reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-510. Election of judges; terms.

(A) The judges of the division must be elected by the General Assembly in joint session, for a term of five years and until their successors are elected and qualify; provided, that of those judges initially elected, the chief judge, elected to Seat 1 must be elected for a term of five years, the judge elected to Seat 2 must be elected for a term of three years, the judge elected to Seat 3 must be elected for a term of one year. The remaining judges of the division must be elected for terms of office to begin February 1, 1995, for terms of five years and until their successors are elected and qualify; provided, that those judges elected to seats whose terms of office are to begin on February 1, 1995, to Seat 4 must be initially elected for a term of five years, the judge elected to Seat 5 must be initially elected for a term of three years, and the judge elected to Seat 6 must be initially elected for a term of one year. The terms of office of the judges of the division for Seats 1, 2, and 3 shall begin on March 1, 1994. The terms of office of the judges of the division for Seats 4, 5, and 6 shall begin on February 1, 1995. The terms of office of each of the seats shall terminate on the thirtieth day of June in the final year of the term for the respective seats.
(B) In electing administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State.
(C) Before election as an administrative law judge, a candidate must undergo screening pursuant to the provisions of Section 2-19-10, et seq.
(D) Each seat on the division must be numbered. Elections are required to be for a specific seat. The office of chief administrative law judge is a separate and distinct office for the purpose of an election.
(E) In the event that there is a vacancy in the position of the chief administrative law judge or for any reason the chief administrative law judge is unable to act, his powers and functions must be exercised by the most senior administrative law judge as determined by the date of their election to the division.
HISTORY: 1993 Act No. 181, Section 19; 1999 Act No. 39, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-520. Eligibility for office.

No person is eligible for the office of law judge of the division who does not at the time of his election meet the qualification for justices and judges as set forth in Article V of the Constitution of this State.
HISTORY: 1993 Act No. 181, Section 19.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-525. Members of General Assembly disqualified for office of law judge.

No member of any General Assembly who is not otherwise prohibited from being elected to an administrative law judge position may be elected to such position while he is a member of the General Assembly and for a period of four years after he ceases to be a member of the General Assembly.
HISTORY: 1993 Act No. 181, Section 19.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-535. Official seal.

The Administrative Law Court shall have a seal with a suitable inscription, an impression of which must be filed with the Secretary of State.
HISTORY: 2008 Act No. 334, Section 2, eff June 16, 2008.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-540. Compensation; full-time position.

The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit court judges of this State. The remaining judges shall receive as annual salary equal to eighty percent of that paid to the circuit court judges of this State. They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges.
Each administrative law judge shall devote full time to his duties as an administrative law judge, and may not practice law during his term of office, nor may he during this term be a partner or associate with anyone engaged in the practice of law in this State.
HISTORY: 1993 Act No. 181, Section 19.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-550. Vacancies.

All vacancies in the office of administrative law judge must be filled in the manner of original appointment. When a vacancy is filled, the judge elected shall hold office only for the unexpired term of his predecessor.
HISTORY: 1993 Act No. 181, Section 19.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-560. Application of Code of Judicial Conduct; complaints against administrative law judges; attending judicial-related functions.

Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The sole grounds for discipline and sanctions for administrative law judges are those contained in the Code of Judicial Conduct in Rule 502, Rule 7 of the South Carolina Appellate Court Rules. The Commission on Judicial Conduct, under the authority of the Supreme Court, shall handle complaints against administrative law judges for possible violations of the Code of Judicial Conduct in the same manner as complaints against other judges. Notwithstanding another provision of law, an administrative law judge and the judge's spouse or guest may accept an invitation to attend a judicial-related or bar-related function, or an activity devoted to the improvement of the law, legal system, or the administration of justice.
HISTORY: 1993 Act No. 181, Section 19; 2008 Act No. 334, Section 6, eff June 16, 2008; 2014 Act No. 146 (S.405), Section 1, eff April 7, 2014.
Effect of Amendment
The 2008 amendment added the second sentence referring to Code of Judicial Conduct, Rule 502, Rule 7, and the fourth sentence relating to invitations to judicial-related functions; and, in the third sentence, added ", which" following "Commission" and substituted "shall use the procedure contained in" for "pursuant to".
2014 Act No. 146, Section 1, rewrote the third sentence, removing reference to the State Ethics Commission.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-570. Chief Judge responsible for administration of division.

