reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-075 - Pilotage Areas

Current through Register Vol. 48, No. 6, June 28, 2024
A. The federal boundary lines defined in 46 CFR 7.65, 46 CFR 7.70 and 46 CFR7.75 describe the areas of the coastal waters along the coast of South Carolina that delineate the application of federal pilotage requirements. These same boundary lines shall encompass those waters upon which the Commissioners also require pilotage on those vessels subject to state pilotage laws and regulations.
B. The Commissioners of Pilotage for the Lower Coastal Area shall extend these defined waters seaward of the federal boundary lines whenever necessary to:
(1) Assure that every foreign flag vessel or US vessel under register, while transiting offshore waters that otherwise may present the risk of grounding in the process of calling at every South Carolina port, is conducted and piloted by a pilot licensed by the Commissioners of Pilotage for the Lower Coastal Area.
(2) Assure that every foreign flag vessel or US vessel under register calling at offshore moorings located within offshore waters under the jurisdiction of the State of South Carolina is conducted and piloted by a pilot licensed by the Commissioners of Pilotage for the Lower Coastal Area.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-090 - Pilot Response

Current through Register Vol. 48, No. 6, June 28, 2024
A. The pilots will act upon all requests for pilot services without delay, provided they have been notified as follows:
(1) For vessels entering the Port of Charleston, six hours in advance of the required pilot boarding time.
(2) For vessels departing or shifting within the Port of Charleston, three hours prior to any vessel's intended movement.
(3) For movements in ports other than Charleston, seventy-two (72) hours in advance of the requested pilot boarding time, sailing time, or other movement.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-095 - Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any person or organization that has any complaint or other grievance with the actions of the Commissioners or the pilots, shall submit such complaint to the Commissioner's of Pilotage for the Lower Coastal Area in writing. The Commissioners shall thereupon take any action as required by statute.
B. Appeals to decisions resulting from suspension and revocation proceedings shall be made in accordance with Section 1-23-380 of the 1976 Code.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-099 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A. Suspension or revocation of pilot licenses shall be initiated and prosecuted pursuant to 1976 Code Section 54-15-320 and Section 1-23-370.
B. Fines, forfeitures, and other penalties shall be initiated and prosecuted pursuant to 1976 Code Section 54-15-340.
C. Nothing contained within the penalty provisions of 1976 Code Title 54, Chapter 15, shall be construed to preempt or constrain the investigation or imposition of any criminal or civil action authorized or required by either federal or state law, and the investigative procedures and penalties provided in Chapter 1 of Title 40, 1976 S.C. Code, as amended.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-701 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
A. The purpose of these regulations is to establish standards for the promotion and continuance of a centralized, coordinated system of pilotage that will assure the safe and efficient movement of ocean-going shipping in to, out of and within the seaports of the State of South Carolina.
B. Safety shall be the primary objective of pilotage and shall focus upon the safety of vessels in transit, of vessels moored, of bridges and other waterfront structures, of channels and other navigable waterways, and protection of the marine environment.
C. Pilotage standards shall pursue the major objective of safety and the secondary objective of efficient movement by addressing, but not be limited to, each of the following aspects:
(1) Selection, training and qualification of pilots.
(2) Licensure and registration of pilots.
(3) Reports of accidents, risks, and other matters affecting vessel safety.
(4) Relationship to federal pilotage.
(5) Pilot logistical support systems.
(6) Vessel movement restrictions.
(7) Docking and undocking.
(8) Administration.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-703 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Apprentice" is defined to mean an individual approved and certified by the Commissioners who is undergoing an approved pilot training and qualification program.
B. "Bar" is defined to mean the entrance to any port at such place in the Atlantic Ocean where the U. S. Army Corps of Engineers is authorized to commence harbor maintenance.
C. "Branch" is defined to mean a category of pilot license denoting the absence of restrictions, or the level of restriction, placed upon the holder of said license.
D. "Coast Guard" is defined to mean the United States Coast Guard.
E. "Commisioners" is defined to mean the Commissioners of Pilotage for the Upper Coastal Area.
F. "Draft" is defined to mean the deepest vertical distance required by any vessel to float measured from the surface of the water to a depth equal to the deepest portion of a vessel's hull or appurtenances.
G. "Examiners" is defined to mean a member of a Board of Examiners convened by the Commissioners to examine apprentices for issuance of pilot licenses, and to examine pilots holding restricted pilot licenses for the next higher license.
H. "Federal Pilot" is defined to mean any person licensed under the provisions of 46 USC 7101 - 7114, and required to serve under the authority of 46 USC 8502, or who may be required to serve under 46 USC 8503.
I. "Foreign Flag" is defined to mean a vessel registered in a country other than the United States.
J. "Full Branch" is defined to mean a license with no restrictions.
K. "Gross Tons" is defined to mean the gross registered tonnage of any vessel as measured under the 1969 International Tonnage Convention.
L. "Harbor" is defined to mean the waterways inshore of the bar, within a port, on which commerce may be carried.
M. "License" is defined to mean a document issued by the Commissioners to a pilot authorizing that individual to serve as a State pilot on board such vessels requiring same.
N. "Pilot" is defined to mean an individual licensed by the Commissioners as a pilot for the Upper Coastal Area.
O. "Pilot Waters" is defined to mean those waters of the bar and within the harbor on which pilots are required.
P. "Port" is defined to mean the geographic area, defined by political boundaries, surrounding and including the harbor and bar.
Q. "Public Vessel" is defined to mean a vessel meeting the definition of contained in 46 USC 2101(24).
R. "Seagoing Vessel" is defined to mean any vessel, or combination of tug and tows, that measure 200 or more gross tons, and/or draw 8 or more feet.
S. "Short Branch" is defined to mean a pilot license that is restricted to service on vessels of certain size and draft limitations.
T. "State Pilot" is defined to mean a pilot licensed by the Commissioners.
U. "Vessel" is defined to mean, generally, every contrivance of watercraft, including craft self propelled by machinery and/or sail, and non-self propelled craft towed or pushed by another craft.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-705 - Area of Jurisdiction

