reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 108 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOIL CLASSIFIERS ADVISORY COUNCIL › Section 108-8 - Code of Ethics

Current through Register Vol. 48, No. 6, June 28, 2024
A. Relation of Professional to the Public
1. A licensee shall avoid and discourage sensational, exaggerated, and/or unwarranted statements that might induce participation in unsound enterprises.
2. A licensee shall not give professional opinion or make a recommendation without being as thoroughly informed as might reasonably be expected considering the purpose for which the opinion or recommendation is desired, and the degree of completeness of information upon which the opinion is based should be made clear.
3. A licensee shall not issue a false statement or false information even though directed to do so by employer or client.
South Carolina Code of Regulations › Chapter 110 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF SOCIAL WORK EXAMINERS › Article 1 - CONTINUING EDUCATION › Section 110-1 - Continuing Education Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Board recognizes that social work is a practice of a profession which must conform to the public's expectation of professional competency. It further recognizes that structured programs of continuing education will provide licensees with opportunities for maintaining and improving competency as well as the satisfaction of new professional development.
B. As a pre-requisite for biennial renewal of the practitioner's license, the licensee must complete a minimum of 40 contact hours of accepted professional continuing education per renewal period. This requirement becomes effective during the one-year period following the January 1, 1990, license renewal date, and during each year thereafter.
C. The general guidelines for completing forty (40) contact hours of instruction are:
(1) Accepted instruction will be those courses, conferences, seminars, etc., as approved by the Board pursuant to subsection D below.
(2) Only student class hours or the equivalent will be counted as credit.
(3) As a lecturer or discussion leader for materials directly related to the profession of social work, you may receive two hours per hour of presentation time to account for presentation and development of materials. Licensees may not receive credit for teaching the same course more than once per renewal period.
(4) Except in unusual circumstances, credits will not be given for repeating an instructional course.
South Carolina Code of Regulations › Chapter 110 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF SOCIAL WORK EXAMINERS › Article 1 - CONTINUING EDUCATION › Section 110-10 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
The
				Board sets, determines, establishes, prescribes, and levies fees for license
				applications, examinations (which do not include any fees paid to any
				organization other than the Board administering any examination required by the
				Board), temporary licenses, license renewals, license reinstatements, annual
				licenses, and review of continuing education submissions in such amounts as are
				estimated to generate the minimum percentage of the anticipated appropriation
				or expenditures of the Board for the coming fiscal year required by applicable
				South Carolina law, including appropriations acts.
South Carolina Code of Regulations › Chapter 110 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF SOCIAL WORK EXAMINERS › Article 1 - CONTINUING EDUCATION › Section 110-30 - The Practice of Masters Social Work in a Supervised Clinical or Advanced Practice Setting

