South Carolina Code of Regulations › Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA › Section 89-290 - Hearing Procedure for Appeals of a Decision of the Department to the South Carolina Mining Council

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  Any applicant for a mining permit or any person who is aggrieved and is
		  directly affected by the permit may appeal to the Mining Council from any
		  decision or determination of the Department issuing, refusing, modifying,
		  suspending, revoking, or terminating an operating permit or reclamation plan,
		  or imposing any term or condition on such permit or reclamation plan.
B. The person taking the appeal shall within
		  thirty days after notification of the Department's decision, give written
		  notice to the Mining Council through its secretary that he desires to take an
		  appeal, at the same time filing a copy of the notice with the Department. The
		  said notice shall contain a statement describing the specific matters
		  appealed.
C. If more than one
		  appeal is filed with the Mining Council within the thirty day period following
		  the decision by the Department, then the Council may consolidate the hearing
		  and review of the appeals by the Mining Council.
D. At its annual meeting, the Mining Council
		  shall establish a standing Appeals Committee to hear appeals pursuant to this
		  Section. This Committee shall consist of the Chairman of the Mining Council and
		  two members elected by a majority of the Council, one member being a mining
		  industry representative and the other not being a mining industry
		  representative as designated in the organizational composition of the Mining
		  Council. An alternate shall be elected for each of the above Committee members
		  following the same procedure. In the event that the Chairman is unable to serve
		  on the Committee, the Vice-Chairman shall assume the chairmanship for the
		  period of time necessary to address the pending appeal. Nothing herein shall
		  preclude the election of an appeals committee member or alternate to fill a
		  vacancy during the year at any called meeting of the Mining Council.
E. If the person taking the appeal requests a
		  hearing before the hearing panel, the Chairman of the Council may accept
		  recommendations for member(s) of the hearing panel. The hearing panel may
		  consist of one or more individuals. The Chairman of the Council shall be
		  responsible for appointing the hearing panel which must be agreed to by the
		  appellant(s), the Council, the operator and the Department.
F. Hearings shall be conducted and a final
		  decision issued by the Appeals Committee or the Hearing Panel unless the
		  appellant specifically requests a hearing before the full Mining Council in his
		  written notice of appeal. In this event, the full Mining Council may hear the
		  appeal or may, by a majority vote, assign the appeal to be heard by the Appeals
		  Committee. At any hearing conducted by the Council, a majority of the members
		  shall constitute a quorum; at any hearing conducted by the Appeals Committee
		  all three members shall be required for a quorum.
G. When a hearing has been scheduled by the
		  Mining Council, notice of the hearing shall be given to all concerned parties
		  at least twenty (20) calendar days prior to the date on which the hearing will
		  be held.
(1) The notice of a hearing shall be
		  sent by the Chairman of the Council.
(2) This notice shall contain all of the
		  following information:
(a) The date of the
		  notice;
(b) The Council's name,
		  address and telephone number;
(c) A
		  statement of the date, time, and location of the hearing;
(d) A statement of the legal authority and
		  jurisdiction under which the hearing is to be held;
(e) A reference to the particular sections of
		  the statutes and rules involved; and
(f) A short statement describing the specific
		  matters appealed.