S.C. Code Regs. 72-313 - Hearings and Hearings Procedures

Current through Register Vol. 46, No. 3, March 25, 2022

A. An administrative hearing is available, following a timely request, to determine the propriety of:
(1) The denial of delegation of a program component.
(2) A revocation of a delegated program component.
(3) A denial or revocation of a permit for stormwater management and sediment control.
(4) A citizen complaint concerning program operation.
(5) The requirements imposed by the implementing agency for approval of the stormwater management and sediment reduction plan.
(6) The issuance of a notice of violation or non-compliance with the approved stormwater management and sediment reduction plan.
(7) The issuance of fines by an implementing agency.
(8) The issuance of a stop work order by an implementing agency.
B. Requests for administrative hearings and appeals may be made to local governments when program elements are delegated by the Commission or to the Commission when the Commission functions as the implementing agency. In addition, administrative hearings and appeals may be held by the Commission regarding decisions or actions of local implementing agencies. Procedures for acting on appeals and conducting administrative hearings by local implementing agencies will be specified in their request for delegation of program element. The Commission procedures for conducting administrative hearings is specified in R.72-313C through R.72-313Q.
C. A hearing may be requested by any person. If an adverse action is involved, the hearing may be requested provided that the written request is received within thirty (30) days after the notice is given to the person.
D. All hearings shall be initiated via correspondence approved by the Commission which shall give notice to all parties of the hearing.
(1) All parties must receive notice of the hearing of not less than thirty (30) days;
(2) The notice shall be sent by the designated hearing officer(s);
(3) The notice shall include:
(a) A statement of the time, place, and nature of the hearing;
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(c) A reference to the particular sections of the statutes and rules involved;
(d) A short and plain statement of the matters asserted. If the hearing officer(s) is/are unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
E. All hearings shall be conducted by a hearing officer(s) appointed by the Commission.
F. All hearings shall be conducted in accordance with Section 1-23-10 et seq. of the 1976 South Carolina Code of Laws.
G. The hearing officer(s) shall issue a proposal for decision which shall be mailed to the parties.
H. Within twenty (20) days after mailing of the proposal for decision, any party may file exceptions to the hearing officer's proposal for decision.
(1) Such exceptions shall be in written form, addressed to the Chairman of the Commission, and served upon all adverse parties;
(2) The exceptions shall list all the grounds upon which the exceptions are based.
I. If no exceptions are received by the Commission within the twenty (20) day period following the mailing of the proposal for decision, the Commission shall issue a final decision.
J. If timely exceptions are received, the Commission shall send notice to the parties that the appealing party(s) has thirty (30) days to submit a brief. Following the service of the appealing party's brief, or upon the expiration of the thirty (30) day period, whichever shall occur first, the other party shall have thirty (30) days to submit a brief. All briefs must be served on the opposing parties and filed with the Commission.
K. Following receipt of all briefs, the Commission shall schedule an oral argument if requested to do so by either party.
L. The request for an oral argument must be in writing, addressed to the Chairman of the Commission, and submitted with that party's brief.
M. The oral argument shall be scheduled for the next regular Commission meeting following the filing of the last brief.
N. The oral argument shall be heard by the members of the Commission present at the Commission meeting and shall be held in accordance with the following format:
(1) The appealing party shall be given twenty minutes to present his case;
(2) The opposing party shall be given twenty minutes to present his case;
(3) The appealing party shall be given a rebuttal period of five minutes.
O. The parties by written stipulation may agree that the hearing officer's decision shall be final and binding upon the parties.
P. The final order shall be issued by the Commission, and the decision of the Commission shall represent the view of a majority of the Commission members voting on the appeal.
Q. The final order shall be written and shall comply with the provisions of Section 1-23-10 et. seq. of the 1976 South Carolina Code of Laws.

Notes

S.C. Code Regs. 72-313
Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.

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