Current through Register Vol. 48, No. 6, June 28, 2024
Per S.C. Code Section 40-63-20(26), a Licensed Master Social Worker (LMSW) may engage in supervised clinical or advanced practice in social, medical, or governmental agencies.
A. Definitions:
(1) Governmental Agency is defined as an organization or entity established by federal, state or local government.
(2) Medical Agency is defined as an organization, entity, or practice that provides health care, including mental health services, to the public and to the community, including but not limited to hospitals, clinics, doctor's offices and hospice.
(3) Social Agency is defined as an organization, entity or practice that may or may not be funded all or in part by public funding, donations, grants or the like, that provides health, welfare, rehabilitative or other social services to the public and to the community and may bill a client or a third party for the provision of those services. A social agency may also provide these services without regard to the client's ability to pay.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 1 - GENERAL PROVISIONS › Section 111-10 - Authorization of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
A. Section
				58-27-2660,
				Code of Laws of South Carolina, 2019, provides:
1. "The Office of Regulatory Staff and the
				Department of Consumer Affairs are directed to develop consumer protection
				regulations regarding the sale or lease of renewable energy generation
				facilities pursuant to the distributed energy resource program in Chapter 40 of
				this title. These regulations shall provide for the appropriate disclosure
				provided by sellers and lessors. Sellers must comply with Title 37. Nothing
				herein alters existing protections afforded by Title 37."; and
2. "The Office of Regulatory Staff is
				authorized to enforce any applicable consumer protection provision set forth in
				this title."
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 1 - GENERAL PROVISIONS › Section 111-11 - Application of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Jurisdiction. These rules shall apply to any person, firm, partnership,
				association, establishment or corporation (except any other exempt by South
				Carolina statutes), which is now or may hereafter become engaged as a Lessor of
				a renewable energy facility within the State of South Carolina pursuant to
				Title 58, Article 23 except where specifically exempt by statute.
B. Purpose. The rules are intended to define
				good practice. They are intended to insure adequate and reasonable consumer
				protections. The Lessor shall assist ORS in the implementation of these rules
				and regulations.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 1 - GENERAL PROVISIONS › Section 111-12 - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
If any provision, or the application of any provision, of
				  this Article is determined to be invalid, null, or void, such determination
				  shall not affect or invalidate any other provision, or the application of any
				  other provision, of this Article, and to this end, the provisions or the
				  application of any of the provisions of this Article shall be deemed
				  severable.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 1 - GENERAL PROVISIONS › Section 111-13 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The following words and terms, when used in these rules and
				  regulations, shall have the meaning indicated below.
A. Customer. "Customer" means the person who
				is named on the retail electric provider's bill for the premises.
B. Lease Agreement. "Lease Agreement" means
				an agreement between a Customer and Lessor for the exclusive rights to use a
				renewable energy facility for a specified period of time in exchange for
				payment.
C. Lessee. "Lessee" means
				a customer subject to a Lease Agreement with a Lessor for the use of a
				renewable energy facility.
D.
				Lessor. "Lessor" means an entity that owns a renewable energy facility subject
				to any Lease Agreement.
E.
				Certificate. "Certificate" means the certificate of fit, willing, and able
				authorized to be issued under provisions of Title 58, Chapter 27, Article 23.
				Certificates shall be required of all entities operating as Lessors of
				renewable energy facilities within the State of South Carolina.
F. ORS. "ORS" means the South Carolina Office
				of Regulatory Staff.
G. Renewable
				energy facility. "Renewable energy facility" means any facility for the
				production of electrical energy that utilizes a renewable generation resource
				such as solar photovoltaic and solar thermal resources, wind resources,
				low-impact hydroelectric resources, geothermal resources, tidal and wave energy
				resources, recycling resources, hydrogen fuel derived from renewable resources,
				combined heat and power derived from renewable resources, and biomass
				resources.
H. Retail Electric
				Provider. "Retail Electric Provider" means an electrical utility as defined in
				Section
				58-27-10
				and also means other entities that provide retail electric service in South
				Carolina, but excluding electric cooperatives organized under the laws of a
				state other than South Carolina.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 2 - APPLICATION FOR CERTIFICATE › Section 111-20 - Application Required for Certificate

Current through Register Vol. 48, No. 6, June 28, 2024
Any person, entity, business, or corporation desiring to
				  operate in this State as a Lessor first shall file an application for a
				  Certificate with ORS on forms to be furnished by ORS. All required information
				  on the application forms must be correctly completed before filing of such
				  application will be accepted.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 2 - APPLICATION FOR CERTIFICATE › Section 111-21 - Processing of Application

Current through Register Vol. 48, No. 6, June 28, 2024
Without good cause shown, any application for a Certificate
				  submitted to ORS not in compliance with ORS's instructions, and any
				  deficiencies thereof not corrected by the applicant within 90 days of
				  submittal, may be rejected.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 3 - OPERATIONS OF LESSORS › Section 111-30 - Authority to Operate

Current through Register Vol. 48, No. 6, June 28, 2024
A. A Lessor may
				not market, sell, construct, or otherwise conduct business in the State of
				South Carolina prior to receiving a Certificate issued by ORS.
B. An entity that owns a renewable energy
				facility subject to any Lease Agreement entered into outside of Title 58,
				Chapter 27, Article 23 and these regulations shall be considered an "electrical
				utility" under Section
				58-27-10
				and therefore subject to applicable federal and state laws and regulations, and
				the rules and regulations of the Public Service Commission of South
				Carolina.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 3 - OPERATIONS OF LESSORS › Section 111-31 - Operations of Lessors