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioners for the Upper Coastal Area have jurisdiction for the pilot waters between the South Carolina side of Little River and Cape Romain, S. C.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-707 - Policies and Procedures Manual

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioners shall publish and maintain a current POLICIES AND PROCEDURES MANUAL (PPM). The PPM shall provide guidance regarding the administration of matters coming before the Commissioners.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-710 - Requirement for Licensure

Current through Register Vol. 48, No. 6, June 28, 2024
No person may be licensed as a pilot without first having successfully completed the required two-year program of apprentice training and qualification, as well as the Apprentice Training Course approved by the Commissioners. This is applicable to temporary and emergency licenses as well as to regular full Branch and Short Branch licenses.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-711 - Apprentice Training and Qualification Program

Current through Register Vol. 48, No. 6, June 28, 2024
A. The apprentice training and qualification program shall include the satisfactory completion of an Apprentice Training Course approved by the Commissioners.
B. In addition to satisfactory completion of the Apprentice Training Course, every apprentice shall become qualified to perform boat crew duties on board every class of pilot vessel for the Upper Coastal Area. The apprentice training and qualification program shall consist of both the approved Apprentice Training Course and the two-year term of apprentice training.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-712 - Apprentice Selection Process

Current through Register Vol. 48, No. 6, June 28, 2024
A. Applicants for apprenticeship shall submit applications to the Commissioners on application forms provided by the Commissioners. A non-refundable application fee shall be submitted with each application.
B. Upon a determination of eligibility by the Commissioners, copies of the complete applications of eligible applicants will be forwarded to the pilots.
C. At such times as vacancies may be forecast or occur within the register of pilots, the Commissioners shall certificate from among the eligible applicants the best qualified individual or individuals for apprenticeship. Selection shall be in accordance with selection criteria procedures, based upon numerical ranking, promulgated by the Commissioners. No agency, including the Commissioners of Pilotage, shall require the selection of more apprentices than needed to fill projected vacancies.
D. Numerical ranking shall be based upon a 100 point system, with 25 points for each of the following categories:
(1) Academic. Each High School Graduate shall receive 5 points. In addition, each applicant's cumulative Grade Point Average, on a 4.0 scale, shall be multiplied by a factor of five for persons with a baccalaureate degree and by a factor of 2.5 for persons with an associate, or equivalent, two year degree.
(2) Previous maritime experience. The Commissioners shall award points to applicants pursuant to subpart 136-715.
(3) Interview. Every applicant shall be interviewed by the Commissioners. Each person interviewed shall be assigned from 0 to 25 points based upon objective scoring guidelines published by the Commissioners.
(4) Pilot potential. The Commissioners shall forward the application files of every eligible applicant to the pilots who shall consider the documentary evidence submitted with the application, any letters of recommendation received, and other information in the applicant's file. The pilots shall assign from 0 to 25 points to those applicants whose applications indicate that they have the greatest potential and who they believe are the best qualified to become pilots and future business partners, in accordance with the criteria contained in the POLICIES AND PROCEDURES MANUAL.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-713 - Pilot Age Limitations

