reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-603 - Units of Credit

Current through Register Vol. 48, No. 6, June 28, 2024
The conversion of other credit to PDH units is as
				follows:
(1)
1 College or unit semester hour
45 PDH
(2)
1 College or unit quarter hour
30 PDH
(3)
1 Continuing Education Unit
10 PDH
(4)
1 Hour of professional development for attendance in
							 course work, seminars, or professional or technical presentations made at
							 meetings, conventions, or conferences
1 PDH
(5)
For teaching as in 49-602C(5)
PDH Credits are doubled
(6)
Each published technical or professional paper,
							 article or book
10 PDH
(7)
Active participation in a professional and technical
							 society
2 PDH
(8)
Each patent
10 PDH
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-604 - Determination of Credit

Current through Register Vol. 48, No. 6, June 28, 2024
The Board has final authority with respect to approval of
				courses, credit, PDH value for courses and other methods of earning
				credit.
(1) Credit for college or
			 community college approved courses will be based upon course credit established
			 by the college.
(2) Credit for
			 qualifying seminars and workshops will be based on one PDH unit for each hour
			 of attendance. Attendance at qualifying programs presented at professional
			 and/or technical society meetings will earn PDH units for the actual contact
			 time of each program.
(3) Credit
			 determination for activities 49-603-(6) and 49-603-(8) is the responsibility of
			 the licensee, subject to review as required by the Board.
(4) Credit for activity 49-603-(7), active
			 participation in professional and technical societies is limited to 2 PDH units
			 per organization, with a maximum of 4 PDH units per year, and requires that a
			 licensee serve as an officer, or actively participate in a committee of the
			 organization, or have at least a 50% documented attendance at meetings held not
			 less than eight times per year. PDH credits for participation in a professional
			 or technical society are not earned until the end of the administrative year of
			 the society.
(5) Teaching credit is
			 valid for teaching a course or seminar for the first time only. Teaching credit
			 does not apply to full-time faculty.
(6) No more than twelve hours of credit may
			 be obtained in one calendar day.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-605 - Record Keeping

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 responsibility for maintaining records used to support credits claimed is that
			 of the licensee. Records required include, but are not limited to:
(1) A log showing the type of activity
			 claimed, sponsoring organization, location, duration, instructor's or speaker's
			 name, and PDH credits earned and;
(a)
			 Attendance verification records in the form of completion certificates or other
			 documents supporting evidence of attendance; or
(b) Records as maintained by the NCEES
			 Records Program or other recognized repositories for such records.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-606 - Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
A licensee may be exempt from the professional development
				educational requirements for one or more of the following reasons:
A. New licensees by way of examination or
			 comity shall be exempt for their first renewal period.
B. Licensees experiencing physical
			 disability, illness, or other extenuating circumstances may apply to the Board
			 for an exemption or extension of time to obtain the credits subject to the
			 review and approval of the Board. Supporting documentation must be furnished
			 with any such exemption request made to the Board.
C. Licensees who list their occupation as
			 "Retired" on the Board approved renewal form and who further certify that they
			 are no longer receiving any remuneration from providing professional
			 engineering or surveying services shall be exempt from requirements for
			 professional development hours. In the event such a person elects to return to
			 the active practice of professional engineering or surveying, professional
			 development hours must be earned, before returning, for each year exempted, not
			 to exceed 30 PDHs.
D. Engineers and
			 Surveyors continuously licensed by this Board prior to January 1, 1969 will be
			 exempt from continuing education requirements.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-609 - Dual License Holders

Current through Register Vol. 48, No. 6, June 28, 2024
The total number of PDH units required shall be the same as
				that required for a single license holder; but at least ten units shall be
				obtained separately for each profession.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-610 - Reporting Forms

