reglab/housing_qa huggingface dataset:
SC Code § 1-23-90 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-90. Complete codifications of documents; Code of State Regulations designated.

 (a) The Legislative Council may provide for, from time to time as it considers necessary, the preparation and publication of complete codifications of the documents of each agency having general applicability and legal effect, issued or promulgated by the agency which are relied upon by the agency as authority for, or are invoked or used by it in the discharge of, its activities or functions.  (b) A codification published under item (a) of this section shall be designated as the "Code of State Regulations". The Legislative Council may regulate the binding of the printed codifications into separate books with a view to practical usefulness and economical manufacture. Each book shall contain an explanation of its coverage and other aids to users that the Legislative Council may require. A general index to the entire Code of State Regulations may be separately printed and bound.  (c) The Legislative Council shall regulate the supplementation and republication of the printed codifications with a view to keeping the Code of State Regulations as current as practicable.  (d) The authority granted in this section is supplemental to and not in conflict with the establishment of the State Register as provided for in other provisions of this article.  HISTORY: 1977 Act No. 176, Art. I, Section 9.
SC Code § 1-23-100 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-100. Exemptions for Executive Orders, proclamations or documents issued by Governor's Office; treatment of some Executive Orders for information purposes.

 This article shall not apply to Executive Orders, proclamations or documents issued by the Governor's Office. However, Governor's Executive Orders, having general applicability and legal effect shall be transmitted by the Secretary of State to the Legislative Council to be published in a separate section of the State Register for information purposes only. Such orders shall not be subject to General Assembly approval.  HISTORY: 1977 Act No. 176, Art. I, Section 10.
SC Code § 1-23-126 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-126. Petition requesting promulgation, amendment or repeal of regulation.

 An interested person may petition an agency in writing requesting the promulgation, amendment or repeal of a regulation. Within thirty days after submission of such petition, the agency shall either deny the petition in writing (stating its reasons for the denial) or shall initiate the action in such petition.  HISTORY: 1980 Act No. 442, Section 6.
SC Code § 1-23-130 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-130. Emergency regulations.

 (A) If an agency finds that an imminent peril to public health, safety, or welfare requires immediate promulgation of an emergency regulation before compliance with the procedures prescribed in this article or if a natural resources related agency finds that abnormal or unusual conditions, immediate need, or the state's best interest requires immediate promulgation of emergency regulations to protect or manage natural resources, the agency may file the regulation with the Legislative Council and a statement of the situation requiring immediate promulgation. The regulation becomes effective as of the time of filing.  (B) An emergency regulation filed under this section which has a substantial economic impact may not be refiled unless accompanied by the summary of the final assessment report prepared by the office pursuant to Section 1-23-115 and a statement of need and reasonableness is prepared by the agency pursuant to Section 1-23-111.  (C) If emergency regulations are either filed or expire while the General Assembly is in session, the emergency regulations remain in effect for ninety days only and may not be refiled; but if emergency regulations are both filed and expire during a time when the General Assembly is not in session they may be refiled for an additional ninety days.  (D) Emergency regulations and the agency statement as to the need for and reasonableness of immediate promulgation must be published in the next issue of the State Register following the date of filing. The summary of the final assessment report required for refiling emergency regulations pursuant to subsection (B) must also be published in the next issue of the State Register.  (E) An emergency regulation promulgated pursuant to this section may be permanently promulgated by complying with the requirements of this article.  HISTORY: 1977 Act No. 176, Art. I, Section 13; 1980 Act No. 442, Section 4; 1986 Act No. 478, Section 1; 1992 Act No. 507, Section 5; 1993 Act No. 181, Section 14.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
SC Code § 1-23-140 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-140. Duties of state agencies; necessity for public inspection.

 (a) In addition to other requirements imposed by law, each agency shall:  (1) Adopt and make available for public inspection a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests;  (2) Adopt and make available for public inspection a written policy statement setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency;  (3) Make available for public inspection all final orders, decisions and opinions except as otherwise provided by law.  (b) No agency rule, order or decision is valid or effective against any person or party, nor may it be invoked by the agency for any purpose until it has been made available for public inspection as required by this article and Article 2. This provision is not applicable in favor of any person or party who has actual knowledge thereof.  HISTORY: 1977 Act No. 176, Art. I, Section 14.
SC Code § 1-23-150 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-150. Appeals contesting authority of agency to promulgate regulation.

 (a) Any person may petition an agency in writing for a declaratory ruling as to the applicability of any regulation of the agency or the authority of the agency to promulgate a particular regulation. The agency shall, within thirty days after receipt of such petition, issue a declaratory ruling thereon.  (b) After compliance with the provisions of paragraph (a) of this section, any person affected by the provisions of any regulation of an agency may petition the Circuit Court for a declaratory judgment and/or injunctive relief if it is alleged that the regulation or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff or that the regulation exceeds the regulatory authority of the agency. The agency shall be made a party to the action.  HISTORY: 1977 Act No. 176, Art. I, Section 15; 1980 Act No. 442, Section 5.
SC Code § 1-23-160 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-160. Prior filed regulations unaffected.

 All regulations of state agencies promulgated according to law and filed with the Secretary of State as of January 1, 1977, shall have the full force and effect of law. All regulations of state agencies promulgated under this article and effective as of June 30, 1994 shall have the full force and effect of law.  HISTORY: 1977 Act No. 176, Art. I, Section 16; 1993 Act No. 181, Section 15.
SC Code § 1-23-300 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-300. Applicability.

