reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 13 - INTERNATIONAL MECHANICAL CODE › Section 8-1301 - IMC 504.9.2 Duct Installation

Current through Register Vol. 48, No. 6, June 28, 2024
Exhaust ducts shall be supported at intervals not to exceed 8
				feet and within 16 inches of each side of a joint that is not installed in a
				vertical orientation, secured in place, making rigid contact with the duct at
				not less than 4 equally spaced points or 2/3rds contact if strap is used. All
				brackets and strapping must be noncombustible. The insert end of the duct shall
				extend into the adjoining duct or fitting in the direction of airflow. The
				overlap shall comply with Section 603.4.2. Ducts shall not be joined with
				screws or similar devices that protrude into the inside of the duct. Exhaust
				ducts shall be sealed in accordance with Section 603.9. Where dryer ducts are
				enclosed in wall or ceiling cavities, such cavities shall allow the
				installation without deformation. The duct work may be ovalized as long as it
				terminates in an approved duct box. Minor imperfections located on the duct, in
				areas other than along the seam, do not constitute a violation of this
				section.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 13 - INTERNATIONAL MECHANICAL CODE › Section 8-1302 - IMC Table 1103.1 Refrigerant Classification, Amount, and OEL

Current through Register Vol. 48, No. 6, June 28, 2024
Modify Footnote c to state: The ASHRAE Standard 34 flammability
				classification for this refrigerant is 2L.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 13 - INTERNATIONAL MECHANICAL CODE › Section 8-1303 - IMC 1104.3.1 Air conditioning for human comfort

Current through Register Vol. 48, No. 6, June 28, 2024
High-probability systems used for human comfort shall use Group
				A1 or A2L refrigerant. In other than industrial
occupancies
where the quantity in a single independent circuit does not exceed the amount
				in Table 1103.1, Group B1, B2 and B3 refrigerants shall not be used in
				high-probability systems for air conditioning for human
				comfort.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 13 - INTERNATIONAL MECHANICAL CODE › Section 8-1304 - IMC Chapter 15 Referenced Standards

Current through Register Vol. 48, No. 6, June 28, 2024
Add the following Referenced Standard to Chapter 15,
CSA
:
C22.2 No. 60335-2-40-2019 Household and Similar Appliances -
				Safety - Part 2-40: Particular Requirements for Electrical Heat Pumps,
				Air-Conditioners and Dehumidifiers - 3rd Edition
				908.1, 916.1, 918.2, 1101.2
Modify the following Referenced Standard in Chapter 15,
UL
, to read as follows:
60335-2-40 - 2019 Household and Similar Electrical Appliances -
				Safety - Part 2-40: Particular Requirements for Electrical Heat Pumps,
				Air-Conditioners and Dehumidifiers 908.1, 916.1, 918.1, 918.2, 1101.2
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 14 - INTERNATIONAL PLUMBING CODE › Section 8-1400 - International Plumbing Code

Current through Register Vol. 48, No. 6, June 28, 2024
NOTE - This article is based upon the International Plumbing
				Code, 2021 Edition, in accordance with the statutory amendments to acts
				governing the Building Codes Council, except for the modifications referenced
				below.
This code is identical to the 2021 International Plumbing Code,
				except for the following modifications:
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 14 - INTERNATIONAL PLUMBING CODE › Section 8-1401 - IPC 202 General Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Drinking fountain: A plumbing fixture that is connected to the
				potable water distribution system and the drainage system. The fixture allows
				the user to obtain a drink directly from a stream of flowing water without the
				use of any accessories. Such fixtures can be separate from or integral to a
				bottle filling station.
Bottle Filling Station: A type of water dispenser that is
				connected to the potable water distribution system and the drainage system. The
				fixture is designed and intended for automatically or manually filling personal
				use drinking water bottles or containers not less than 10 inches (254 mm) in
				height and is in compliance with the American with Disabilities Act
				(42 U.S.C. §
									12101 et seq.). Such fixtures can be separate
				from or integral to a drinking fountain and can incorporate a water filter and
				a cooling system for chilling the drinking water.
Water Cooler: A drinking fountain or bottle filling station
				that incorporates a means of reducing the temperature of the water supplied to
				it from the potable water distribution system.
Water Dispenser: A plumbing fixture that is automatically or
				manually controlled by the user for the purpose of dispensing potable drinking
				water into a receptacle such as a cup, glass or bottle. Such fixture is
				connected to the potable water distribution system of the premises. This
				definition includes a freestanding apparatus for the same purpose that is not
				connected to the potable water distribution system and that is supplied with
				potable water from a container, bottle or reservoir.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 14 - INTERNATIONAL PLUMBING CODE › Section 8-1402 - IPC Table 403.1 Minimum Number of Required Plumbing Fixtures