Current through Register Vol. 48, No. 6, June 28, 2024
A. Lessors must
				conduct business in compliance with all applicable rules and regulations
				regarding installations, safety, interconnection, licensure, bonding, and
				insurance.
B. Lessors must require
				all personnel performing installation of renewable energy facilities to
				maintain bonding, liability insurance and worker's compensation insurance that
				meets applicable federal and state laws.
C. Lessors must require renewable energy
				facilities to meet the specifications of county and municipal
				permits.
D. Lessor Prohibitions.
1. Customer payments to a Lessor under a
				Lease Agreement shall be for the lease of a renewable energy facility only.
a. Lease payments must not be calculated upon
				metered output.
b. Energy generated
				by the Lessee's renewable energy facility must not be sold by the Lessee or
				Lessor to any customer of any retail electric provider.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 3 - OPERATIONS OF LESSORS › Section 111-32 - Requirements for Lease Agreements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Lease
				Agreements must contain provisions as required by Title 37 and applicable
				regulations, Title 58, Chapter 27, Article 23 and these regulations.
B. In addition to the requirements contained
				in Title 37 and applicable regulations, the Lease Agreements and appropriate
				disclosures shall include the following provisions:
1. Lease Agreements shall include:
a. Prominent display of the Certificate
				number issued by ORS.
b. ORS phone
				number and e-mail address for Consumer Complaints including the statement in
				bold 12-point font 'If you are unable to resolve your complaint with the
				Lessor, you have the right to contact the South Carolina Office of Regulatory
				Staff.'
c. A copy of any warranties
				for renewable energy facilities.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 3 - OPERATIONS OF LESSORS › Section 111-33 - Requirements for Consumer Protection and Education

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to the requirements contained in Title 37 and
				  applicable regulations, all Lessor marketing materials for use in the state of
				  South Carolina, regardless of medium or channel such as printed, mailed,
				  emailed, accessible via social media or website, and which promote specific
				  leasing products or payment plans shall include:
A. The Certificate number issued by
				ORS;
B. The State Energy Office's
				solar consumer information website address; and
C. ORS telephone number and e-mail address
				for Customer Complaints.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 4 - RECORDS AND REPORTS › Section 111-40 - Retention of Records

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to the recordkeeping requirements of Title 37 and
				  applicable regulations, Lessor shall maintain the following records:
A. All documents provided to a potential
				customer prior to execution of a Lease Agreement, including but not limited to,
				marketing materials, diagrams of proposed renewable energy facility design,
				estimates of potential savings and benefits, information pertinent to the
				interconnecting utility, and estimates of cost and Lease Agreement
				payments.
B. All documents provided
				to, obtained from, or executed on behalf of Lessee including, but not limited
				to:
1. Affirmative acknowledgement and consent
				to receive documents electronically, and tracking information of paper or
				electronic transmittal of Lease Agreements to Lessees;
2. Change orders to existing Lease
				Agreements, transfers of Lease Agreements, and any other documents relating to
				Lessor business transactions with Lessee regarding the Lease Agreement;
				and
3. Records of retail electric
				provider interconnection applications, approvals, and communications to and
				from the retail electric provider on behalf of the Lessee to construct and
				safely interconnect the renewable energy facility.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 4 - RECORDS AND REPORTS › Section 111-41 - Data to be Filed with ORS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Lessors must
				file with ORS a Monthly Report of installed leased facility equipment as
				required by Title 58, Chapter 27, Article 23.
B. The Lessor shall annually, on or before
				April 1, on a form provided by ORS, file the name, title, address, and
				telephone number of the person who should be contacted in connection with:
1. General management duties;
2. Customer relations;
3. Engineering operations; and
4. Emergencies during non-office
				hours.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 4 - RECORDS AND REPORTS › Section 111-42 - Inspections and Tests

Current through Register Vol. 48, No. 6, June 28, 2024
When requested by ORS, Lessor or representative of Lessor,
				  shall be present to test or confirm energy production by the renewable energy
				  facility.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 5 - INVESTIGATION OF ALLEGED VIOLATIONS › Section 111-50 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Violations. It
				shall be considered a violation of law for an entity to engage in any practice
				or action in marketing, or leasing renewable energy facilities contrary to the
				requirements set forth in Title 37 and applicable regulations, Title 58,
				Chapter 27 and applicable regulations, Title 58, Chapter 40, and these
				regulations.
B. ORS is authorized
				to enforce against any entity that owns a renewable energy facility installed
				on a customer's premise, for the customer's use, and leased to the customer,
				the requirements of Title 37 and applicable regulations, Title 58, Chapter 27,
				Article 23, Title 58, Chapter 40 as applicable, and these
				regulations.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 5 - INVESTIGATION OF ALLEGED VIOLATIONS › Section 111-51 - Customer Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Complaints concerning the charges, practices, renewable energy facilities or
				service of a Lessor shall be investigated promptly, thoroughly, and
				professionally by Lessor.
B. If the
				customer is not satisfied with the Lessor's actions to remedy the complaint,
				the customer may request an investigation of the matter by ORS. The Lessor
				shall notify the Customer of their right to file a request for investigation at
				ORS.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 5 - INVESTIGATION OF ALLEGED VIOLATIONS › Section 111-52 - Investigation of Alleged Violations