Current through Register Vol. 48, No. 6, June 28, 2024
The required physical rigors and necessary stamina render service as a pilot for the Upper Coastal Area to be such that no pilot age seventy-five years or older will be registered.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-714 - Apprentice Citizenship and Physical Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every apprentice applicant must meet the requirements of Section 54-15-90 of the 1976 Code and the Coast Guard requirements for citizenship, physical health and general federal licensure as contained in 46 CFR 10.201 - 10.223.
B. All apprentice applicants must certify and be prepared to demonstrate that they can swim, unassisted, for a distance of not less than 100 meters, and can remain afloat, unassisted, for a period of not less than fifteen minutes, immediately thereafter.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-715 - Previous Maritime Experience, Apprentice Applicants

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission shall ensure that eligible applicants for apprenticeship be assured that any previous maritime experience is considered in the selection process.
B. The Commissioners shall assign up to 25 points to any applicant who has demonstrated previous maritime knowledge or experience. Consideration will be given to the following federal license and experience factors:
KIND OF MARINE EXPERIENCE DOCUMENTED POINTS
1. Master, Oceans, any gross tons 21
2. Chief Mate, Oceans, any gross tons 19
3. Second Mate Oceans, any gross tons 17
4.Third Mate, Oceans, any gross tons 15
5. Master, Near Coastal less than 100 GT 10
6. Operator, uninspected towing vessel or Inland Master 10
7. Federal First Class Pilot license or endorsement 1
8. Motorboat Operator license 5
9. Small craft and sailing experience
(a) Collegiate sailing team member, yrs on team 1 to 4
(b) Local sailing and offshore regatta crew 1 to 5
(c) Small craft operation on the local harbors and 5 approaches, 1 point per year but experience must equal or exceed 100 days per year, up to a maximum of (NOTE: The points awarded for small craft experience can not total more that five points.) Points awarded to the above factors 1 through 9 may be accumulated to a maximum of 25.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-716 - Apprentice Training Course Curriculum

Current through Register Vol. 48, No. 6, June 28, 2024
A. Satisfactory completion of the Apprentice Training Course for the Upper Coastal Area, as approved by the Commissioners and the Commandant of the U. S. Coast Guard, requires that the apprentice must have satisfactorily completed a minimum of 360 days of training aboard vessels over 1600 gross tons. This Course of Instruction is approved by the Commandant of the U. S. Coast Guard pursuant to 46 CFR 10.307.
B. General Curriculum Requirements:
(1) In order to satisfactorily complete this training course, every apprentice must solo, to the satisfaction of the majority of the supervising pilots, on every route, day and night, ebb and flood tides, and on every size category of vessel calling at the Port. The curriculum of the approved course requires that apprentices learn to direct the movement of vessels, apply the proper rules of the nautical road and other maritime procedures, interface and coordinate with other affected vessels and facilities, and record certain information. During each vessel movement to which the apprentice is assigned, the apprentice shall accompany the licensed pilot assigned to the vessel. The licensed pilot serves as the expert-master and interacts with the apprentice in observational and mastery learning processes. The ultimate result of the training is marked by the apprentice's satisfactory piloting of vessels under the supervision of the various pilots assigned to those movements without the need for those assigned pilots to offer coaching or verbal guidance. This accomplishment is termed a "solo".
(2) In addition to the above, the progress of every apprentice must be marked semi-annually during his or her term of apprentice training by the pilots with whom he or she has received instruction in the areas of:
(a) Procedures
(b) Skillfulness
(c) Communications
(d) Attitude
(3) Every apprentice must receive satisfactory grades from the majority of the pilots during each semi-annual progress report period. A 3.2 grade point average on a 4.0 scale, in every area of grading, is required as the minimal satisfactory grade. This minimal grade shall be obtained during the final progress report period in order for an apprentice to receive a certificate that he or she has satisfactorily completed this training course. The Course Monitor shall semiannually advise each apprentice regarding his or her progress and shall also advise the Commissioners.
(4) Failure to receive satisfactory grades during the Apprentice Training Course can result in the termination of the apprentice training program for any apprentice at any point in the program by the Commissioners.
(5) The discovery that any apprentice fails to satisfy the physical requirements for federal licensure shall be just cause for the termination of any such apprentice, without regard to the grades received in the Apprentice Training Course.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-717 - Completion of Apprenticeship