Current through Register Vol. 48, No. 6, June 28, 2024
A. All renewal
			 applications will contain a statement of verification that the licensee has
			 obtained the required professional development hours at the time of renewal.
			 Upon audit, the licensee must report the course date, sponsoring organization,
			 location, activity title, brief description and PDH's claimed and provide
			 documentation of attendance or completion as well as any other information
			 required by the Board.
B. Failure
			 to fulfill the professional development requirements or to comply with the
			 Board's audit shall be considered a violation of the Registration Law for
			 Professional Engineers and Surveyors.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-10 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
This regulation is to establish a Continuing Education Program in the State of South Carolina for Registered Environmental Sanitarians in order to expand their knowledge and to meet the requirements for Continuing Education as provided by Section 40-61-70 of the CODE OF LAWS OF SOUTH CAROLINA, 1976 as amended.
Each program of Continuing Education should:
A. Update knowledge of pertinent technical and professional developments.
B. Provide for interdisciplinary learning.
C. Extend the spectrum of professional capabilities and opportunities.
D. Facilitate personal contributions to advancement of the profession of Registered Environmental Sanitarians.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-20 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. Board shall be defined as the Board of Examiners for Registered Environmental Sanitarians.
2. Continuing Education shall be defined as participation in an organized educational experience under responsible sponsorship, capable direction, and qualified instruction.
3. Contact Hour shall be defined as fifty (50) to sixty (60) minutes of approved instruction.
4. Continuing Education Units (CEU's) shall be determined by the Board. One CEU shall be the equivalent of ten (10) contact hours of approved instruction.
5. Environmental Sanitarian shall be defined as a person trained and qualified to carry out educational, inspectional, and supervisory duties in environmental health and control programs and who is registered.
6. Accredited Educational Institution shall be defined as a full-time educational institution, such as colleges, universities, and technical institutions.
7. Approved Training Agency shall be defined as any other educational opportunity approved by the Board and offered by one other than an accredited educational institution, such as educational units of governmental or industrial agencies and professional associations.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-30 - Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
All Environmental Sanitarians who wish to renew their certificates of registration shall earn at least two (2) Continuing Education Units (CEU's) every two (2) years. Up to but not more than two (2) CEU's earned in one two-year period may be carried over to the next ensuing two-year period.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-40 - Course Approval Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Courses offered by an accredited educational institution.
1. Credit courses offered by an accredited educational institution which relate to the field of Environmental Health are generally acceptable, but each course and subject matter must be submitted for review and approval by the Board.
2. Other courses, workshops, seminars, and other similar educational opportunities, which are offered by an accredited educational institution are acceptable for review if:
a. The educational institution applies for and obtains approval from the Board, or
b. The attendee applies and obtains approval for attending the course and
c. All courses, workshops, seminars, and other similar educational opportunities have an evaluation procedure concerning the relative merits of the course to the profession, a copy of which evaluation shall be provided to the Board.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-50 - Subject Matter

Current through Register Vol. 48, No. 6, June 28, 2024
A. Acceptable subject matter.
Any subject matter which improves the practice and develops the skill of the Registered Environmental Sanitarian is acceptable for CEU. Such subject matter includes, but is not limited to:
1. Diseases and injuries caused by environmental factors and the applicable prevention techniques.
2. Administrative law.
3. The utilizing of resources in the collection, arrangement, and interpretation of data.
4. Environmental health administration.
5. The behavioral sciences.
6. New or substantially revised environmental health laws, rules, and regulations.
7. Functional fields of environmental health including, but not limited to, air quality, food protection, hazardous substances and product safety, housing, institutional environmental health and safety, radiation protection, recreational areas and waters, solid waste management, vector control, water quality and water supply.
8. Environmental health planning.
9. Communication skills.
10. Management courses.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-60 - Formats for Instruction

Current through Register Vol. 48, No. 6, June 28, 2024
A. Acceptable formats.
1. Workshops
2. Seminars
3. Courses
4. Symposiums
5. Lectures
6. Home study courses
7. Field training when combined with any of the above.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-70 - Determination of Contact Hours and CEU's

Current through Register Vol. 48, No. 6, June 28, 2024
A. Only complete instructional hours will be considered in assigning CEU's.
B. Home study courses.
The number of CEU's is based on the value recommended by the sponsor but determined by the Board for each course.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-80 - Out-Of-State-Credit

Current through Register Vol. 48, No. 6, June 28, 2024
If a registrant earns CEU's as a requirement under the sanitarian registration or licensure laws of a state with which South Carolina has reciprocity, such credit may be transferred to South Carolina upon showings as the Board, in the exercise of its discretion, may deem appropriate.
South Carolina Code of Regulations › Chapter 50 - SOUTH CAROLINA STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS › Article 1 - CONTINUING EDUCATION UNITS › Section 50-90 - Acceptable Proof of Attendance/Completion