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				ORS may investigate an alleged violation or refer the customer to the
				appropriate state agency to resolve the customer's complaint. ORS may notify
				the customer of its decision to investigate or refer the customer to the
				appropriate state agency.
B. ORS may
				request information and documents during the course of an
				investigation.
C. ORS will notify
				the Lessor at the commencement of an investigation. The Lessor must provide the
				following:
1. Acknowledgement of receipt of
				the complaint in writing within one (1) business day.
2. A response to ORS no less than seven (7)
				business days from date of notification of the complaint.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 5 - INVESTIGATION OF ALLEGED VIOLATIONS › Section 111-53 - Notice of Violation

Current through Register Vol. 48, No. 6, June 28, 2024
ORS may issue a Notice of Violation. Such notice may present
				  the results of ORS's investigation and any recommendations to remedy
				  deficiencies and/or establish fines.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 5 - INVESTIGATION OF ALLEGED VIOLATIONS › Section 111-54 - Response to Notice of Violation

Current through Register Vol. 48, No. 6, June 28, 2024
Lessor has twenty (20) days to respond to ORS Notice of
				  Violation. The Response shall contain the Lessor's response to each finding
				  presented in the Notice of Violation. It shall also contain the Lessor's
				  response to ORS's recommendations for remediation or penalty. Such response
				  must be provided under oath.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 5 - INVESTIGATION OF ALLEGED VIOLATIONS › Section 111-55 - Decision

Current through Register Vol. 48, No. 6, June 28, 2024
A. ORS shall issue
				a decision on the Notice of Violation and Lessor's response in a timely manner.
				ORS may request additional information from the Lessor as necessary to render a
				decision.
B. ORS will provide a
				copy of the decision to the affected customer, the Lessor, and any other state
				agency or party involved in the investigation or remedy of the alleged
				violation. The decision will be considered the Final Decision after twenty-five
				(25) days from the date the decision is rendered by ORS, unless a timely
				Request for Review of Decision is filed pursuant to 111-56.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 5 - INVESTIGATION OF ALLEGED VIOLATIONS › Section 111-56 - Request for Review of Decision

Current through Register Vol. 48, No. 6, June 28, 2024
A. Effect
				of Filing a Review. Filing a Request for Review of Decision shall not excuse or
				delay the Lessor's compliance with a Decision issued by ORS, unless
				specifically provided by ORS.
B.
				Submit Request. A Lessor may submit a Request for Review of Decision to ORS
				within twenty-five (25) days after the issuance of ORS's Decision.
C. Timeframe for Final Decision tolled. The
				timeline provided in 111-56 (B) will be tolled upon the filing of a Request for
				Review of Decision.
D. Review.
				During the Review of Decision, ORS may request additional information from the
				Lessor. ORS will issue its Final Decision on the matter in a timely
				manner.
E. Unless otherwise
				provided by law, no cause of action shall accrue in any court of competent
				jurisdiction to vacate or set aside any decision of ORS, either in whole or in
				part, unless a Request for Review of Decision and proof of service are filed
				with ORS, and a Final Decision has been issued disposing of the
				matter.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 5 - INVESTIGATION OF ALLEGED VIOLATIONS › Section 111-58 - Cooperation with Other Agencies

Current through Register Vol. 48, No. 6, June 28, 2024
In addition to the powers and responsibilities relating to
				  consumer protection, ORS will cooperate with and assist all federal, state, and
				  local agencies performing consumer protection functions in carrying out their
				  legal enforcement responsibilities for the protection of consumers.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 6 - PENALTIES AND FINES › Section 111-60 - Penalty

