Senator HUTTO proposed the following amendment (2R001.SP.CBH):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/ SECTION __. Section 1-23-600(H) of the 1976 Code is amended to read:

" (H)(1)This subsection applies to timely requests for a contested case hearing pursuant to this section of hearings for decisions by departments governed by a board or commission authorized to exercise the sovereignty of the State the Department of Environmental Services. Emergency actions taken by the Department of Environmental Services pursuant to an applicable statute or regulation are not subject to the provisions of this subsection.

(2) All decisions by the Department of Environmental Services are automatically stayed for thirty days. A party seeking to continue the automatic stay must file a motion to continue the automatic stay together with a request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order decision to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; however, matters not affected by the request may are not be stayed by the filing of the request. If the request is filed for a decision is concerning a subsequent license related to issues substantially similar to those considered in a previously licensed matter, then the license may is not be automatically stayed by the filing of the request. If the requesting party asserts in the request that the issues are not substantially similar to those considered in a previously licensed matter, then the license must be stayed until further order of the Administrative Law Court. Requests for contested case hearings challenging only the amount of fines or penalties must be considered not to affect those portions of such orders imposing substantive requirements.

(3) The general rule of item (2) does not stay emergency actions taken by an agency pursuant to an applicable statute or regulation.

(4)(3)(a) Ninety days after a contested case is initiated before the Administrative Law Court, If a party may move before the presiding administrative law judge to lift moves to continue the automatic stay imposed pursuant to this subsection or for a determination of the applicability of the automatic stay. A then a hearing must be held within thirty days after any party files a the motion is filed with the court and serves the motion served upon the parties. The automatic stay shall remain in effect until the Administrative Law Court makes a determination about whether to the continue the automatic stay. The court shall lift continue the automatic stay unless if the moving party that requested a contested case hearing proves shows: (i) the likelihood of irreparable harm if the automatic stay is lifted, (ii) the substantial likelihood that the moving party requesting the contested case and stay will succeed on the merits of the case, (iii) the balance of equities weigh in favor of continuing the automatic stay, and (iv) continuing the automatic stay serves the public interest. The judge must issue an order no later than fifteen business days after the hearing is concluded. If the automatic stay is lifted, action undertaken by the permittee or licensee does not moot and is not otherwise considered an adjudication of the issues raised by the request for a contested case hearing. Notwithstanding the provisions of this item, the process to lift continue a stay as provided in this item does not apply to a contested case concerning a permit or license involving hazardous waste as defined in Section 44-56-20(6),. and a An automatic stay in such a contested case concerning a permit or license involving hazardous waste must not be lifted continued until the contested case is concluded and the Administrative Law Court has filed its final order in the matter.

(b) Notwithstanding any other provision of law, in a contested case arising under this subsection, the Administrative Law Court shall file a final decision on the merits of the case no later than twelve months after the contested case is filed with the Clerk of the Administrative Law Court, unless all parties to the contested case consent to an extension or the court finds substantial cause otherwise.

(5)(4)A final decision issued by the Administrative Law Court in a contested case may not be stayed except by order of the Administrative Law Court , or the Court of Appeals, or the Supreme Court.

(6)(5)Nothing contained in this subsection constitutes a limitation on the authority of the Administrative Law Court to impose a stay as otherwise provided by statute or by rule of court." /