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H. 4306
STATUS INFORMATION
Concurrent Resolution
Sponsors: Reps. Loftis and Sandifer
Document Path: l:\council\bills\nbd\11657sd07.doc
Introduced in the House on June 21, 2007
Currently residing in the House Committee on Invitations and Memorial Resolutions
Summary: DHEC
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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6/21/2007 House Introduced HJ-61
6/21/2007 House Referred to Committee on Invitations and Memorial
Resolutions HJ-61
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO EXPRESS THE SENSE AND BELIEF OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, WHEN CHALLENGING THE PARTICIPATION OF CERTAIN INDIVIDUALS AND GROUPS IN COURT PROCEEDINGS FOR WHICH THE AGENCY IS A PARTY, MUST CHALLENGE ALL REQUESTS TO INTERVENE AS A PARTY TO WHICH THE AGENCY IS A PARTY OR IT MAY NOT CHALLENGE ANY OF THE REQUESTS TO INTERVENE AS A PARTY BY THIRD-PARTY INDIVIDUALS AND GROUPS.
Whereas, individuals and organizations of this State have an interest in the issuance of permits by the Department of Health and Environmental Control; and
Whereas, individuals and organizations, for a variety of reasons, challenge in court the issuance of permits, and also the denial of permits; and
Whereas, individuals and organizations also intervene to join these court proceedings as parties to the action regarding permits; and
Whereas, these individuals and organizations have different reasons for their participation, some that may be consistent with the bureaucratic interests of the Department of Health and Environmental Control, others that are not consistent with those interests; and
Whereas, the Department of Health and Environmental Control has challenged the participation of certain individuals and groups in these court proceedings, but not all individuals and groups seeking to intervene as a party; and
Whereas, these challenges of certain individuals and groups have the appearance of furthering the bureaucratic interests of the Department of Health and Environmental Control, which may not be consistent with the interests of the citizens of the State of South Carolina; and
Whereas, these challenges of certain individuals and groups also have the appearance of favoritism to the individuals and groups not challenged by the Department of Health and Environmental Control; and
Whereas, judicial economy would be promoted if all parties who may be affected were allowed to intervene. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly expresses its sense and belief that the Department of Health and Environmental Control, when challenging the participation of certain individuals and groups in court proceedings for which the agency is a party, must challenge all request to intervene as a party to which the agency is a party or it may not challenge any of the requests to intervene as a party by third-party individuals and groups.
Be it further resolved that a copy of this resolution be forwarded to the Department of Health and Environmental Control.
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