Current through Register Vol. 48, No. 6, June 28, 2024
Subsequent to the conclusion of an investigation by ORS and
				  upon being found non-compliant with applicable regulations and statute, ORS may
				  issue a penalty according to the provisions in these
				  regulations.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 6 - PENALTIES AND FINES › Section 111-61 - Violations of Time Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
ORS may specify the time within which a violation is required
				  to be corrected. When a specific time is designated for correction, each day
				  such violation exists after expiration of the time established by ORS shall be
				  considered a subsequent violation.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 6 - PENALTIES AND FINES › Section 111-62 - Voiding of Lease Agreement

Current through Register Vol. 48, No. 6, June 28, 2024
ORS may void a Lease Agreement between a Lessor and Lessee
				  when:
A. The Lease Agreement executed
				does not meet the requirements for Lessor certification in these
				regulations.
B. The Lessor fails to
				provide a copy of an executed Lease Agreement to the Lessee within the
				timeframes and methods as described in these Regulations.
C. The Lessor fails to cancel a Lease
				Agreement upon written request of a Lessee that occurs within the right of
				rescission period.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 6 - PENALTIES AND FINES › Section 111-63 - Monetary Fines and Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Administrative Fine. An entity may be assessed an administrative fine. The
				administrative fine may not exceed two thousand five hundred dollars per
				violation.
B. Civil Penalty levied
				against Lessors. An entity that is subject to S.C. Code Ann. §
									58-27-2620(A)
				may be fined a civil penalty of not more than ten thousand dollars per
				occurrence of the following violations:
1.
				Operating without Certificate. An entity that solicits business as a Lessor of
				renewable energy facilities without a valid certificate issued by ORS, or that
				otherwise violates the terms of Chapter 58, Article 23;
2. Unfair or Deceptive Marketing Practices. A
				Lessor that engages in unfair or deceptive marketing practices in the leasing
				of renewable energy facilities.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 6 - PENALTIES AND FINES › Section 111-64 - Suspension of Operations

Current through Register Vol. 48, No. 6, June 28, 2024
ORS may suspend the certificate and require the Lessor to
				  immediately cease and desist from engaging in business as a Lessor in this
				  State until the violation is resolved.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 6 - PENALTIES AND FINES › Section 111-65 - Revocation of Certificate

Current through Register Vol. 48, No. 6, June 28, 2024
ORS may petition the Administrative Law Court to revoke a
				  Certificate issued pursuant to S.C. Code Ann. 58-27-2600
et
				  seq.
South Carolina Code of Regulations › Chapter 111 - PUBLIC SERVICE COMMISSION › Article - LESSORS OF RENEWABLE ENERGY FACILITIES › Subarticle 6 - PENALTIES AND FINES › Section 111-66 - Cumulative Regulation

Current through Register Vol. 48, No. 6, June 28, 2024
The provisions of Subarticle 6 of this regulation are
				  cumulative of and in addition to any other action at law and any other action
				  taken by ORS pursuant to Title 58.
South Carolina Code of Regulations › Chapter 112 - STATE REORGANIZATION COMMISSION › Section 112-100 - Operations Manual of the South Carolina Human Services Demonstration Project

