reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 17 - Interstate Cooperation › Section 1-17-10. Commission on Interstate Cooperation.

The Commission on Interstate Cooperation shall be composed of fifteen members, namely: The five members of the Committee on Interstate Cooperation of the Senate, the five members of the Committee on Interstate Cooperation of the House of Representatives and five officials of the State government named by the Governor, one of whom shall be designated by him as the chairman of the Commission. The State officials, when so named, shall serve ex officio. The Governor shall be an honorary member of the Commission.
HISTORY: 1962 Code Section 9-101; 1952 Code Section 9-101; 1942 Code Section 3442-14; 1936 (39) 1322.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 17 - Interstate Cooperation › Section 1-17-20. Committee on Interstate Cooperation of Senate.

The standing Committee on Interstate Cooperation of the Senate shall consist of five Senators. The members and chairman of this committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the Senate.
HISTORY: 1962 Code Section 9-102; 1952 Code Section 9-102; 1942 Code Section 3442-12; 1936 (39) 1322; 2019 Act No. 1 (S.2), Section 81, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 81, deleted the third sentence, which related to the Lieutenant Governor serving ex officio as one of the five members of the Committee.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 17 - Interstate Cooperation › Section 1-17-30. Committee on Interstate Cooperation of House of Representatives.

The standing Committee on Interstate Cooperation of the House of Representatives shall consist of five members. The members and chairman of this Committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the House of Representatives.
HISTORY: 1962 Code Section 9-103; 1952 Code Section 9-103; 1942 Code Section 3442-13; 1936 (39) 1322.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 17 - Interstate Cooperation › Section 1-17-40. Terms of members of Commission and Committees.

The standing Committee of the Senate and the standing Committee of the House of Representatives shall function during the regular sessions of the legislature and also during the interim periods between such sessions. Their members shall serve until their successors are designated and they shall respectively constitute the Senate and House councils of the American Legislators' Association for this State. The terms of each administration member of the Commission appointed by the Governor shall extend until the next gubernatorial inauguration and thereafter until his successor is appointed.
HISTORY: 1962 Code Section 9-104; 1952 Code Section 9-104; 1942 Code Section 3442-17; 1936 (39) 1322.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 17 - Interstate Cooperation › Section 1-17-50. Duties of Commission.

The South Carolina Commission on Interstate Cooperation shall encourage and arrange conferences with officials of other states and of other units of government, carry forward the participation of this State as a member of the council of state governments, both regionally and nationally, and formulate proposals for cooperation between this State and other states.
HISTORY: 1962 Code Section 9-105; 1952 Code Section 9-105; 1942 Code Section 3442-11; 1936 (39) 1322.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 17 - Interstate Cooperation › Section 1-17-60. Committees established by Commission to conduct conferences and formulate proposals concerning cooperation; advisory boards.

The Commission shall establish such committees as it deems advisable to conduct conferences and to formulate proposals concerning subjects of intergovernmental cooperation. Subject to the approval of the Commission the members of every such committee shall be appointed by the chairman of the Commission. State officials who are not members of the Commission may be appointed as members of any such committee but at least one member of the Commission shall be a member of every such committee. The Commission may provide such rules as it considers appropriate concerning the membership and functioning of any committee which it establishes. The Commission may provide for advisory boards for itself and for its various committees and for the service of private citizens on such boards.
HISTORY: 1962 Code Section 9-106; 1952 Code Section 9-106; 1942 Code Section 3442-15; 1936 (39) 1322.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 17 - Interstate Cooperation › Section 1-17-70. Reports; compensation and powers of Commission.

The Commission shall report to the Governor and to the legislature within fifteen days after the convening of each regular legislative session and at such other times as it deems appropriate. Its members and the members of all committees which it establishes shall serve without compensation but they shall be paid their necessary expenses in carrying out their obligations under this chapter. The Commission may employ a secretary and a stenographer. It may incur such other expenses as may be necessary for the proper performance of its duties and it may, by contributions to the council of state governments, participate with other states in maintaining said council's regional and central secretariats and its other governmental services.
HISTORY: 1962 Code Section 9-107; 1952 Code Section 9-107; 1942 Code Section 3442-16; 1936 (39) 1322.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 18 - Review Of Occupational Registration & Licensing › Section 1-18-10. Definitions.