Current through Register Vol. 48, No. 6, June 28, 2024
Modify Row 3 of the Table to add a column for Bottle Filling
				Stations:
No.
Classification
Description
Water Closets
Lavatories
Bathtubs/ Showers
Drinking Fountain See Section 410
Other
Bottle Filling Station
M F
M F
3
Educational
Educational Facilities
1 per 50
1 per 50
-
1 per 100
1 service sink
1 per 200 with placement of 1 on each floor (or wing
							 or other building section) and 1 in school food service
areas.
South Carolina Code of Regulations › Chapter 8 - BUILDING CODES COUNCIL › Article 14 - INTERNATIONAL PLUMBING CODE › Section 8-1403 - IPC 410. 4 Substitution

Current through Register Vol. 48, No. 6, June 28, 2024
Where restaurants provide drinking water in a container free of
				charge, drinking fountains shall not be required in those restaurants. In other
occupancies
, where three or more drinking fountains are
				required,
water dispensers
shall be permitted to be
				substituted for not more than 50 percent of the required number of drinking
				fountains. In educational settings, 50 percent of the required number of
				drinking fountains must incorporate a bottle filling station.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.1 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Adjudication"
				means a trial-type proceeding (whether conducted pursuant to the Administrative
				Procedure Act (S.C. Code Ann. Section
				1-23-310, et seq.),
				other statutes, or agency regulations or practice) that offers an opportunity
				for an oral, fact-finding hearing before an Adjudicator, whether or not an
				administrative law judge.
B.
				"Adjudicator" is one or more individuals who preside(s) at the reception of
				evidence and issue(s) a decision.
C. "Agency" is an agency as defined in S.C.
				Code Ann. Section
				1-23-310.
D. "Alternative Dispute Resolution" means any
				procedure that is used in lieu of an adjudication to resolve issues in
				controversy, including, but not limited to, settlement, negotiations,
				conciliation, facilitation, mediation, fact finding, minitrials, and
				arbitration, or any combination thereof.
E. "Director" means Office of the Director of
				SCIAA and State Archaeologist.
F.
				"[Docketed Party]" is a person required by law to participate in an
				adjudication; see R.
				9-100.30.
G. "Intervenor" is a person entitled by law
				or permitted by the agency to participate as a party; see R.
				9-100.30.
H. "Limited Participant" is a person
				permitted by agency discretion to participate other than as a party; see R.
				9-100.30.
I. "Motion" means a request made to the
				Adjudicator.
J. "Party" is a person
				who has full participation rights in an adjudication.
K. "Person" includes an individual,
				partnership, corporation, association, public or private organization, or
				governmental agency.
L. "SCIAA"
				means the South Carolina Institute of Archaeology and Anthropology.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.2 - Scope of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				These rules of practice and procedure are applicable to adjudications before
				SCIAA arising under or authorized by the South Carolina Underwater Antiquities
				Act of 1991, S.C. Code Ann., Section
				54-7-610,
				et seq.
B. In the absence of a
				specific provision, the South Carolina Rules of Civil Procedure shall serve as
				a general guide.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.3 - Construction and Modification or Waiver of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
A. These rules shall be liberally construed
				so as to secure the fair, expeditious, and least costly determination of all
				proceedings, consistent with consideration of the issues involved and
				protection of the rights of all interested persons.
B. Except to the extent that waiver would
				otherwise be contrary to law, the Adjudicator(s) may, after adequate notice to
				all interested persons, modify or waive any of these rules upon a determination
				that no party will be prejudiced and that the ends of justice will be
				served.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.10 - Adjudicator: Assignment

Current through Register Vol. 48, No. 6, June 28, 2024
Adjudications shall be presided over by an Adjudicator who
				  shall be designated by the Director of SCIAA.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.11 - Adjudicator: Powers

