§ 41-15-220 — Notice and hearing; occupational safety and health standards not subject to Administrative Procedure Act; rebuttable presumptions created by publication of notice.

(A) Before the promulgation, modification, or revocation of a regulation issued pursuant to this article, the Director shall conduct a public hearing at which all interested persons, including employer and employee representatives, must be provided an opportunity to appear and present their comments orally or written, or both. Notice of the hearing must be published in the State Register and in at least three newspapers, at least one of which has circulation in upper, lower, and middle South Carolina, once a week for three weeks. The notice must contain the date, time, and place of the hearing and a brief description of the proposed regulation. (B) Occupational safety and health standards promulgated pursuant to this article are not subject to the Administrative Procedures Act. After promulgation the department shall file a notice in the Legislative Council to be published in the State Register. This notice must refer to the federal occupational safety and health administration standards which have been repromulgated under this section and give specific notice of differences between the state and federal standard. Filing and publication of notice in the State Register give notice of the contents of the standard to a person subject to or affected by it. (C) Publication of the notice creates a rebuttable presumption that the: (1) standard to which it refers was promulgated under this section; (2) notice was filed and made available for public inspection at the day and hour stated in it; (3) copy on file in the Legislative Council is a true copy of the original.

Legislative History

HISTORY: 1962 Code SECTION 40-262; 1971 (57) 505; 1973 (58) 358; 1992 Act No. 377, SECTION 1, eff May 15, 1992. Effect of Amendment The 1992 amendment added subsections (B) and (C).