the department at the same time. If more than one appeal regarding the same certificate, permit, or reclamation plan is filed with the council within the thirty-day period following the decision by the department, the council may consolidate the hearing and review of the appeals by the council. The chairman of the council shall fix a reasonable time, not less than twenty nor more than forty days from the receipt of the appeal, and place for a hearing, giving reasonable notice to the applicant, appellant, and to the department. The council, or a committee of the council designated by the council's rules of procedure, or if agreed by appellant, the council, the operator, and the department, a hearing panel consisting of one or more individuals shall conduct a full and complete hearing as to the matters in controversy, and within thirty days shall give a written decision setting forth its findings of fact and its conclusions. The council or its designated committee or the hearing panel may affirm, affirm with modifications, or overrule the decision of the department and may direct the department to take action required to effectuate its decision. A further appeal may be taken from the appellate decision to the Administrative Law Court as provided in Section 48-20-200.
HISTORY: 1990 Act No. 454, Section 2; 2006 Act No. 387, Section 29.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 20 - South Carolina Mining Act
Section 48-20-10. Short title.
Section 48-20-20. Chapter purpose.
Section 48-20-30. Department responsible for administration of chapter.
Section 48-20-40. Definitions.
Section 48-20-50. Certificates of exploration.
Section 48-20-55. General permits for limited mining.
Section 48-20-60. Operating permits generally.
Section 48-20-70. Application for, and issuance of, operating permit.
Section 48-20-80. Modifications of operating permit.
Section 48-20-90. Reclamation plans.
Section 48-20-100. Authority to assess and collect fees.
Section 48-20-110. Bonding or other security requirements.
Section 48-20-120. Annual report of operator; operating fee; late penalty.
Section 48-20-130. Inspections; notice of deficiencies.
Section 48-20-140. Administrative fee for deficiencies.
Section 48-20-150. Modification of reclamation plans.
Section 48-20-160. Notice of violations; hearings; suspension or revocation of permit.
Section 48-20-170. Bond or security forfeiture proceedings.
Section 48-20-180. Manner of giving written notice.
Section 48-20-190. Appeals of decisions or determinations of department.
Section 48-20-210. Department to promulgate regulations.
Section 48-20-220. Cease and desist orders; restraining orders or injunctions; civil penalties.
Section 48-20-240. Disposition of fees and civil penalties.
Section 48-20-250. Affect of chapter on local zoning regulations or ordinances.
Section 48-20-260. Chapter not to restrict or impair private right of action.
Section 48-20-270. Chapter not to impose liability on State for damages.
Section 48-20-280. Application of chapter.
Section 48-20-300. Lands to be included in reclamation plans.