Current through Register Vol. 48, No. 6, June 28, 2024
The Adjudicator shall have all powers necessary to the
				  conduct of fair, expeditious, and impartial hearings, including the
				  following:
A. To administer oaths and
				affirmations;
B. To issue subpoenas
				authorized by law;
C. To rule on
				offers of proof and receive relevant evidence;
D. To take depositions or have depositions
				taken when the ends of justice would be served;
E. To regulate the course of the hearing and
				the conduct of persons at the hearing;
F. To hold conferences for the settlement or
				simplification of the issues by consent of the parties or by the use of
				alternative dispute resolution;
G.
				To inform the parties as to the availability of one or more methods of
				alternative dispute resolution, and encourage use of such methods;
H. To require the attendance at any
				conference held pursuant to Subsection F. of at least one representative of
				each party who has authority to negotiate concerning resolution of the issues
				in controversy;
I. To dispose of
				procedural motions;
J. To make or
				recommend decisions;
K. To call and
				question witnesses;
L. To impose
				appropriate sanctions against any party or person failing to obey her/his
				order, refusing to adhere to reasonable standards of orderly and ethical
				conduct, or refusing to act in good faith; and
M. To take any other action authorized by
				SCIAA.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.12 - Adjudicator: Withdrawal; Disqualification; or Unavailability

Current through Register Vol. 48, No. 6, June 28, 2024
A. Withdrawal or
				Disqualification of Adjudicator.
1. An
				Adjudicator may at any time disqualify her/himself.
2.
a.Prior
				to the filing of the Adjudicator's decision, any party may move that the
				Adjudicator disqualify her/himself on the ground of personal bias or other
				disqualification, by filing with the Adjudicator promptly upon discovery of the
				alleged facts an affidavit setting forth in detail the matters alleged to
				constitute grounds for disqualification.
b. The Adjudicator shall rule upon the
				motion, stating the grounds therefor. If the Adjudicator concludes that the
				motion is timely and has merit, the Adjudicator shall forthwith disqualify
				her/himself and withdraw from the adjudication. If (s)he does not disqualify
				her/himself and withdraw from the adjudication, (s)he shall proceed with the
				adjudication, or if the hearing has been concluded, (s)he shall proceed with
				the issuance of her/his decision.
c. An Adjudicator's denial of a motion for
				disqualification may be appealed at the conclusion of the proceeding unless the
				requirements of R.
				9-100.400
				[Interlocutory Review] are satisfied.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.20 - Ex Parte Communications

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Except to the extent required for the disposition of ex parte matters as
				authorized by law, the Adjudicator may not consult a person or party on any
				matter relevant to the merits of the adjudication, unless on notice and
				opportunity for all parties to participate.
B. Except to the extent required for the
				disposition of ex parte matters as authorized by law:
1. no interested person outside the agency
				shall make or knowingly cause to be made to the Adjudicator, SCIAA, or any
				employee who is or may reasonably be expected to be involved in the decisional
				process an ex parte communication relevant to the merits of the
				adjudication;
2. no member of the
				body comprising SCIAA, the Adjudicator, or other employee who is or may
				reasonably be expected to be involved in the decisional process of the
				adjudication, shall make or knowingly cause to be made to any interested person
				outside the agency an ex parte communication relevant to the merits of the
				adjudication.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.21 - Separation of Functions

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Adjudicator may not be responsible to or subject to the supervision or
				direction of an employee or agent engaged in the performance of investigating
				or prosecuting functions for SCIAA.
B. No officer, employee, or agent of SCIAA
				engaged in the performance of investigations or prosecutorial functions in
				connection with any adjudication shall, in that adjudication or one that is
				factually related, participate or advise in the decision of the Adjudicator,
				except as a witness or counsel in the adjudication or its appellate
				review.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.30 - Rights of [Docketed Party], Intervenor, and Limited Participant

Current through Register Vol. 48, No. 6, June 28, 2024
A. The rights of a
				[Docketed Party] are determined by statute, these rules, and other applicable
				law.
B. An intervenor's right to
				participate as a party may be restricted by order of the Adjudicator pursuant
				to statute, these rules, or other applicable law.
C. At such times and in such manner as
				ordered by the Adjudicator, a limited participant may be permitted to make oral
				and/or written submissions.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.40 - Representation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any person may
				appear in an adjudication on her/his/its own behalf or by an
				attorney.
B. An attorney must be a
				member in good standing of the bar of the State of South Carolina.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.51 - Filing of Documents and Other Materials