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon the successful completion of the two year apprenticeship training and qualification program for the Upper Coastal Area including certification by the Course Monitor of satisfactory completion of the Apprentice Training Course at Georgetown, the pilots shall provide the Commissioners with the name of every successful apprentice, along with a copy of his or her Branch License issued by the Commissioners of Pilotage for the Upper Coastal Area and their recommendations regarding his or her prospective licensure by the Commission.
B. The complete training record of every apprentice so recommended shall be brought before the Commissioners at the time such apprentice's name is presented.
C. Nothing shall prohibit the Commissioners from periodically reviewing the progress of any apprentice undergoing training, and reviewing the progress reports on every apprentice that have been submitted by the pilots.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-720 - Short Branch Qualification

Current through Register Vol. 48, No. 6, June 28, 2024
A. The term of the apprentice training and qualification program shall be followed by a period of not less than two years for advanced qualification as a Short Branch pilot.
B. With the consent of any apprentice who has passed the term of apprenticeship, the commencement of the period of short branch qualification may be suspended for a period of time, subject to the approval of the Commissioners. Under such circumstances, the Commissioners shall assure that the passed apprentice has completed a sufficient number of refresher round trips prior to licensure.
C. The various tonnage and draft limitations for each short branch shall be:
(1) Initial (first) Short Branch (one year) ... 24 feet deep draft. No tonnage restriction.
(2) Second Short Branch (one year) ... 27 feet deep draft. No tonnage restriction.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-730 - Pilot Registration

Current through Register Vol. 48, No. 6, June 28, 2024
A. The maximum number of pilots for the Upper Coastal Area is limited to three (3), and may be increased by the Commissioners of Pilotage for the Upper Coastal Area to five (5). The minimum number of Full Branch pilots for the Upper Coastal Area shall be established by the Commissioners to be sufficient to handle the number of vessels requiring pilot services, in accordance with Section 54-15-130 of the 1976 South Carolina Code, as amended. The Commissioners for the Upper Coastal Area may authorize a number of Short Branch pilots in addition to the number established for Full Branch pilots.
B. Every pilot being registered shall have a thorough physical examination every year. An individual's registration remains valid through the end of the month in which the first anniversary of the most recent satisfactory physical examination occurs. If invalidated by expiration of the previous physical, registration is restored once a satisfactory physical examination has been completed, without further action by the Commission or other authority. Pilots holding and maintaining a Medical Certificate for a First Class Pilot issued by the United States Coast Guard are deemed medically fit to perform the duties of a State Registered Pilot. Annual physicals will be recorded on a form approved by the Commissioners that is:
(a) signed by an appropriately licensed physician;
(b) signed by the applicant attesting to the status as of that date of his or her Coast Guard Medical Certificate; and
(c) submitted within 30 days of the completion of the physical. Pilots not holding a current Medical Certificate issued by the United States Coast Guard for a First Class Pilot may petition the Commissioners for a determination of medical fitness by alternate means.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-732 - Board of Examiners

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Board of Examiners shall supervise the administration of a written examination, approved by the Commissioners, to every candidate for pilot licensure.
B. The Commissioners shall provide the Examiners written documentation relative to the qualifying piloting experience of the license candidate. The Examiners shall be unanimously satisfied that the evidence of experience provided adequately demonstrates the necessary experience for the license for which the candidate is to be licensed.
C. The Examiners shall orally examine each candidate for licensure with spontaneous questions and discussion. These questions shall be of equal importance and difficulty. These questions shall be of a technical maritime nature and shall include those subjects included in Section 54-15-70 of the 1976 South Carolina Code, as amended.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-735 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. The following fees shall be remitted to the Commissioners of Pilotage for the Upper Coastal Area for each of the respective licenses issued for the Upper Coastal Area:
(1) First Short Branch $250.00
(2) Second Short Branch $100.00
(3) Full Branch $150.00
(4) Certificate of Apprenticeship $50.00
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-740 - Pilot Vessel Operation

