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S.C. Code Ann. § 58-33-310

Appeal from final order or decision

Known as the Utility Facility Siting and Environmental Protection Act

The act spans §§ 58-33-10 to 58-33-430 (20 sections).

Applied in 1 court decision — leading case S.C. Elec. & Gas Co. v. Whitfield (2018)

Most recently applied in S.C. Elec. & Gas Co. v. Whitfield (July 2018)

1962 Code SECTION 58-1820; 1971 (57) 889; 2006 Act No. 318, SECTION 224, eff May 24, 2006; 2025 Act No. 41 (H.3309), SECTION 24, eff May 12, 2025.

(A)(1) If a party wishes to file for a petition for rehearing or reconsideration from all or any portion of an order or decision of the commission, that petition must be filed within fifteen days from the commission issuing the order or decision. A response to the petition for rehearing or reconsideration must be filed within fifteen days from the filed date of the petition for rehearing or reconsideration. Failure to file for rehearing or reconsideration as required in this section constitutes a waiver of the party to further pursue the matter.

(2) The commission must issue its final order within thirty days from the date the response to the petition for rehearing or reconsideration is filed.

(B) Any party may appeal, in accordance with Section 1-23-380, from all or any portion of any final order or decision of the commission, including conditions of the certificate required by a state agency under Section 58-33-160 as provided by Section 58-27-2310.

(C) Any final order on the merits issued pursuant to this chapter shall be immediately appealable to the Supreme Court of South Carolina in accordance with South Carolina Appellate Court Rule 203. The commission must not be a party to an appeal.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.