Current through Register Vol. 48, No. 6, June 28, 2024
A. All documents, and other materials
				relating to an adjudication, shall be filed with the Office of the Director of
				SCIAA.
1321 Pendleton Street Columbia, SC 29208
(803) 777-8170 (voice)
(803) 734-0566 (voice)
(803) 254-1338 (fax)
e mail: rippettaub@garnet.cla.sc.edu
								amerc@garnet.cla.sc.edu
B.
				Unless otherwise ordered by SCIAA, an original and four copies of each document
				(including exhibits and the like) are to be filed. Copies need not be signed,
				but the name of the person signing the original shall be shown on each
				copy.
C. Filing may be made by
				first-class mail or by other more expeditious methods of filing such as
				personal or overnight delivery, FAX, or electronic means; however, SCIAA or the
				Adjudicator(s) may place appropriate limitations on filing by FAX or electronic
				means.
D. In any proceedings when,
				upon inspection, it appears that a document (or other material) tendered for
				filing does not comply with the requirements of these rules, the [docket clerk
				or other designated, official person] may decline to accept the document (or
				other material) for filing and return it unfiled or may accept it and advise
				the person tendering it of the deficiency and require the deficiency to be
				corrected.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.52 - Form and Content of Filed Documents

Current through Register Vol. 48, No. 6, June 28, 2024
A. Necessary Information. A filed document
				shall state clearly:
1. that it is a SCIAA
				matter,
2. the name of the
				proceeding,
3. the name and
				designation (such as "applicant," "petitioner," or "respondent") of the filing
				party,
4. the type of filing (e.g.,
				petition, notice, motion to dismiss, etc.),
5. any assigned docket number of the case,
				and
6. the filing party's or other
				filing person's address, telephone number, and FAX number (if any).
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.53 - Amendment or Supplementation of Filed Documents

Current through Register Vol. 48, No. 6, June 28, 2024
A. A party shall amend or supplement a
				previously filed document if the party learns of a change in the facts that may
				affect the outcome of the adjudication.
B. The Adjudicator may approve other
				amendments or supplements to filed documents.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.60 - Time Computation

Current through Register Vol. 48, No. 6, June 28, 2024
A. In
				computing any period of time prescribed in these rules, the day from which the
				designated period begins to run shall not be included. The last day of the
				period so computed shall be included unless it is a Saturday, Sunday, or State
				or federal holiday. When the period of time prescribed is seven (7) days or
				less, intermediate Saturdays, Sundays, and federal holidays shall be excluded
				in the computation.
B. If service
				is by first-class mail, three (3) days shall be added to the designated period
				for response.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.70 - Motions

Current through Register Vol. 48, No. 6, June 28, 2024
A.
1. All motions shall state the specific
				relief requested and the basis therefor and, except as provided in paragraph 2.
				below, shall be in writing.
2.
				Unless otherwise ordered by the Adjudicator, a motion may be made orally during
				a conference or the hearing. After an opportunity for response, the Adjudicator
				may rule on the motion immediately or may direct that the motion and response
				be submitted in writing pursuant to subsection A(1).
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.71 - Subpoenas

Current through Register Vol. 48, No. 6, June 28, 2024
Upon request of a party, the Adjudicator may issue a subpoena
				  requiring:
A. attendance of a witness
				for purpose of giving testimony, and
B. production of documents or things for
				inspection or other purposes.
Upon motion of a person served with a subpoena (or by a
				  party), the Adjudicator may quash or modify the subpoena for good cause
				  shown.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › I - GENERAL PROVISIONS › Section 9-100.80 - Withdrawal or Dismissal

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Withdrawal.
1. An adjudication may be
				withdrawn without an order of the Adjudicator,
a. by the filing of a stipulation of all
				parties who have appeared in the adjudication, or
b. by the filing of a notice of withdrawal by
				the [party initiating the adjudication] at any time before another party has
				served a responsive pleading or, if there is none, before the introduction of
				evidence at the hearing.
A notice of withdrawal may not be filed by a party who has
				  previously withdrawn or been dismissed from an adjudication based on (or
				  including) the same claim. Unless otherwise stated in the notice of withdrawal
				  or stipulation, a withdrawal is without prejudice.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.200 - Initiation of Adjudication

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				An adjudication is initiated when a pleading is filed with the
				Director.
B. The document
				initiating the adjudication shall state briefly the nature of the proceeding,
				the identity of known parties, the jurisdiction under which the adjudication is
				initiated, the general allegations of fact, the legal authority that
				constitutes a basis for the adjudication, and the nature of the relief
				sought.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.201 - Consolidation or Severance of Adjudication