Current through Register Vol. 48, No. 6, June 28, 2024
The Operations Manual of the South Carolina Human Services Demonstration Project (York) is hereby adopted as the official guide for the operation of the York Project. Copies of the complete text of the manual are available for public inspection during regular office hours at the office of the Legislative Council in the State House and at the office of the State Reorganization Commission, Room 228, Solomon Blatt Building, 1105 Pendleton Street, Columbia, South Carolina.
Statutory Authority: 1976 Code Sections 1-25-10 to 1-25-120
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-300 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "ACH" (automated
			 clearing house) means a network processing and delivery system that provides
			 for the distribution and settlement of electronic credits and debits among
			 financial institutions.
B.
			 "Authentication" means the act of tying an action or result to the person
			 claiming to have performed the action. Authentication generally requires a
			 password or encryption key to perform, and the process will fail if the
			 password or key is incorrect.
C.
			 "Authorized filer" means a party who has entered into a MOU with a register
			 pursuant to the regulations herein.
D. "Digital electronic document" means an
			 instrument containing information that is created, generated, sent,
			 communicated, received, or stored by electronic means, but not created in
			 original paper form.
E. "Digitized
			 electronic document" means a scanned image of the original document.
F. "Document" means recorded information
			 regardless of medium or characteristics that is:
(1) inscribed on a tangible medium or that is
			 stored in an electronic or other medium and that is retrievable in perceivable
			 form; and
(2) eligible to be
			 recorded in the real property records maintained by a register.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-305 - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
In accordance with the provisions of the Uniform Real Property
				Electronic Recording Act, the URPERA Committee adopted the electronic recording
				standards issued by PRIA as the foundation for the standards promulgated as
				rule under Regulations
				113-300 to
				113-400.
A. A register may accept
			 instruments for filing and recording electronically in accordance with the
			 requirements of the Uniform Real Property Electronic Recording Act pursuant to
			 S.C. Code Sections
			 30-6-10 et
			 seq.
B. Any real property record
			 created by electronic recording means shall meet established records management
			 standards for electronic records and record retention requirements identified
			 in the local government records retention and disposition schedule for
			 registers.
C. A participating
			 register shall retain control and ownership of the electronic records created
			 or received by the office of the register and shall be responsible for their
			 maintenance as public records.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-320 - Document and System Security Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Security procedures shall be implemented to ensure the
				authenticity and integrity of the electronically filed instrument, including
				the ability to verify the identity of the filer, as well as the ability to
				verify that an instrument has not been altered since it was transmitted or
				filed. In order to protect the integrity of instruments to be recorded
				electronically, a participating register and authorized filers shall meet the
				security procedure requirements set forth below.
A. An electronic recording delivery system
			 implemented by a register shall provide a secure method for accepting and
			 recording digital or digitized electronic instruments. The system shall not
			 permit an authorized filer or its employees and agents, or any third party, to
			 modify, manipulate, insert or delete information in the public record
			 maintained by the register, or information in electronic records submitted
			 pursuant to Regulation Regulation
			 113-300 to 113-400.
			 Security standards implemented by registers shall accommodate electronic
			 signatures and notarization of documents in a manner that complies with S.C.
			 Code Section
			 30-6-10 et
			 seq. and that address the following encryption requirements. The electronic
			 recording delivery system shall:
(1) support,
			 at a minimum, 128-bit file and image encryption over a secure
			 network;
(2) provide for periodic
			 updates to encryption by the electronic recording delivery system
			 vendor;
(3) advise the authorized
			 filer of its liabilities and responsibilities for keeping its keys
			 secure;
(4) provide a secure key
			 management system for the administration and distribution of cryptographic
			 keys; and
(5) require all
			 encryption keys to be generated through an approved encryption package and
			 securely stored.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-325 - Electronic Transmissions

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Instruments shall be transmitted through either a secured website or an
			 electronic recording delivery system. The method of transmission shall be
			 identified in the MOU signed by the authorized filer and the
			 register.
B. An authorized filer
			 shall visually inspect each instrument prior to transmitting to ensure
			 compliance with existing statutory recording requirements and the regulations
			 herein.
C. Information contained in
			 the transmittal sheet may be received in XML format as permitted by the
			 register.
D. The register may post
			 guidelines to assist customers submitting documents
			 electronically.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-330 - Electronic Recording Process Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. An MOU between a participating register
			 and an authorized filer shall include information required by the participating
			 register in order to provide electronic notice of confirmation or rejection of
			 an electronic filing and subsequent recording, or if such electronic notice is
			 not possible, by telephone or facsimile. The MOU shall address the requirements
			 outlined in the regulations herein.
B. When a participating register provides
			 acknowledgment of receipt of an instrument filed electronically, the instrument
			 shall be considered to have been filed in compliance with the applicable
			 regulations and laws relating to filing of an instrument with the
			 register.
C. A notice of
			 confirmation of recording or a notice of rejection for recording shall be
			 provided by a participating register to an authorized filer no later than the
			 first business day after the instrument is filed electronically.
(1) A notice of confirmation shall include
			 recording information for the instrument accepted for recording and shall
			 identify the instrument accepted for recording, as provided in the
			 agreement.
(2) A notice of
			 rejection shall include a brief explanation of the reason or reasons for
			 rejection and shall identify the instrument rejected for recording, as provided
			 in the agreement.
(3) If a
			 participating register complies with the notice provisions of the agreement,
			 the failure of an authorized filer to receive notice of confirmation or
			 rejection of filing and subsequent recording shall not affect the validity of
			 the confirmation or rejection.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-335 - Document Formats

