South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

S. 634

STATUS INFORMATION

General Bill
Sponsors: Senators Land and Moore
Document Path: l:\council\bills\nbd\11626ac03.doc
Companion/Similar bill(s): 4157

Introduced in the Senate on April 22, 2003
Currently residing in the Senate Committee on Agriculture and Natural Resources

Summary: Administrative procedures, appeal bonds, circuit court

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/22/2003  Senate  Introduced and read first time SJ-22
   4/22/2003  Senate  Referred to Committee on Agriculture and Natural 
                        Resources SJ-22

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/22/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-155 SO AS TO PROVIDE THAT A PERMIT DECISION MADE BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT MAY NOT BE APPEALED UNTIL THE PERMIT IS ISSUED OR FINALLY DENIED, THAT SUCH A PERMIT IS NOT SUBJECT TO AN AUTOMATIC STAY BY THE FILING OF A NOTICE OF APPEAL, AND THAT A STAY MAY ONLY BE ISSUED BY AN ADMINISTRATIVE LAW JUDGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 39, Title 48 of the 1976 Code is amended by adding:

"Section 48-39-155.    Notwithstanding any other provision of law or regulation, a permit decision made by the Office of Ocean and Coastal Resource Management may not be appealed until the permit is issued or final action is taken denying the permit. The issuance of a permit is not subject to an automatic stay by the filing of a notice of appeal and may only be stayed by order of an administrative law judge in accordance with the powers granted to an administrative law judge in Section 1-23-630."

SECTION    2.    This act takes effect upon approval by the Governor and applies to the permits issued by or final action denying a permit taken by the office of Ocean and Coastal Resource Management on or after this act's effective date.

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