Current through Register Vol. 48, No. 6, June 28, 2024
A. Consolidation. The Adjudicator may, upon
				motion or on her/his own motion, with reasonable notice and opportunity to
				object provided to all parties affected, consolidate any or all matters at
				issue in two or more adjudications docketed under these rules where common
				parties, fact questions, or applicable law exist and where such consolidation
				would expedite or simplify consideration of the issues and the interests of
				justice would be served. Consolidation shall not prejudice any rights under
				these rules and shall not affect the right of any party to raise issues that
				could have been raised if consolidation had not occurred. For purposes of this
				rule, no distinction is made between joinder and consolidation of
				adjudications.
B. Severance. Unless
				directed otherwise by SCIAA or the Director of SCIAA, the Adjudicator may by
				motion or on her/his own motion, for good cause shown, order any adjudication
				severed with respect to some or all parties, claims, and issues.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.210 - Intervention

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any person who
				desires to participate in an adjudication as an intervenor shall file a motion
				to intervene in a timely manner.
B.
				A motion to intervene shall:
1. indicate the
				legal basis that supports the motion to intervene;
2. set forth the property, financial, or
				other interest of the movant in the adjudication;
3. identify the specific aspect or aspects of
				the adjudication as to which the movant wishes to intervene; and
4. state any other facts or reasons why the
				movant should be permitted to intervene.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.211 - Limited Participation

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				A person wishing to participate in an adjudication other than as a party shall
				file a motion to participate as a limited participant. The motion shall state
				concisely the reasons why the person wishes to participate in the adjudication
				and the extent of participation desired.
B. The Adjudicator may grant the motion if
				(s)he finds that the person making the motion may contribute materially to the
				Adjudicator's ability to make an informed decision in the adjudication. The
				Adjudicator shall give the person making the motion notice of her/his decision
				on the motion.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.220 - Prehearing Statement

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Adjudicator may require all parties to an adjudication to prepare prehearing
				statement(s) at a time and in the manner to be established by the Adjudicator.
				To the extent possible, joint statements should be prepared.
B. Prehearing statement(s) shall, unless
				otherwise ordered by the Adjudicator, set forth briefly the following matters:
1. Issues involved in the
				adjudication;
2. Stipulated facts
				together with a statement that the party (or parties) have communicated or
				conferred in a good faith effort to reach stipulations to the fullest extent
				possible;
3. Facts in
				dispute;
4. Witnesses and exhibits
				to be presented during the hearing, including any stipulations relating to
				authenticity of documents and witnesses as experts;
5. A brief statement of applicable
				law;
6. The conclusion to be drawn;
				and
7. Estimated time required for
				presentation of the party's (or parties') case.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.221 - Prehearing, Settlement, and Other Conferences

Current through Register Vol. 48, No. 6, June 28, 2024
A. With due regard for the convenience of all
				the parties, the Adjudicator may direct the parties to attend one or more
				conferences, prior to or during the course of the hearing, when the Adjudicator
				finds they are warranted. Reasonable notice of the time, place, and purpose of
				the conference(s) shall be given to the parties and other persons, if any, who
				are participating or seek to participate in the adjudication. A conference
				shall be held in person and on the record, unless the Adjudicator concludes
				that personal attendance by the Adjudicator and the parties is unwarranted or
				impractical; in this instance, the conference may be held by telephone or other
				appropriate means.
B. Parties shall
				come to all conferences fully prepared for a useful discussion of all issues
				involved in the conference, both procedural and substantive, and authorized to
				negotiate with respect thereto.
C.
				The Adjudicator may order that any or all of the following be addressed or
				furnished before, at, or after, the conference:
1. Motions to intervene and motions to appear
				as a limited participant;
2.
				Motions for consolidation or severance of parties or issues in the
				adjudication;
3. Method of service
				and filing;
4. Identification,
				simplification, and clarification of the issues;
5. Requests for amendment of filed
				documents;
6. Stipulations and
				admissions of fact and of the content and authenticity of documents;
7. A discussion of the desirability of
				limiting and grouping witnesses, so as to avoid duplication of expert
				witnesses;
8. Disclosure of the
				names of expert and other witnesses (together with a brief narrative summary of
				their expected testimony) and of documents or other physical exhibits that are
				intended to be introduced into evidence or used as testimonial aids;
9. A recommended schedule for the exchange of
				final witness lists, prepared testimony, and documents, with due regard for the
				convenience of the parties;
10.
				Requests for official notice and that particular matters be resolved by
				reliance upon the agency's substantive standards, regulations, and
				rules;
11. Offers of
				settlement;
12. Proposed date,
				time, and place of the hearing, with due regard for the convenience of all
				parties; and
13. Such other matters
				as may aid in the disposition of the adjudication.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.230 - Discovery: General