Current through Register Vol. 48, No. 6, June 28, 2024
A. The pilots for the Upper Coastal Area shall obtain and engage the dedicated services of one or more privately owned pilot vessels for the sole benefit of the pilots.
B. An adequate number of such vessels shall be manned and available for duty 24 hours per day, seven days per week, such number to be determined by the Commissioners.
C. Every pilot vessel shall be materially sufficient and properly manned for its intended duty to the satisfaction of the Commissioners.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-745 - Pilot Charges and Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. Pilotage charges and rates shall be promulgated by the Commissioners in accordance with the applicable sections of the 1976 Code.
B. The pilots shall be due payment for individual pilotage charges and fees upon the departure of any vessel from the Port, except when the pilots have elected to extend credit to such vessel owner, vessel operator, principal agent or local agent. In such cases, all payments are due not later than forty-five (45) days after the vessel's arrival in port.
C. Any agent or other non-vessel owner who makes arrangements for credit for pilotage shall be held responsible by the pilots for the amount credited if that amount is not paid within the forty-five (45) day period.
D. Pilotage charges are based upon the services of one pilot unit. No additional charges are authorized for other pilots or apprentices taken aboard a vessel for the purpose of training or route familiarization. However, nothing shall prohibit additional pilotage charges from being made whenever additional pilots are required to assure the safe maneuvering of the vessel. In such cases, one additional pilot unit may be charged for every additional pilot so embarked.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-750 - Federal Pilot Licensure

Current through Register Vol. 48, No. 6, June 28, 2024
A. The pilots are authorized to perform federal pilotage services to merchant vessels requiring federally licensed pilots, and to public vessels of the United States, provided that such service does not conflict with their duties as State pilots.
B. Federal law [ 46 USC 8502(b) ] prohibits State pilots from charging more for federal pilotage than the customary rates. The pilots are authorized to charge less and are further authorized to enter into contract(s) for the performance of federal pilotage.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-751 - Commissioner Authority over Federal Pilotage

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commissioners have no authority over any vessel required to take a federal pilot, [see 46 USC 8501(d) and 46 USC 8502(c) and (d) ], nor do they have any authority over the service of any individual who is licensed as a federal pilot.
B. Any State pilot whose federal license is suspended or revoked may be subject to the suspension and revocation of his or her State license, pursuant to the 1976 Code Section 54-15-320.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-760 - Marine Casualties, Accidents and Other Reports

Current through Register Vol. 48, No. 6, June 28, 2024
A. Marine Casualties are defined in 46 CFR 4. These are required to be reported to the Coast Guard by the owners, operators, masters or agents of vessels so involved. This requirement affects all U. S. commercial vessels and every foreign flag vessel on U. S. waters.
B. Hazardous conditions are defined in 33 CFR 160.203 and must be reported to the Coast Guard.
C. Navigation safety regulations are prescribed in 33 CFR 164 to protect the port.
D. Every pilot must immediately report every marine casualty, hazardous condition and violation of a navigation safety regulation to the Coast Guard and to the Commissioners of Pilotage for the Upper Coastal Area.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-761 - Reports of Coast Guard Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commissioners shall request copies of all Coast Guard investigations pertaining to accidents, marine casualties, complaints, and disciplinary actions including suspension and revocation proceedings and civil penalty actions, which occurred within their area of jurisdiction.
B. The Commissioners shall establish procedures to take appropriate action whenever a State pilot has been subjected to a Coast Guard finding of misconduct, negligence, physical or mental incompetence, or violation of federal law or regulation.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-771 - Vessel Traffic Movement Restrictions

