South Carolina Code of Regulations
Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA
Section 89-110 - Public Hearings Upon Request Following Advertisement of Intent to Mine or Substantial Modification of a Permit
Current through Register Vol. 48, No. 3, March 22, 2024
A. A public hearing will be held by the Department, following the last required date of advertisement of any application for a permit or any substantial modification, when requested in writing by ten persons or by a governmental subdivision or agency or by an association having not less than ten members. A request for a public hearing must also be based on sufficient technical reasons. The Department shall send a notice acknowledging receipt of a petition for a public hearing to the applicant and to the petitioners within fifteen (15) calendar days following receipt of the petition.
B. Public hearings held pursuant to this Section shall be for the purpose of receiving data, views, comments or arguments from all interested parties concerning any application for a permit to mine or substantial modification of an existing permit. A public hearing is not an adjudicatory hearing pursuant to the Administrative Procedures Act.
C. Requests for a public hearing are considered to have been made when received by the Department within fifteen (15) calendar days from the date of last required advertisement.
D. When a public hearing has been scheduled by the Department, public notice of the hearing shall be given at least thirty (30) calendar days prior to the date on which the public hearing will be held.
E. Public hearings may be recorded and/or transcribed by the Department or by a certified Court Reporter retained for the hearing.