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Following the initiation of the adjudication, discovery shall begin at, and be
				completed by, such time as the Adjudicator directs.
B. Unless otherwise ordered by the
				Adjudicator, parties may obtain discovery by one or more of the following
				methods:
1. Interrogatories (R.
				9-100.233);
2. Depositions upon oral examination or
				written questions (R.
				9-100.234);
3. Requests for production of documents or
				things for inspection or other purposes (R.
				9-100.235);
4. Requests for admission (R.
				9-100.236);
				or
5. Any other method permitted by
				the Adjudicator.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.231 - Discovery: Scope

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Parties may obtain discovery regarding any matter, not privileged, that is
				relevant to the subject matter involved in the adjudication, whether it relates
				to the case or defense of the party seeking discovery or to the case or defense
				of any other party, including the existence, description, nature, custody,
				condition, and location of any books, documents, or other tangible things, and
				the identity and location of persons having knowledge of discoverable
				matter.
B. It is not ground for
				objection that the information sought will be inadmissible at the hearing if
				such information appears reasonably calculated to lead to the discovery of
				admissible evidence.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.232 - Discovery: Supplementation of Response

Current through Register Vol. 48, No. 6, June 28, 2024
A party who has responded to a request for discovery with a
				  response that was complete when made is under a duty to supplement the response
				  to include information thereafter acquired, as follows:
A. A party is under a duty to supplement in a
				timely fashion a response with respect to any question directly addressed to:
1. the identity and location of persons
				having knowledge of discoverable matters, and
2. the identity of each person expected to be
				called as an expert witness, the subject matter on which the person is expected
				to testify, and the substance of the testimony.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.233 - Interrogatories

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any party may
				serve upon any other party written interrogatories. However, the total number
				of general interrogatories to any one party may not exceed fifty (50) questions
				including subparts, except by permission of the adjudicator for good cause
				shown.
B. Each interrogatory shall
				be answered separately and fully in writing under oath or affirmation, unless
				it is objected to, in which event the reasons for the objection shall be stated
				in lieu of an answer. The answers are to be signed by the person making them,
				and the objections signed by the attorney or other representative making them.
				Answers and objections shall be made within thirty (30) days after the service
				of the interrogatories. The party submitting the interrogatories may move for
				an order under R.
				9-100.239
				[Sanctions for Failure to Comply] with respect to any objection or other
				failure to answer an interrogatory.
C. An interrogatory otherwise proper is not
				necessarily objectionable merely because an answer to the interrogatory
				involves an opinion or contention that relates to fact or the application of
				law to fact, but the Adjudicator may order that such an interrogatory need not
				be answered until after designated discovery has been completed or until a
				prehearing conference or other later time.
D. It is a sufficient answer to such
				interrogatories to specify the records from which the answer may be derived or
				ascertained where:
1. the answer to an
				interrogatory may be derived or ascertained from the records of the party upon
				whom the interrogatory has been served or from an examination, audit, or
				inspection of such records, or from a compilation, abstract, or summary based
				thereon, and
2. the burden of
				deriving or ascertaining the answer is substantially the same for the party
				serving the interrogatory as for the party served.
The party serving the interrogatory shall be afforded
				  reasonable opportunity to examine, audit, or inspect such records and to make
				  copies, compilations, abstracts, or summaries. The specification shall include
				  sufficient detail to permit the interrogating party to locate and identify the
				  individual records from which the answer may be ascertained.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.235 - Requests for Production of Documents or Things for Inspection or Other Purposes