The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the division, including budgetary matters, assignment of cases, and the administrative duties and responsibilities of the support staff. The chief judge shall assign judges of the division to hear all cases of the various state departments and commissions for which it is responsible on a general rotation and interchange basis by scheduling and assigning administrative law judges based upon subject matter no less frequently than every six months.
HISTORY: 1993 Act No. 181, Section 19; 1998 Act No. 359, Section 3.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-580. Clerk of division; assistants to administrative law judges; other staff.

(A) A clerk of the division, to be appointed by the chief judge, must be appointed and is responsible for the custody and keeping of the records of the division. The clerk of the division shall perform those other duties as the chief judge may prescribe.
(B) Each administrative law judge may appoint, hire, contract, and supervise an administrative assistant as individually allotted and authorized in the annual general appropriations act.
(C) The other support staff of the division is as authorized by the General Assembly in the annual general appropriations act and shall be hired, contracted, and supervised by the chief judge. The division may engage stenographers for the transcribing of the proceedings in which an administrative law judge presides. It may contract for these stenographic functions, or it may use stenographers provided by the agency or commission.
HISTORY: 1993 Act No. 181, Section 19; 1998 Act No. 359, Section 4.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-630. Powers of law judges.

(A) Each administrative law judge of the division has the same power at chambers or in open hearing as do circuit court judges and to issue those remedial writs as are necessary to give effect to its jurisdiction.
(B) An administrative law judge may authorize the use of mediation in a manner that does not conflict with other provisions of law and is consistent with the division's rules of procedure.
HISTORY: 1993 Act No. 181, Section 19; 2003 Act No. 39, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-640. Principal offices of court; where cases heard.

The court shall maintain its principal offices in the City of Columbia. However, judges of the court shall hear contested cases at the court's offices or at a suitable location outside the City of Columbia when determined by the chief judge.
HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Section 6; 2008 Act No. 334, Section 9, eff June 16, 2008.
Effect of Amendment
The 2008 amendment substituted "court" for "division" throughout and in the second sentence deleted "offices or location of the involved department or commission as prescribed by the agency or commission, at the division's" following "hear contested cases at the" and made minor language changes.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-650. Promulgation of rules.

(A) Rules governing the internal administration and operations of the Administrative Law Court must be:
(1) proposed by the chief judge of the court and adopted by a majority of the judges of the court; or
(2) proposed by any judge of the court and adopted by seventy-five percent of the judges of the court.
(B) Rules governing practice and procedure before the court which are:
(1) consistent with the rules of procedure governing civil actions in courts of common pleas; and
(2) not otherwise expressed in Chapter 23, Title 1; upon approval by a majority of the judges of the court must be promulgated by the court and are subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution.
(C) All hearings before an administrative law judge must be conducted exclusively in accordance with the rules of procedure promulgated by the court pursuant to this section. All other rules of procedure for the hearing of contested cases or appeals by individual agencies, whether promulgated by statute or regulation, are of no force and effect in proceedings before an administrative law judge.
HISTORY: 1993 Act No. 181, Section 19; 1994 Act No. 452, Section 2; 1998 Act No. 359, Section 5; 2006 Act No. 387, Section 6, 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 designated subsections (A) and (B); in subsection (A), in the introductory statement substituted "Administrative Law Court must" for "administrative law judge division shall"; added subsection (C); and substituted "court" for "division" and made nonsubstantive changes throughout.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-670. Filing fees.

Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the Administrative Law Court must be accompanied by a filing fee equal to that charged in circuit court for filing a summons and complaint, unless another filing fee schedule is established by rules promulgated by the Administrative Law Court, subject to review as in the manner of rules of procedure promulgated by the Supreme Court pursuant to Article V of the Constitution of this State. This fee must be retained by the Administrative Law Court in order to help defray the costs of the proceedings. No filing fee is required in administrative appeals by inmates from final decisions of the Department of Corrections or the Department of Probation, Parole and Pardon Services. However, if an inmate files three administrative appeals during a calendar year, then each subsequent filing during that year must be accompanied by a twenty-five dollar filing fee. If the presiding administrative law judge determines at the conclusion of the proceeding that the case was frivolous or taken solely for the purpose of delay, the judge may impose such sanctions as the circumstances of the case and discouragement of like conduct in the future may require, including the sanctions authorized in the Frivolous Civil Proceedings Sanctions Act, Chapter 36, Title 15, and as otherwise provided by law.
HISTORY: 2008 Act No. 353, Section 2, Pt 18A, eff July 1, 2009; 2018 Act No. 134 (S.105), Section 2, eff March 12, 2018.
Effect of Amendment
2018 Act No. 134, Section 2, in the fifth sentence, added ", including the sanctions authorized in the Frivolous Civil Proceedings Sanctions Act, Chapter 36, Title 15, and as otherwise provided by law" at the end.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-680. Cost of South Carolina Code, supplements, and replacement volumes.

The South Carolina Administrative Law Court is not required to reimburse the South Carolina Legislative Council for the cost of the Code of Laws, code supplements, or code replacement volumes distributed to the court.
HISTORY: 2008 Act No. 353, Section 2, Pt 18B, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-10. Creation of project.

There is created the South Carolina Human Services Demonstration Project (project) for the purpose of establishing a demonstration model whereby the delivery of human services in South Carolina may be thoroughly researched and studied to provide for a more efficient and orderly manner of service delivery and to improve the availability, quality and cost effectiveness of providing such services to the citizens of the State.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-20. Purpose of project.

The purposes of the project shall be:
A. To provide information and working experience relevant to the discovery of steps needed to provide increased efficiency in the delivery of human services in South Carolina;
B. To provide to the Reorganization Commission the information necessary for the commission to examine the organization and functions of the agencies providing human services in the State, and to further consider what reorganization plan or plans the commission shall promulgate under its statutory authority provided in 1-19-20 of the 1976 Code.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-30. Definitions.

As used in this section, unless otherwise indicated:
(a) "State agency" shall mean each state board, commission, department, executive department or officer, other than the General Assembly and the courts authorized by law to deliver human services to the people of South Carolina.
(b) "Human services" shall mean those services required to sustain the family's or individual's ability to provide food, shelter, employment safe and healthy environment, a healthy body, mind, and develop skills. Human services provided through this project shall include those programs provided through state agencies that are set out in Section 1-25-70.
(c) "Regulation" shall mean each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. The term includes the amendment or repeal of any agency regulation.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-40. Site establishment for project.

The site or sites of the project shall be established at a location chosen by the State Reorganization Commission, in consultation with the state agencies impacted by the project and city, county and other officials of the areas proposed for site location and any other persons, agencies or bodies the commission deems necessary and helpful in the determination of a site or sites. Provided, however, the commission shall confine its site choices to no more than two sites, covering in their totality no more than four counties. In the event that multiple sites are chosen, the commission shall designate one urban site and one rural site.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-50. Project Managing Agency; powers and duties.

(A) A Project Managing Agency shall be formed at each designated site pursuant to the provisions of subsection Section 1-25-60(D). The powers and duties of the Project Managing Agency shall include, but not be limited to, the following:
(1) To execute those powers and duties assigned to the Interagency Demonstration Area Coordinating Committee in subsection Section 1-25-60(F)
(2) To oversee and administer the planning and implementation of the project at the site wherein it sits;
(3) To keep a record of the project's acts at the site wherein it sits;
(4) To aid in the annual reports called for in Section 1-25-100.
(B) Each Project Managing Agency may, in the performance of its duties employ or acquire such administrative, clerical, stenographic and other personnel as may be necessary to effectuate the provisions of this section.
(C) Each project Managing Agency shall be authorized to apply for and receive federal, state and local funds, grants and other funding.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-80. Duration of project.

The South Carolina Human Services Demonstration Project shall exist and be operational for a period of time reasonably calculated to provide ample time and opportunity to implement and evaluate the purposes of this chapter. Provided project implementation at any single site, shall not exceed a three-year term, excluding plan development and preparation time, but including actual implementation, administration and evaluation of the project at that site.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-90. Audits by Legislative Audit Council.