Current through Register Vol. 48, No. 6, June 28, 2024
A. The pilots may, from time to time, under the authorities of their licenses make general determinations relative to safe vessel movement. These determinations may consider, but not be limited to, vessel draft, state of tide, channel depths, direction of tidal currents, individual vessel maneuvering characteristics, vessel size, presence of other vessels, width of channels, and visibility.
B. The pilots shall consider any portended vessel movement that does not meet their criteria for safety as a "Hazardous Condition" and may refuse to serve. Any pilot encountering this situation shall report same accordingly pursuant to subpart 136-770H(2), if the vessel persists in its intentions to move against the advice of the pilots.
C. The owners or operators of any vessel adversely affected by a pilot's decision regarding its movement may appeal that decision to the Commissioners; provided, that such decision was not made by the Coast Guard based upon the report of a "Hazardous Condition" by a pilot, in which case the appeal should be made to the Coast Guard.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-772 - Docking and Undocking

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every master of every vessel requiring State pilotage may elect to dock or undock his/her vessel. Alternatively, every master may employ the services of docking masters (or "docking pilots") to maneuver the vessel in or out of the dock.
B. Whenever tugs are not engaged and whenever a qualified docking master is not assigned, at any vessel master's request, a state pilot may serve as docking master.
C. State pilots, whether or not employed as docking masters, will serve every vessel on board which they are embarked as pilots. Under such circumstances, their functions will be:
(1) Advise the master of such vessel if any person purporting to be a docking master or docking pilot is known by the pilot to be a qualified docking master.
(2) Be prepared to direct the vessel's movement whenever:
(a) A docking maneuver may be aborted, or
(b) An undocking maneuver has been completed, or
(c) A vessel's master requests the pilot's services.
(3) Provide communications services to the vessel's master with respect to the movement of other vessels.
(4) Perform the duties of bar and harbor pilot at such times and in such places when the safe navigation of the vessel requires said pilot to make navigational recommendations to the vessel master, regardless of the presence or status of tugs alongside.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-790 - Pilot Coordination

Current through Register Vol. 48, No. 6, June 28, 2024
A. The pilots will act upon all requests for pilot services without delay; provided, they have been notified a minimum of six (6) hours prior to any vessel's intended movement.
B. The pilots will ensure the coordination of pilot assignments in the movements of all State piloted vessels that are, or will be, underway at the same time on those waters subject to the jurisdiction of the Commissioners.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-795 - Appeals

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any person or organization that has any complaint or other grievance with the actions of the Commissioners, or the pilots, shall submit such complaint to the Commissioner's of Pilotage for the Upper Coastal Area in writing. The Commissioners shall thereupon take any action required by statute.
B. Appeals to decisions resulting from suspension and revocation proceedings shall be made in accordance with Section 1-23-380 of the 1976 Code.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 3 - UPPER COASTAL AREA › Section 136-799 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
A. Suspension or revocation of pilot licenses shall be initiated and prosecuted pursuant to 1976 Code Section 54-15-320 and Section 1-23-370.
B. Fines, forfeitures and other penalties shall be initiated and prosecuted pursuant to 1976 Code Section 54-15-340.
C. Nothing contained within the penalty provisions of 1976 Code Title 54, Chapter 15, shall be construed to preempt or constrain the investigation or imposition of any criminal or civil action authorized or required by either federal or state law.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-100 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(1) "Asynchronous"
		  means communication that does not take place at the same time. It is
		  characterized by as needed, intermittent communication.
(2) "Co-Appraiser" refers to appraisals in
		  which more than one appraiser works as a team. Applicants must have performed
		  at least fifty (50%) percent of the work on an appraisal.
(3) "Desk Review" refers to an appraisal
		  performed by another person (including a person under the applicant's
		  supervision) but does not include a physical inspection of the subject
		  property. In order to qualify for experience credit in this category, an
		  applicant must have thoroughly and critically reviewed all portions of the
		  appraisal report and recommended the acceptance, revision, or rejection of the
		  appraisal under review.
(4) "Direct
		  Supervision" means personally reviewing an appraisal report prepared by an
		  apprentice and signing and certifying the report as being independently and
		  impartially prepared and in compliance with the Uniform Standards of
		  Professional Appraisal Practice, these regulations and applicable statutory
		  requirements.
(5) "Distance
		  Education" means the process of delivering instruction when the instructors and
		  the students are separated by distance.
(6) "Field Review" refers to an appraisal
		  performed by another person who has conducted a physical inspection of the
		  property, as well as verified the data and checked the calculations contained
		  in the appraisal under review. In addition, in order to qualify for experience
		  credit in this category, an applicant must have prepared a written report
		  recommending the acceptance, revision, or rejection of the appraisal under
		  review.
(7) "Lister" refers to
		  duties individuals perform in mass appraisals that are typically limited to the
		  location of real property, measurement of improvements relative to such things
		  as number of bedrooms and bathrooms, siding, decks, or other miscellaneous
		  information.
(8) "Sole Appraiser"
		  refers to appraisals that are completed by only one person.
(9) "Synchronous" means communication in
		  which the interaction is simultaneous. It is characterized by live two-way
		  communication.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-100.01 - Appraisal Experience Hourly System