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
				party may serve on any other party a request to produce and/or permit the
				party, or someone acting on its behalf, to inspect and copy any specified
				document(s) (i.e., any written, printed, recorded, or graphic matter,
				regardless of form, characteristic, or medium) or to inspect and copy, test, or
				sample any tangible things, that contain or may lead to relevant information
				and that are in the possession, custody, or control of the party upon whom the
				request is served.
B. Any party may
				serve on any other party a request to permit entry upon designated property in
				the possession or control of the party upon whom the request is served for the
				purpose of inspection, measuring, surveying, photographing, testing, or
				sampling the property or any designated object or area.
C. Each request shall set forth with
				reasonable particularity the property to be inspected and shall specify a
				reasonable time, place, and manner for making the inspection and performing the
				rebated acts.
D. The party upon
				whom the request is served shall respond within thirty (30) days after the
				service of the request. The response shall state, with respect to each item,
				that inspection and related activities will be permitted as requested, unless
				there are objections, in which case the reasons for each objection shall be
				stated.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.236 - Requests for Admissions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
				party may serve on any other party a written request for admission of the truth
				of any matters relevant to the adjudication set forth in the request that
				relate to statements or opinions of fact or of application of law to fact,
				including the genuineness of any documents described in the request. Copies of
				documents shall be served with the request unless they have been or are
				otherwise furnished or are known to be, and in the request are stated as being,
				in the possession of the other party. Each matter of which an admission is
				requested shall be separately set forth.
1.
				The matter is admitted unless, within thirty (30) days after service of the
				request, or within such time as the Adjudicator allows, the party to whom the
				request is directed serves upon the party requesting the admission, a sworn
				written answer.
2. The sworn
				written answer shall specifically:
a. deny the
				relevant matter(s) of which an admission is requested;
b. set forth in detail the reasons why the
				party truthfully can neither admit nor deny the matter(s) of which an admission
				is requested; or
c. state the
				objections by which some or all of the matters involved are privileged,
				irrelevant, or otherwise improper in whole or part.
A denial shall fairly meet the substance of the requested
				  admission and when good faith requires that a party qualify her/his answer or
				  deny only part of the matter of which an admission is requested, (s)he shall
				  specify so much of it as is true and qualify or deny the remainder.
3. An answering party
				may not give lack of information or knowledge as a reason for failure to admit
				or deny unless (s)he states that (s)he has made reasonable inquiry and that the
				information known to, or readily obtainable by, her/him is
				insufficient.
4. The party who has
				requested the admission(s) may move to determine the sufficiency of the
				answer(s) or objection(s). Unless the objecting party sustains her/his burden
				of showing that the objection is justified, the Adjudicator shall order that an
				answer be served.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.237 - Discovery: Protective Order

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Upon motion by a party or the person from whom discovery is sought, and for
				good cause shown, the Adjudicator may make any order that justice requires to
				protect a party or person from annoyance, embarrassment, oppression, or undue
				burden or expense, including one or more of the following:
1. That the discovery may not be
				had;
2. That the discovery may be
				had only on specified terms and conditions, including a designation of the time
				and/or place;
3. That the discovery
				may be had only by a method of discovery other than that selected by the
				seeking party;
4. That particular
				matters may not be inquired into, or that the scope of the discovery may be
				limited to particular matters;
5.
				That discovery may be conducted with no one present except persons designated
				by the Adjudicator;
6. That a trade
				secret or other confidential research, development, or commercial information
				may not be disclosed or may be disclosed only in a designated way or only to
				designated persons; and
7. That the
				party or the other person from whom discovery is sought may file specified
				documents or information under seal to be opened as directed by the
				Adjudicator.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.238 - Discovery: Motion to Compel Discovery

Current through Register Vol. 48, No. 6, June 28, 2024
A. If a party or other person upon whom a
				request for discovery has been served fails to answer a question propounded or
				to respond adequately, objects to a request, or fails to produce documents or
				other things for inspection or other purposes, the discovering party may move
				the Adjudicator for an order compelling discovery in accordance with the
				request. The motion shall:
1. state the
				nature of the request;
2. set forth
				the response or objection of the party or other person upon whom the request
				was served;
3. present arguments
				supporting the motion; and
4.
				attach copies of all relevant discovery requests and responses.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.239 - Discovery: Sanctions for Failure to Comply