A. The Legislative Audit Council shall conduct timely and periodic audits of each site's fiscal and programmatic activities and shall report on such audits to the Governor and General Assembly.
B. Nothing in the above paragraph or any other section of this chapter shall be construed so as to prohibit or hinder any state agency or commission impacted by the project from conducting the regularly scheduled audits of that agency or commission.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-100. Reorganization Commission required to report to General Assembly.

The Reorganization Commission shall report periodically to the General Assembly relating to the project's progress, evaluation and current status. Such report shall be compiled and delivered to the Governor and the President of the Senate and the Speaker of the House within fifteen months after the effective date of this chapter. and within every succeeding twelve months thereafter.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-110. Power to effectuate waiver of federal rules, regulations or statutes.

Each Project Managing Agency shall be empowered to take all steps reasonably necessary to effectuate the waiver of federal rules, regulations or statutes. This authority shall include but not be limited to, the seeking of federal legislation, the negotiation of agreements between the project and any federal agency or board, and the application for the waiver of any federal rule, regulation or statute.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 25 - Human Services Demonstration Project › Section 1-25-120. Inapplicability of other laws.

For purposes of this chapter only, all state laws, regulations, or any rule of any state agency, board or commission having the effect or force of law that prohibits or is inconsistent with any provision of this section is hereby declared inapplicable to this chapter.
No federal laws, rules or regulations shall be violated or abridged without properly documented authority of appropriate federal officials.
HISTORY: 1978 Act No. 644, Part II, Section 30.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 29 - South Carolina Council On The Holocaust › Section 1-29-10. Creation of council; purpose.

The South Carolina Council on the Holocaust is created. The purpose of the council, working in conjunction with the State Department of Education, is to develop an educational program to prevent future atrocities similar to the systematic program of genocide of six million Jews and others by the Nazis. The program must be designed to honor the survivors of the Holocaust and their descendants and the South Carolinians and their descendants who participated in the liberation of concentration camps. The council also shall develop and establish an appropriate program for an annual observance of the Holocaust.
HISTORY: 1989 Act No. 189, Part II, Section 56.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 29 - South Carolina Council On The Holocaust › Section 1-29-20. Membership of council.

The council consists of twelve members: four appointed by the Governor, four appointed by the President of the Senate, and four appointed by the Speaker of the House of Representatives. Members must be appointed for two-year terms to begin July first of each year. A majority of the members constitutes a quorum for the transaction of business, and the council shall meet not more than once each quarter.
HISTORY: 1989 Act No. 189, Part II, Section 56.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 29 - South Carolina Council On The Holocaust › Section 1-29-40. Powers of council.

In addition to appropriations annually made available by the General Assembly, the council may enter into contracts and accept gifts, contributions, and bequests of an unrestricted nature from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the educational objectives of the council.
HISTORY: 1989 Act No. 189, Part II, Section 56.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 29 - South Carolina Council On The Holocaust › Section 1-29-50. Compensation of council members.

The members are allowed the usual mileage, per diem, and subsistence provided by law for members of state boards, committees, and commissions. The expenses of the legislative appointees must be paid from the approved accounts of their respective bodies, and the expenses of the gubernatorial appointees must be paid from funds appropriated to the Governor's Office.
HISTORY: 1989 Act No. 189, Part II, Section 56.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-15. Department of Agriculture.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Agriculture:
Department of Agriculture, formerly provided for at Section 46-39-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-20. Department of Alcohol and Other Drug Abuse Services.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:
(A) South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 44-49-10, et seq.;
(B) Drug-free Schools and Communities Program in the Governor's Office, provided for under grant programs.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-30. Department of Corrections.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Corrections:
Department of Corrections, formerly provided for at Section 24-1-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-35. Department of Disabilities and Special Needs.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Disabilities and Special Needs to be initially divided into divisions for Intellectual Disability, Head and Spinal Cord Injury, and Autism; provided, however, that the board of the former Department of Mental Retardation as constituted on June 30, 1993, and thereafter, under the provisions of Section 44-19-10, et seq., shall be the governing authority for the department.
(A) Department of Mental Health Autism programs, formerly provided for at Section 44-9-10, et seq.;
(B) Head and Spinal Cord Injury Information System, formerly provided for at Section 44-38-10, et seq.;
(C) Department of Mental Retardation, formerly provided for at Section 44-19-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
Code Commissioner's Note
2011 Act No. 47, Section 14(B), provided for the substitution of "intellectual disability" for "mental retardation" in the 1976 Code of Laws. At the Code Commissioner's discretion, the substitution was not made for the formal reference to the Mental Retardation division and the Department of Mental Retardation in this section.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-40. Department of Education.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Education:
State Department of Education, provided for at Section 59-5-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-45. Department of Health and Environmental Control.