(A) "Licensure" means the process by which an agency, board, or commission of the State grants permission to persons meeting predetermined qualifications to have the exclusive use of an occupational title and to engage in an occupation to the exclusion of unlicensed persons.
(B) "Registration" means the process by which an agency, board, or commission identifies and lists those persons who meet predetermined qualifications and who are the only persons permitted to use an occupational title.
(C) "Commission" means the State Reorganization Commission.
HISTORY: 1988 Act No. 572, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 18 - Review Of Occupational Registration & Licensing › Section 1-18-20. Public hearings on whether occupation should be regulated.

Upon the filing of any bill proposing to regulate an occupation not regulated by the State, the subcommittee of the standing committee of the House of Representatives or the Senate to which the bill has been referred may request that the commission conduct the public hearing or that the commission assist the subcommittee in conducting the public hearing. Upon the request of the subcommittee, the commission may hold hearings for the purpose of determining whether or not occupations not regulated by the State should be regulated.
HISTORY: 1988 Act No. 572, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 18 - Review Of Occupational Registration & Licensing › Section 1-18-30. Notice of hearings; review panel; report of commission.

When requested by the subcommittee, the commission shall provide notice of the hearings to the public and to any organizations or state agencies or boards whose members could reasonably be expected to be affected by any proposed regulation or changes in regulation. In addition, the commission may solicit the participation, as part of the review panel, of representatives of state agencies currently authorized to regulate a profession related to that under review. The subcommittee, as referred to in Section 1-18-70, shall sit in conjunction with the commission at the hearings. Upon receipt of testimony at the hearing, and pursuant to any other research or inquiries it considers appropriate, the commission shall report its findings and conclusions to the subcommittee of the Senate and the House, as referred to in Section 1-18-70.
HISTORY: 1988 Act No. 572, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 18 - Review Of Occupational Registration & Licensing › Section 1-18-40. Factors to be considered in evaluating whether occupation should be regulated; limits on recommendation to regulate.

In evaluating whether an occupation should be regulated, the commission shall consider whether:
(1) the unregulated practice of an occupation presents a clear and recognizable danger to the health, safety, or welfare of the public;
(2) the practice of the occupation requires such a specialized skill that the public is not qualified to select a competent practitioner without assurances that he has met minimum qualifications;
(3) the public is or may be effectively protected by other means, such as academic credentials, certification by a nongovernmental entity, or membership in occupational associations;
(4) current laws are ineffective or inadequate to protect the public health, safety, and welfare and whether strengthening the laws would not provide adequate protection to the public;
(5) the practitioner performs a service for others which would qualify for payment of part or all of those services by a third party if the practitioners were to be regulated by the State;
(6) regulation will increase the cost of goods;
(7) regulation will increase or decrease the availability of services to the public;
(8) regulation will assure the competency of practitioners of the occupation;
(9) regulation can be provided through an existing agency or under supervision of presently licensed practitioners.
In determining any recommendation for regulation of an occupation, the commission shall recommend the least extensive and restrictive form of regulation consistent with the public interest. The commission may not recommend any regulation unless necessary to protect the health, safety, or welfare of the public.
HISTORY: 1988 Act No. 572, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 18 - Review Of Occupational Registration & Licensing › Section 1-18-50. Degrees of regulation of occupation; limits on recommendation of regulation by licensure.

(A) If the commission determines that existing remedies do not adequately protect the public health, safety, or welfare, it shall consider the following degrees of regulation of the practice of that occupation in the following order:
(1) statutory change to provide for civil causes of action or criminal penalties;
(2) inspection of a practitioner's premises and activities and authorization of an appropriate state board, agency, or commission to enjoin an activity which is detrimental to the public health, safety, or welfare;
(3) listing of a practitioner's location, nature, and operation of practice;
(4) registration as defined in this chapter;
(5) licensure as defined in this chapter.
(B) Licensure must be recommended only where the commission determines that registration or other means of regulation is not adequate to protect the health, safety, or welfare of the public. The commission may recommend one or more means of regulation or statutory change, whether or not it is included in subsection (A) of this section.
HISTORY: 1988 Act No. 572, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 18 - Review Of Occupational Registration & Licensing › Section 1-18-60. Recommendations to General Assembly.