Current through Register Vol. 48, No. 6, June 28, 2024
An hourly system shall be utilized by the Board to evaluate the
			 appraisal experience of applicants.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-100.02 - Qualifications

Current through Register Vol. 48, No. 6, June 28, 2024
(A) In order to
		  qualify as a state apprentice, licensed or certified appraiser, an applicant
		  must meet the requirements set forth below, as well as any requirements
		  established by the Appraiser Qualifications Board (AQB) and the Appraisal
		  Standards Board (ASB) of the Appraisal Foundation, as subsequently endorsed by
		  the Appraisal Subcommittee pursuant to Title XI of the Financial Institutions
		  Reform, Recovery, and Enforcement Act of 1989.
(B) In order to qualify as an apprentice
		  appraiser, an applicant:
(1) must have
		  received 75 hours of Core Curriculum prescribed by the AQB in qualifying
		  education covering thirty (30) hours in Basic Appraisal Principles, thirty (30)
		  hours in Basic Appraisal Procedures, and fifteen (15) hours in National Uniform
		  Standards of Professional Appraisal Practice or its equivalent as determined by
		  the AQB;
(2) must attend a
		  trainee/supervisor orientation conducted in compliance with AQB
		  requirements.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-100.03 - Appraisal Categories

Current through Register Vol. 48, No. 6, June 28, 2024
The following categories pertain to various forms of appraiser
			 involvement and the percentage which may be awarded by the Board when
			 evaluating appraisal experience:
Category
Percentages Assigned
(A)
Sole Appraiser -
100%
(B)
Co-Appraiser -
75%
(C)
Field Review -
50%
(D)
Desk Review -
25%
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-100.04 - Residential Experience Hours

Current through Register Vol. 48, No. 6, June 28, 2024
The following hours may be awarded by the Board concerning
			 property types when evaluating residential appraisal experience:
Type of Appraisal
Sole Appraiser
Hours Assigned
Co-Appraiser
Hours Assigned
1.
Appraisal of Single-Family
8
6
(one unit dwelling)
2.
Appraisal of Multi-Family
16
12
(two-four units)
3.
Appraisal of Vacant Residential Lot
6
4.5
4.
Appraisal of Rural Residential Land
16
12
(10-50 acres)
5.
All other residential properties, larger or more
						  complex than typical properties.
Hours to be determined by the Board upon
						  submission.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-100.05 - Nonresidential Experience Hours

Current through Register Vol. 48, No. 6, June 28, 2024
The following hours may be awarded by the Board concerning
			 property types when evaluating nonresidential appraisal experience:
Type of Appraisal
Sole Appraiser Hours Assigned
Co-Appraiser
Hours Assigned
A.
Vacant Land:
20
15
(Undeveloped nonresidential tracts, residential
						  multifamily sites, commercial sites, industrial sites, lands in transition,
						  etc.)
B.
Rural/Agricultural:
(51 to 250 acres)
20
15
(more than 250 acres)
32
24
C.
Residential Multi-Family (5-12 units):
40
30
D.
Residential Multi-Family (13 units or
						  more):
56
42
(apartments, condominiums, townhouses, mobile home
						  parks, etc.)
(Apartments, condominiums, townhouses, mobile home
						  parks, etc.)
E.
Commercial Single-Tenant:
40
30
(Office building, retail store, restaurant, service
						  station, bank, day-care center, etc.)
F.
Commercial Multi-Tenant:
64
48
(Office building, shopping center, hotel/motel,
						  etc.)
G.
Industrial:
(Warehouse, manufacturing plant,
						  etc.)
Under 20,000 square feet
40
30
20,000 square feet or more
72
54
H.
Institutional:
72
54
(Nursing home, hospital, school, church, government
						  building, etc.)
I.
Specialized or more complex properties
Hours to be determined by Board upon
						  submission.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-100.06 - Co-Appraiser Experience