Section effective until July 1, 2024.
Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Environmental Control and to include a coastal division:
(A) Department of Health and Environmental Control, formerly provided for at Section 44-1-10, et seq.;
(B) South Carolina Coastal Council, formerly provided for at Section 48-39-10, et seq.;
(C) State Land Resources Conservation Commission regulatory division, formerly provided for at Section 48-9-10, et seq.;
(D) Water Resources Commission regulatory division, formerly provided for at Section 49-3-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
Editor's Note
2023 Act No. 60, Section 3.E, provides as follows:
"[SECTION 3.]E. Sections 1-30-45 and 44-1-65 of the S.C. Code are repealed."
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-50. Department of Health and Human Services.

Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Health and Human Services:
Department of Health and Human Services Finance Commission, formerly provided for at Section 44-6-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-55. Department of Insurance.

Effective on July 1, 1995, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Insurance:
Department of Insurance, formerly provided for at Section 38-3-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-60. Department of Juvenile Justice.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Juvenile Justice:
Department of Youth Services, formerly provided for at Section 20-7-6805, et seq.
HISTORY: 1993 Act No. 181, Section 1.
Code Commissioner's Note
The second paragraph was restored at the direction of the Code Commissioner in 2013 to correct the inadvertent omission of that text.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-70. Department of Mental Health.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children's Services Division and shall include:
Department of Mental Health, provided for at Section 44-9-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-75. Department of Natural Resources.

Effective on July 1, 1994, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with the agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in, and must be administered as part of the Department of Natural Resources. The department must be divided initially into divisions for Land Resources and Conservation Districts, Water Resources, Marine Resources, Wildlife and Freshwater Fisheries, and State Natural Resources Enforcement. The South Carolina Wildlife and Marine Resources Commission, as constituted on June 30, 1993, and after that time, under the provisions of Section 50-3-10 et seq. is the governing authority for the department:
(1) Geological Survey of the Research and Statistical Services Division of the Budget and Control Board, to include the State Geologist, formerly provided for at Section 1-11-10, et seq.;
(2) State Land Resources Conservation Commission, less the regulatory division, formerly provided for at Section 48-9-10, et seq.;
(3) South Carolina Migratory Waterfowl Commission, formerly provided for at Section 50-11-20, et seq.;
(4) Water Resources Commission, less the regulatory division, formerly provided for at Section 49-3-10, et seq.;
(5) South Carolina Wildlife and Marine Resources Commission, formerly provided for at Section 50-3-10, et seq.
HISTORY: 1993 Act No. 181, Section 1; 1994 Act No. 497, Part II, Section 59B.
Editor's Note
Section 50-11-20 was repealed by 2020 Act No. 152, Section 3.A, effective September 28, 2020.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-85. Department of Probation, Parole and Pardon Services.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and must be administered as part of the Department of Probation, Parole, and Pardon Services:
Department of Probation, Pardon and Parole, formerly provided for at Section 24-21-10, et seq.
HISTORY: 1993 Act No. 181, Section 1; 1995 Act No. 83, Section 8.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-90. Department of Public Safety.

The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities, as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, and Training and Continuing Education.
(A) Law Enforcement Hall of Fame, formerly provided for in Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for in Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided in Section 58-3-310;
(D) Public Safety Division, formerly of the Governor's Office.
HISTORY: 1993 Act No. 181, Section 1; 1996 Act No. 459, Section 3; 2003 Act No. 51, Section 8; 2012 Act No. 119, Section 1, eff February 1, 2012.
Effect of Amendment
The 2012 amendment removed former subsection (D), which read: "Law Enforcement Training Council, formerly provided for in Section 23-23-30, et seq.", and renumbered subsection (E) as subsection (D).
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-95. Department of Revenue.