Current through Register Vol. 48, No. 6, June 28, 2024
A. Authorized
			 filers may elect to transmit either a digitized (scanned) electronic document
			 of an original ink signed instrument or an electronic document electronically
			 signed and notarized along with electronic indexing information to the
			 register.
B. Digitized (scanned)
			 electronic documents shall meet the following specifications:
(1) provide fidelity to the original
			 appearance of any instrument at the time such instrument was first created,
			 whether by electronic or other means;
(2) retain the original content;
(3) be scanned at a minimum of 300
			 dpi;
(4) e scanned in TIFF or PDF/A
			 formats;
(5) e scanned in portrait
			 mode;
(6) shall capture document
			 images in any multi-page storage format as specified by the register;
			 and
(7) shall be legible to enable
			 reproduction onto microfilm or microfiche to meet regulation
			 requirements.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-340 - Document and Indexing Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Electronic recording delivery systems implemented by registers
				shall have the capacity at a minimum to process documents that are compatible
				with indexing requirements established by PRIA for file formatting and
				indexing.
A. The PRIA eRecording XML
			 Standard v2.4.1 is adopted by reference. The most current version of the PRIA
			 indexing and document format standards may be found at the PRIA website at
http://pria.us/
B. Indexing fields for each document code
			 shall require the minimum index fields listed below:
(1) grantor(s) or equivalent grantee(s) or
			 equivalent;
(2) document type
			 recording fee related (original document number, in the case of releases,
			 assignment, amendments, etc.);
(3)
			 legal description fields as specified by county;
(4) standard PRIA tags defined for these
			 fields must be used.
http://pria.us/
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-345 - Payment of Filing Fees

Current through Register Vol. 48, No. 6, June 28, 2024
Payment of recording fees shall be collected by a register as
				prescribed by statute. The register shall provide an electronic or other
				written receipt to the authorized filer indicating that the payment for the
				recordation of the electronic instrument has been received and processed by the
				register. The electronic recording delivery system may generate an automated
				electronic report which complies with this requirement. The register shall
				provide authorized filers with a list of payment methods which may be used for
				the recordation of electronic real property records.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-350 - Preservation

Current through Register Vol. 48, No. 6, June 28, 2024
Real property records in the custody of the register are
				permanent records and must be preserved. The preservation of electronic real
				property records requires consistent and complex management in order to
				maintain authenticity and integrity. Electronic records are subject to the same
				threats of destruction as other mediums such as natural or human-made
				disasters. There are the added challenges of hardware and software
				obsolescence, media longevity and migration, infrastructure failures and
				accidental damage from improper handling. The durability of electronic records
				has not been proven to be as enduring as microfilm. In order to secure and
				preserve information created and stored electronically, permanent digital real
				property records shall be converted to microfilm.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 4 - ELECTRONIC NOTARIES PUBLIC › Section 113-400 - Registration

Current through Register Vol. 48, No. 6, June 28, 2024
A. A notary public shall register to perform electronic notarial acts with the Secretary of State before performing notarial acts electronically.
B. The term of registration as an electronic notary shall coincide with the term of the notary's commission pursuant to Section 26-2-20(B). An electronic notary may commence performing electronic notarial duties upon receipt of confirmation of registration as an electronic notary public from the Secretary of State.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 4 - ELECTRONIC NOTARIES PUBLIC › Section 113-410 - Application for Registration as an Electronic Notary

Current through Register Vol. 48, No. 6, June 28, 2024
A. A notary public must submit the application for registration electronically with the Secretary of State. This electronic application shall include:
(1) The notary's full legal name and the name under which the notary public's commission was issued, if different;
(2) The residential address of the notary public and the county in which the notary public's commission is enrolled pursuant to Section 26-1-50;
(3) The email address of the notary;
(4) Proof of the successful completion of the electronic notary course of instruction, including the date of completion and name of the course of instruction on the duties of an electronic notary as approved by the Secretary of State;
(5) The expiration date of the notary public's commission;
(6) The disclosure of all license or commission revocations or other disciplinary actions against the notary public;
(7) A description of the notary technology that the notary public intends to use to perform notarial acts with respect to electronic notarizations, including the name of the electronic notary system provider. The description must include:
(a) The technology to be used in attaching an electronic notarial certificate, signature, or seal to an electronic document;
(b) The technology used to maintain the electronic journal; and
(c) The technology used to render electronic records tamper-evident;
(8) If the device used to create the registrant's electronic signature was issued or registered through a licensed certification authority, then the application must include:
(a) The name of that authority;
(b) The source of the license; and
(c) The starting and expiration dates of the device's term of registration; and
(9) A copy of the notary public's electronic signature, electronic notarial certificate and electronic seal, along with any necessary instructions or techniques supplied by the vendor or notary public that allows the signature and stamp to be read and authenticated.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 4 - ELECTRONIC NOTARIES PUBLIC › Section 113-420 - Course of Instruction