In making its recommendations to the General Assembly, the commission may recommend that no regulation be created, that regulations be assigned to an existing board, agency, or commission, or that a new board be established. If registration or licensure is recommended, the commission shall recommend what qualifications are specified for the registration or licensure and describe the activities that may be engaged in by persons pursuing the occupation.
HISTORY: 1988 Act No. 572, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 18 - Review Of Occupational Registration & Licensing › Section 1-18-70. Recommendations to be based on evidence; recommendations to be in writing; persons who are to receive copy of recommendations.

All recommendations formulated by the commission must be based upon evidence gathered by the commission in public hearings from testimony submitted orally or in writing by interested parties including the commission and upon evidence compiled by the commission in studies conducted by the commission. The recommendations of the commission must be made in writing and delivered to the chairman of the subcommittee of the standing committee of the House or the Senate to which a bill proposing to regulate an occupation has been referred. Copies of the commission's recommendations must also be delivered to the President of the Senate, the Speaker of the House of Representatives, and the Governor. Copies of the commission's recommendations must be mailed to any person who has made a request concerning occupational regulation that was considered by the commission. If the commission recommends no changes with respect to the regulation of an occupation, then the commission shall notify by mail any person who has requested that regulations or changes be recommended.
HISTORY: 1988 Act No. 572, Section 1; 2019 Act No. 1 (S.2), Section 6, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 6, in the third sentence, substituted "President of the Senate" for "President Pro Tempore of the Senate", and in the fifth sentence, made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 21 - Uniformity Of Legislation › Section 1-21-10. Board of Commissioners for Promotion of Uniformity of Legislation in the United States.

The Governor shall appoint three suitable persons who, with their successors, shall constitute a "Board of Commissioners for the Promotion of Uniformity of Legislation in the United States." Any vacancy in the Board shall be filled by the appointment by the Governor of a suitable person.
HISTORY: 1962 Code Section 9-401; 1952 Code Section 9-401; 1942 Code Section 3440; 1932 Code Section 3440; Civ. C. '22 Section 1049; Civ. C. '12 Section 926; 1909 (26) 127.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 21 - Uniformity Of Legislation › Section 1-21-20. Duty of Board.

The Board shall:
(1) Examine the subjects of insolvency, the descent and distribution of property, the execution and probate of wills and other subjects upon which uniformity of legislation in the various states and territories of the union is desirable but which are outside the jurisdiction of the Congress of the United States;
(2) Confer upon these matters with the commissioners appointed by other states and territories for the same purpose;
(3) Consider and draft uniform laws to be submitted for approval and adoption of the several states; and
(4) Generally devise and recommend such other or further course of action as shall accomplish the purposes of this chapter.
HISTORY: 1962 Code Section 9-402; 1952 Code Section 9-402; 1942 Code Section 3441; 1932 Code Section 3441; Civ. C. '22 Section 1050; Civ. C. '12 Section 927; 1909 (26) 127.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 21 - Uniformity Of Legislation › Section 1-21-30. Record; annual report.

The Board shall keep a record of all its transactions and shall at each regular session of the legislature in each year, and may at any other time, make a report of its doings and of its recommendations to the General Assembly.
HISTORY: 1962 Code Section 9-403; 1952 Code Section 9-403; 1942 Code Section 3442; 1932 Code Section 3442; Civ. C. '22 Section 1051; Civ. C. '12 Section 928; 1909 (26) 127.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-20. Custody, printing and distribution of documents charged to Legislative Council; establishment of State Register.

The Legislative Council is charged with the custody, printing and distribution of the documents required or authorized to be published in this article and with the responsibility for incorporating them into a State Register. Such Register shall include proposed as well as finally adopted documents required to be filed with the Council; provided, however, that publication of a synopsis of the contents of proposed regulations meets the requirements of this section. Additions to the State Register shall be published by the Legislative Council at least once every thirty days.
HISTORY: 1977 Act No. 176, Art. I, Section 2.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-30. Filing of documents with Legislative Council; public inspection; distribution.