The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Revenue to be initially divided into divisions for Alcohol Beverage Control and Tax; provided, however, that from July 1, 1993, until February 1, 1995, the governing authority of the department shall be the commissioners of the Tax Commission, as constituted June 30, 1993, and thereafter, pursuant to the provisions of Section 12-3-10, et seq.;
(A) Licensing Division of Alcoholic Beverage Control Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Tax Commission, formerly provided for at Section 12-3-10, et seq.
HISTORY: 1993 Act No. 181, Section 1; 1996 Act No. 459, Section 4.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-100. Department of Social Services.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Social Services:
Department of Social Services, formerly provided for at Section 43-1-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-105. Department of Transportation.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, and Finance and Administration; however, the State Highway Commission as constituted on June 30, 1993, under the provisions of Title 56, shall be the governing authority for the department until February 15, 1994, or as soon as its successors are elected or appointed and qualified, whichever is later.
Department of Highways and Public Transportation, except the Motor Vehicle Division, which was established as the Department of Motor Vehicles by Section 56-1-5, and the State Highway Patrol, formerly provided for at Section 56-1-10, et seq.
HISTORY: 1993 Act No. 181, Section 1; 2007 Act No. 114, Section 2, eff June 27, 2007.
Effect of Amendment
The 2007 amendment, in the second undesignated paragraph, added ", which was established as the Department of Motor Vehicles by Section 56-1-5,".
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-110. Repealed.

HISTORY: Former Section, titled Office of the Governor, had the following history: 1993 Act No. 181, Section 1. Repealed by 2014 Act No. 121, Pt V, Section 7.G.1, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-120. State Law Enforcement Division.

Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the State Law Enforcement Division:
(A) Alcoholic Beverage Control Commission enforcement division, formerly provided for at Section 61-1-60, et seq.;
(B) State Law Enforcement Division, formerly provided for at Section 23-3-10, et seq.
HISTORY: 1993 Act No. 181, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 30 - Departments Of State Government › Section 1-30-125. Executive Budget Office.

(A) There is established, within the Department of Administration, the Executive Budget Office which shall support the Office of the Governor by conducting analysis, implementing and monitoring the annual general appropriations act, and evaluating program performance.
(B) The Executive Budget Office shall use the existing resources of the organizations transferred to the Department of Administration including, but not limited to, funding, personnel, equipment, and supplies. Vacant FTEs at the former State Budget and Control Board also may be used to fill needed positions for the office.
HISTORY: 2014 Act No. 121 (S.22), Pt VI, Section 8.I, eff July 1, 2014.
Editor's Note
2014 Act No. 121, Section 2, provides as follows:
"SECTION 2.A. Effective July 1, 2015, the State Budget and Control Board, and its related divisions and offices, is abolished and its functions, powers, duties, responsibilities, and authority, except as otherwise provided by law:
"(1) related to the issuance of bonds and bonding authority, generally found in Title 11 of the 1976 Code but also contained in certain other provisions of South Carolina law are devolved upon the State Fiscal Accountability Authority;
"(2) related to grants, loans, and other forms of financial assistance to other entities, generally found in Title 11 of the 1976 Code but also contained in certain other provisions of South Carolina law, exercised by the former State Budget and Control Board are devolved upon the State Fiscal Accountability Authority; and
"(3) related to executive functions within the former State Budget and Control Board not identified in items (1) or (2) are devolved upon the Department of Administration.
"B. After determining how many vacant FTEs at the State Budget and Control Board shall be used to fill needed positions in the Executive Budget Office as provided in Section 1-30-125, to be done in consultation with the Office of the Governor, the Executive Director of the State Budget and Control Board, upon approval of the board, prior to July 1, 2014, shall eliminate at least sixty vacant FTEs within the board or its divisions, components, or offices prior to the devolvement of specified duties and functions of the board upon the Department of Administration as provided in this act."