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Bill > S0526


SC S0526

SC S0526
Appeals of Agency Determinations


summary

Introduced
04/01/2025
In Committee
05/08/2025
Crossed Over
05/07/2025
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 48-39-280, Relating To Beach Preservation Appeals Policies And Procedures, So As To Stay Any Enforcement Action During The Pendency Of The Appeal And To Provide That The Agency Will Be Responsible For Attorney's Fees And Costs To The Appellant If The Administrative Law Judge Reverses The Decision Of The Agency.

AI Summary

This bill amends South Carolina's beach preservation laws to provide additional protections and appeal rights for landowners challenging baseline or setback line determinations. The bill establishes a detailed review process where landowners can request a review conference with the department board within one year of a baseline or setback line establishment, paying a $100 review fee. If unsatisfied with the department's decision, landowners can request a contested case hearing before the Administrative Law Court within 30 days. Importantly, the bill introduces a new provision that allows a prevailing party to recover reasonable attorney's fees from the department if the Administrative Law Court finds that the department's initial determination was without substantial justification. The bill also ensures that during the appeal process, any enforcement actions will be stayed, giving landowners more time and protection to challenge decisions about their coastal property. These changes aim to provide greater fairness and transparency in how the state manages coastal property boundaries and preservation efforts.

Committee Categories

Agriculture and Natural Resources, Justice

Sponsors (1)

Last Action

Referred to Committee on Judiciary (on 05/08/2025)

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