Current through Register Vol. 48, No. 6, June 28, 2024
An appraiser with any credential, licensed under this chapter,
			 can assist in any appraisal assignment, as long as the appraiser signs the
			 report or is stated in the report for providing professional assistance. A
			 co-appraiser can claim experience credit using seventy-five (75%) of the
			 experience hours as allowed in 137-100.04 and 137-100.05.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-100.07 - Other Appraisal Experience

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Applicants may receive credit for
		  appraisals of other types of real property not listed in these Regulations. The
		  Board may, on an individual basis, determine the amount of credit to be awarded
		  for such appraisals based on information provided to the Board by the
		  applicant.
(B) Experience credit
		  may be awarded for mass appraisal activity provided such activity is in
		  compliance with the standards set forth in the Uniform Standards of
		  Professional Appraisal Practice. However, the maximum number of experience
		  hours an applicant will be awarded for mass appraisal activity is fifty percent
		  (50%).
(C) Mass appraisal
		  experience will not be awarded for activity performed by individuals commonly
		  referred to as "listers." Activity by listers does not, in and of itself, apply
		  the methods and techniques utilized in the appraisal process and consequently
		  will not be credited as appraisal experience.
(D) Duties performed by listers are not
		  considered regulated appraisal activity and therefore listers are not required
		  to become licensed or certified under the South Carolina Real Estate Appraisers
		  and Appraisal Management Companies Act.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-200.01 - Mass Appraisal Activity

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Appraisal experience may be obtained
		  through mass appraisal activity when applicants can demonstrate that after
		  receiving information supplied by the lister the person claiming mass appraisal
		  experience credit inspected the subject property, determined the quality or
		  classification of the property, estimated the depreciation of the improvements,
		  determined the land or lot value based on market sales of comparable properties
		  adjusted to the subject property, and reviewed the estimated value of the
		  property against comparable sales in order to ensure the value estimate
		  approximated market value.
(B) Ad
		  valorem appraisal experience may be obtained through individual property
		  appraisals utilizing the entire appraisal process.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-200.02 - Residential Mass Appraisals

Current through Register Vol. 48, No. 6, June 28, 2024
The following categories pertain to various forms of appraiser
			 involvement and the hourly values which may be awarded by the Board when
			 evaluating residential mass appraisal experience:
Type of Appraisal
Sole Appraiser
Hours Assigned
Co-Appraiser
Hours Assigned
1.
Single-Family
New
2
1
(one-unit dwelling)
Update
1
.50
2.
Multi-Family
New
2
1
(two-four units)
Update
1
.50
3.
Residential Lots
New
2
1
(4 lots or less)
Update
1
.50
4.
Rural Residential Land
New
2
1
(50 acres or less)
Update
1
.50
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-200.03 - Nonresidential Mass Appraisals

Current through Register Vol. 48, No. 6, June 28, 2024
The following categories pertain to various forms of appraiser
			 involvement and the hourly values which may be awarded by the Board when
			 evaluating nonresidential mass appraisal experience:
Type of Appraisal
Sole Appraiser
Hours Assigned
Co-Appraiser
Hours Assigned
1.
Vacant Land
New
2
1
Update
1
.50
2.
Rural Agricultural
New
2
1
(51 acres to 250 acres)
Update
1
.50
3.
Rural Agricultural
New
2
1
(more than 250 acres)
Update
1
.50
4.
Multi-Family
New
8
4
(5-12 units)
Update
4
2
5.
Multi-Family
New
12
6
(13 or more units)
Update
6
3
6.
Commercial
New
8
4
(single tenant)
Update
4
2
7.
Commercial
New
16
8
(multi-tenant)
Update
8
4
8.
Industrial
New
8
4
(under 20,000 square feet)
Update
4
2
9.
Industrial
New
12
6
(more than 20,000 square feet)
Update
6
3
10.
Institutional
New
12
6
Update
6
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-200.04 - Mass Appraisal Experience Verification

Current through Register Vol. 48, No. 6, June 28, 2024
Persons claiming mass appraisal experience must provide a
			 statement of verification of the experience claimed. This verification should
			 be completed by the applicant's supervisor or employer where the mass appraisal
			 experience was required. The experience claimed by the applicant must be
			 reported on a form approved by the Board.