The original and either two additional originals or two certified copies of each document authorized or required to be published in the State Register by this article shall be filed with the Legislative Council by the agency by which it is promulgated. Filing may be accomplished at all times when the Council office is open for official business.
The Council shall note upon each document filed the date and hour of filing and shall as soon as practicable publish such document in the State Register. Copies of all documents filed shall be available at the Council office for public inspection during office hours.
The Council shall transmit to the Clerk of Court of each county a copy of the State Register and all additions thereto when published. Clerks of Court shall maintain their copies of the Register in current form and provide for public inspection thereof. The Council shall transmit one original or certified copy of each document filed with the Council to the Department of Archives and History which shall be made available for public inspection in the office of the department.
HISTORY: 1977 Act No. 176, Art. I, 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 1-23-40. Documents required to be filed and published in State Register.

There shall be filed with the Legislative Council and published in the State Register:
(1) All regulations promulgated or proposed to be promulgated by state agencies which have general public applicability and legal effect, including all of those which include penalty provisions. Provided, however, that the text of regulations as finally promulgated by an agency shall not be published in the State Register until such regulations have been approved by the General Assembly in accordance with Section 1-23-120.
(2) Any other documents, upon agency request in writing. Comments and news items of any nature shall not be published in the Register.
HISTORY: 1977 Act No. 176, Art. I, 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 1-23-50. Legislative Council to establish procedures.

The Legislative Council shall establish procedures for carrying out the provisions of this article relating to the State Register and the form and filing of regulations. These procedures may provide among other things:
(1) The manner of certification of copies required to be filed under Section 1-23-40;
(2) The manner and form in which the documents or regulations shall be printed, reprinted, compiled, indexed, bound and distributed, including the compilation of the State Register ;
(3) The number of copies of the documents, regulations or compilations thereof, which shall be printed and compiled, the number which shall be distributed without charge to members of the General Assembly, officers and employees of the State or state agencies for official use and the number which shall be available for distribution to the public;
(4) The prices to be charged for individual copies of documents or regulations and subscriptions to the compilations and reprints and bound volumes of them.
HISTORY: 1977 Act No. 176, Art. I, Section 5; 1979 Act No. 188, Section 2.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-60. Effect of filing and of publication of documents and regulations; rebuttable presumption of compliance; judicial notice of contents.

A document or regulation required by this article to be filed with the Legislative Council shall not be valid against a person who has not had actual knowledge of it until the document or regulation has been filed with the office of the Legislative Council, printed in the State Register and made available for public inspection as provided by this article. Unless otherwise specifically provided by statute, filing and publication of a document or regulation in the State Register as required or authorized by this article is sufficient to give notice of the contents of the document or regulation to a person subject to or affected by it. The publication of a document filed in the office of the Legislative Council creates a rebuttable presumption:
(1) That it was duly issued, prescribed or promulgated subject to further action required under this article;
(2) That it was filed and made available for public inspection at the day and hour stated in the printed notation thereon required under Section 1-23-30;
(3) That the copy on file in the Legislative Council is a true copy of the original;
The contents of filed documents shall be judicially noticed and, without prejudice to any other mode of citation, may be cited by volume and page number or the numerical designation assigned to it by the Legislative Council.
HISTORY: 1977 Act No. 176, Art. I, Section 6.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-70. Duty of Attorney General.

The Attorney General shall be responsible for the interpretation of this article and for the compliance by agencies required to file documents with the Legislative Council under the provisions of this article and shall upon request advise such agencies of necessary procedures to insure compliance therewith.
HISTORY: 1977 Act No. 176, Art. I, Section 7.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-80. Costs incurred and revenues collected by Legislative Council.

The cost of printing, reprinting, wrapping, binding and distributing the documents, regulations or compilations thereof, including the State Register, and other expenses incurred by the Legislative Council in carrying out the duties placed upon it by this article shall be funded by the appropriations to the council in the annual state general appropriations act. All revenue derived from the sale of the documents and regulations shall be deposited in the general fund of the State.
HISTORY: 1977 Act No. 176, Art. I, Section 8.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-90. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-100. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-126. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-130. 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).
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-140. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-150. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-160. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-300. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-310. 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".
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-330. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-340. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-350. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-360. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-370. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-390. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-400. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-500. 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.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases › Section 1-23-505. 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.