 This article does not apply to emergency regulations promulgated pursuant to Section 1-23-130 or regulations promulgated pursuant to Chapter 9 of Title 46 or Chapter 4 of Title 47 or to proposed regulations by an agency to implement a statute or ordinance that does not require an agency to interpret or describe the requirements of the statute or ordinance, such as state legislative or federally mandated provisions that do not allow discretion to consider less restrictive alternatives or to a federal regulation that has gone through the federal regulatory flexibility act, if the federal review process is the same as or is stricter than the requirements of these sections.  HISTORY: 2004 Act No. 231, Section 2, eff January 1, 2005.
SC Code § 1-23-310 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-310. Definitions.

 As used in this article:  (1) "Administrative law judge" means a judge of the South Carolina Administrative Law Court created pursuant to Section 1-23-500;  (2) "Agency" means each state board, commission, department, or officer, other than the legislature, the courts, or the Administrative Law Court, authorized by law to determine contested cases;  (3) "Contested case" means a proceeding including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;  (4) "License" includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;  (5) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;  (6) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.  HISTORY: 1977 Act No. 176, Art. II, Section 1; 1980 Act No. 442, Section 7; 1993 Act No. 181, Section 16; 1998 Act No. 359, Section 1; 2008 Act No. 334, Section 3, eff June 16, 2008.  Effect of Amendment  The 2008 amendment, in item (1), substituted "Administrative Law Court" for "administrative law judge division"; and, in item (2), substituted ", the courts, or the Administrative Law Court," for "or the courts, but to include the administrative law judge division".
SC Code § 1-23-330 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-330. Evidentiary matters in contested cases.

 In contested cases:  (1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Except in proceedings before the Industrial Commission the rules of evidence as applied in civil cases in the court of common pleas shall be followed. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;  (2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;  (3) Any party may conduct cross-examination;  (4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.  HISTORY: 1977 Act No. 176, Art. II, Section 3; 1979 Act No. 188, Section 6.
SC Code § 1-23-340 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-340. Procedure in contested cases where majority of those who are to render final decision are unfamiliar with case.

 When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or reviewed the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.  HISTORY: 1977 Act No. 176, Art. II, Section 4.
SC Code § 1-23-350 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-350. Final decision or order in contested case.

 A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.  HISTORY: 1977 Act No. 176, Art. II, Section 5.
SC Code § 1-23-360 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-360. Communication by members or employees of agency assigned to decide contested case.

 Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. An agency member:  (1) May communicate with other members of the agency; and  (2) May have the aid and advice of one or more personal assistants.  Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred fifty dollars or imprisoned for not more than six months.  HISTORY: 1977 Act No. 176, Art. II, Section 6.
SC Code § 1-23-370 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-370. Procedures regarding issuance, denial or renewal of licenses.

 (a) When the grant, denial or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this article and Article 1 concerning contested cases apply.  (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.  (c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.  HISTORY: 1977 Act No. 176, Art. II, Section 7.
SC Code § 1-23-390 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-390. Supreme Court review.

 An aggrieved party may obtain a review of a final judgment of the circuit court or the court of appeals pursuant to this article by taking an appeal in the manner provided by the South Carolina Appellate Court Rules as in other civil cases.  HISTORY: 1977 Act No. 176, Art. II, Section 9; 1999 Act No. 55, Section 4; 2006 Act No. 387, Section 3, eff July 1, 2006.  Editor's Note  2006 Act No. 387, Section 53, provides as follows:  "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."  2006 Act No. 387, Section 57, provides as follows:  "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."  Effect of Amendment  The 2006 amendment added "or the court of appeals" and made nonsubstantive changes.
SC Code § 1-23-400 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-400. Application of article.

 The provisions of this article shall not apply to any matters pending on June 13, 1977. The provisions of Sections 1-23-360 and 1-23-370 shall not apply to any agency which under existing statutes have established and follow notice and hearing procedures which are in compliance with such sections.  HISTORY: 1977 Act No. 176, Art. II, Section 10.
SC Code § 1-23-500 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-500. South Carolina Administrative Law Court created; number of judges.

 There is created the South Carolina Administrative Law Court, which is an agency and a court of record within the executive branch of the government of this State. The court shall consist of a total of six administrative law judges. The administrative law judges shall be part of the state employees retirement system.  HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Section 9; 2004 Act No. 202, Section 1, eff April 26, 2004.  Effect of Amendment  The 2004 amendment deleted the designation preceding former subsection (A) and rewrote the paragraph, substituting "Administrative Law Court" for "Administrative Law Judge Division", and deleted subsection (B) relating to a feasibility study by the Judicial Council.
SC Code § 1-23-505 (2021)
2021 South Carolina Code of Laws|Title 1 - Administration of the Government|Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases|Section 1-23-505. Definitions.

 As used in this article:  (1) "Administrative law judge" means a judge of the South Carolina Administrative Law Court created pursuant to Section 1-23-500.  (2) "Agency" means a state agency, department, board, or commission whose action is the subject of a contested case hearing or an appellate proceeding heard by an administrative law judge, or a public hearing on a proposed regulation presided over by an administrative law judge.  (3) "Contested case" means a proceeding including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law or by Article I, Section 22, Constitution of the State of South Carolina, 1895, to be determined by an agency or the Administrative Law Court after an opportunity for hearing.  (4) "License" includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but does not include a license required solely for revenue purposes.  (5) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.  (6) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.  HISTORY: 2008 Act No. 334, Section 1, eff June 16, 2008.