Current through Register Vol. 48, No. 6, June 28, 2024
If a party fails to provide or permit discovery, the
				  Adjudicator may take such action as is just, including but not limited to the
				  following:
A. Infer that the
				admission, testimony, document, or other evidence would have been adverse to
				the party;
B. Order that, for the
				purposes of the adjudication, the matters regarding which the order was made
				nor any other designated facts shall be taken to be established in accordance
				with the claim of the party obtaining the order;
C. Order that the party withholding discovery
				not introduce into evidence or otherwise rely, in support of any claim or
				defense, upon documents or other evidence withheld;
D. Order that the party withholding discovery
				not introduce into evidence, or otherwise use in the hearing, information
				obtained in discovery;
E. Order
				that the party withholding discovery not be heard to object to introduction and
				use of secondary evidence to show what the withheld admission, testimony,
				documents, or other evidence would have shown;
F. Order that a filed document, or part of a
				filed document, or a motion or other submission by the party be stricken, or
				that decision on the filed documents be rendered against that party, or both;
				and
G. Exclude the party or
				representative from the adjudication.
Any such action may be taken by order at any point in the
				  adjudication.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › II - THE PREHEARING STAGE › Section 9-100.240 - Settlement; Alternative Dispute Resolution

Current through Register Vol. 48, No. 6, June 28, 2024
A. Availability. The parties shall have the
				opportunity to submit a settlement to the Adjudicator or submit a request for
				alternative dispute resolution under section D.
B. Form. A settlement shall be in the form of
				a proposed settlement agreement, a consent order, and a motion for its entry,
				which shall include the reasons why it should be accepted and shall be signed
				by the consenting parties or their authorized representatives.
C. Content of Settlement Agreement. The
				proposed settlement agreement shall contain the following:
1. An admission of all jurisdictional
				facts;
2. An express waiver of
				further procedural steps before the Adjudicator or SCIAA, of any right to
				challenge or contest the validity of the order entered into in accordance with
				the agreement, and of all rights to seek judicial review or otherwise to
				contest the validity of the consent order;
3. A statement that the order shall have the
				same force and effect as an order made after full hearing; and
4. A statement that matters in the pleading,
				if any, required to be adjudicated have been resolved by the proposed
				settlement agreement and consent order.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › III - THE HEARING › Section 9-100.300 - Scheduling and Notice of Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Adjudicator shall be responsible for
				scheduling the hearing. With due regard for the convenience of the parties,
				their representatives, or witnesses, the Adjudicator shall fix the time, place,
				and date for the hearing and shall notify all parties of the same.
B. A request for a change in the time, place,
				or date of the hearing may be granted by the Adjudicator.
C. At any time after commencement of a
				proceeding, any party may move to expedite the scheduling of a proceeding. A
				party moving to expedite a proceeding shall:
1. describe the circumstances justifying the
				expedition, and
2. incorporate in
				the motion affidavits to support any representations of fact.
Following timely receipt of the motion and any responses, the
				  Adjudicator may expedite schedules for filing documents, prehearing
				  conferences, and the hearing, as appropriate.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › III - THE HEARING › Section 9-100.310 - Failure of Party to Appear

Current through Register Vol. 48, No. 6, June 28, 2024
A decision may be entered against a party failing to appear
				  at a hearing unless such party shows good cause for the failure to
				  appear.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › III - THE HEARING › Section 9-100.320 - Evidence: Admissibility

Current through Register Vol. 48, No. 6, June 28, 2024
The Adjudicator shall admit, consider, or exclude evidence in
				  accordance with S.C. Code Ann. Section
				  1-23-330
				  and the S.C. Rules of Evidence.
South Carolina Code of Regulations › Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY › Subchapter 9-100 - ADJUDICATION RULES › III - THE HEARING › Section 9-100.322 - Evidence: Confidential and Sensitive Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. Without limiting the discretion of the
				Adjudicator to give effect to applicable privileges, the Adjudicator may limit
				introduction of evidence or issue such protective or other orders that in
				her/his judgment are required to prevent undue disclosure of classified,
				confidential, or sensitive matters, which include, but are not limited to,
				matters of a national security, business, personal, or proprietary nature.
				Where the Adjudicator determines that information in documents containing
				classified, confidential, or sensitive matters should be made available to
				another party, the Adjudicator may direct the party to prepare an unclassified
				or non-sensitive summary or extract of the original. The summary or extract may
				be admitted as evidence in the record.
B. If the Adjudicator determines that the
				procedure described in section A. is inadequate and that classified or
				otherwise sensitive matters must form part of the record in order to avoid
				prejudice to a party, the Adjudicator may advise the parties and provide
				opportunity for arrangements to permit a party or representative to have access
				to such matters.