Current through Register Vol. 48, No. 6, June 28, 2024
A. Before each registration to perform electronic notarial acts, a notary public shall complete a course of instruction approved by the Secretary of State, and pass an examination of this course.
B. The Secretary of State, or his designee, will administer the training course and testing for applicants for electronic notary public registration.
C. The content of the course shall include notarial rules, procedures, and ethical obligations pertaining to electronic notarization as provided in the South Carolina Electronic Notary Public Act or in any other law or official guideline of this State.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 4 - ELECTRONIC NOTARIES PUBLIC › Section 113-430 - Electronic Notary Signature and Electronic Notary Seal

Current through Register Vol. 48, No. 6, June 28, 2024
A. An electronic notary signature must meet all of the following requirements.
(1) The electronic notary signature shall be independently verifiable and unique to the electronic notary;
(2) The electronic notary signature shall be retained under the electronic notary's sole control;
(3) When the electronic notary performs an electronic notarization, the electronic signature used by the electronic notary must be accessible by and attributable solely to the electronic notary to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization;
(4) The electronic notary signature shall be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination; and
(5) An image of the electronic notary's handwritten signature shall appear on any visual or printed representation of an electronic notary certificate regardless of the technology being used to affix the electronic notary's electronic signature.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 4 - ELECTRONIC NOTARIES PUBLIC › Section 113-440 - Employers of Electronic Notaries

Current through Register Vol. 48, No. 6, June 28, 2024
A. Neither the employer of an electronic notary public nor any of the employer's employees or agents shall use or permit the use of an electronic notary seal or signature by anyone other than the electronic notary public to whom it is registered.
B. Upon the cessation of employment of an electronic notary public, the employer of the notary must do the following, if applicable:
(1) Relinquish any and all control of the electronic notary public's electronic notary seal conveyed by the employer's provision of an electronic notarization system as part of the electronic notary's employment;
(2) Transfer possession of the electronic notary seal to the electronic notary public; and
(3) Eliminate the ability of any other person to use the former employee's electronic notary seal if the electronic notarization system used by the employer does not permit transfer of possession of the electronic notary seal.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 4 - ELECTRONIC NOTARIES PUBLIC › Section 113-450 - Rejection of Electronic Notary Public Application

Current through Register Vol. 48, No. 6, June 28, 2024
The Secretary of State may reject an application for registration as an electronic notary public for failure to comply with any of the requirements of the South Carolina Electronic Notary Public Act. In addition, the Secretary of State may reject an application for registration as an electronic notary public for the following reasons:
A. If the application is incomplete or contains any misstatement or omission of fact;
B. If there is a pending inquiry by the Secretary of State's Office or law enforcement into the applicant's alleged failure to comply with any of the statutes, regulations or policies governing notaries public and electronic notaries public;
C. If there has been a finding against or an admission of liability by the applicant in any legal proceeding or disciplinary action based on the applicant's conduct as a notary public or an electronic notary public; or
D. The applicant has been convicted of a criminal offense involving fraud, theft, forgery, or breach of trust.
South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 4 - ELECTRONIC NOTARIES PUBLIC › Section 113-460 - Change of Registration Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. An electronic notary public shall notify the Office of the Secretary of State of any changes in the information submitted in the notary public's application for registration within thirty (30) days following the change in information.
B. Notifications to the Office of the Secretary of State as required by this section must be made in a form or manner prescribed by the Secretary of State and must be accompanied by a fee of ten dollars.
C. Failure to timely notify the Secretary of State as required under this section may subject the electronic notary public to having his or her registration terminated.
D. Nothing herein shall be construed to prohibit an electronic notary public from receiving, installing, or using hardware and/or software updates to the technologies that the electronic notary public identified in the electronic notary public's application if the hardware or software update does not result in technologies that are materially different from the technologies that the electronic notary public identified previously.