Current through Register Vol. 48, No. 6, June 28, 2024
A. Responsibility for documenting the required Contact Hours for CEU's rest with the individual Registered Environmental Sanitarian. Evidence to support the Contact Hours shall be retained by the Registered Environmental Sanitarian and submitted when application is made for the certificate of registration renewal.
B. Credit courses.
1. Transcripts or grade card showing a passing grade.
2. Audited courses (i.e., no grade) requires proof of attendance.
South Carolina Code of Regulations › Chapter 51 - SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD › Section 51-1 - Applications for Certification

Current through Register Vol. 48, No. 6, June 28, 2024
Any person who desires to become certified by the board must make application on the proper form. The board on request will furnish this form. The application for initial certification must be accompanied by a nonrefundable fee as specified in 51-6. An application that is not completed by the applicant within twelve (12) months of receipt by the board shall expire.
South Carolina Code of Regulations › Chapter 51 - SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD › Section 51-2 - Examinations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Examinations, required for licensure, are approved by the board. An applicant may apply under the Americans' with Disabilities Act (ADA) and provide documentation for consideration.
B. An examination fee will be charged for each examination taken by an applicant.
C. Such examinations as may be prescribed under this rule will be administered through a provider approved by the board.
South Carolina Code of Regulations › Chapter 51 - SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD › Section 51-3 - Levels of Licensure, Requirements for Each Level, Operator-in-Charge Requirements for Facilities

Current through Register Vol. 48, No. 6, June 28, 2024
A. The board shall certify qualified applicants in accordance with the levels of licensure defined in this article. In each case, the applicant must meet at least the minimum experience requirements set for the level of licensure being sought. Further, each applicant must comply with the examination requirements, as established in 51-2, relevant to the level of licensure desired except as provided in 51-8.
B. An applicant's education, both degree-related and non-degree-related, may be considered by the board in determining whether the applicant meets the experience requirements for licensure. However, no applicant shall receive a graded certificate without having completed at least one (1) year of actual operating experience. This applies for "C", "B" and "A" level licensure only.
C. There will be no additional application fee for an operator to progress from a lower license to a higher one. However, an examination fee will be charged for each examination taken by an applicant.
D. Licensees and applicants are responsible for notifying the board within fifteen (15) days, whenever they change employers and their position requires a certification which they do not currently possess.
E. The levels of licensure for water treatment plant and water distribution operators, and the requirements for each level, are defined in Section 40-23-300, South Carolina Code of Laws, 1976 as amended.
F. The levels of licensure for physical/chemical wastewater treatment plant operators, and the requirements for each level, are defined as:
1. To be licensed by the board as a "Trainee" physical/chemical wastewater treatment plant operator an applicant must:
a. submit an application on forms approved by the board and the prescribed fee.
South Carolina Code of Regulations › Chapter 51 - SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD › Section 51-4 - Renewal of License, Continuing Education

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each license issued by the board shall be renewed annually or biennially on or before June 30. Any license not renewed within three hundred sixty-five (365) days of the date on which the license expired shall be considered lapsed and declared nonrenewable.
B. The board shall charge a renewal fee, the amount of such fee to be fixed by the board, in accordance with 51-6. Renewal applications received between July 1 and June 30 of the following year shall be subject to a reinstatement fee of two hundred dollars ($200.00).
C. A person who practices while a license is lapsed may be fined up to five hundred dollars ($500.00).
D. A certificate revoked for cause by the board may be reinstated only by action of the board.
E. Each applicant applying for renewal of any license must provide evidence of having completed twelve (12) hours of relevant continuing education every two (2) years. Alternatively, in accordance with 40-23-230(C)(3), a licensee may demonstrate compliance with the current continuing education requirements after the department renews the license, provided they do not engage in licensed activity until completion of the continuing education requirement. Continuing education credit shall be in accordance with Continuing Education Guidelines as approved by the board. In lieu of continuing education, the applicant may take and pass the appropriate examination for their license grade.
F. Individuals who are at least sixty-two (62) years old and have thirty (30) or more years of licensed experience may request a waiver of the continuing education requirement by submitting a waiver form to the board.
South Carolina Code of Regulations › Chapter 51 - SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD › Section 51-5 - Operator-in-Training Licenses

Current through Register Vol. 48, No. 6, June 28, 2024
Biological Wastewater Operators, Physical/Chemical Wastewater Operators, Water Treatment Operators, and Water Distribution Operators.
A. For biological wastewater treatment operators, physical/chemical wastewater treatment operators, water treatment operators, and water distribution operators the board shall issue "trainee" licenses for new personnel with qualifications as stated in 51-3. Operation under this license shall always be under the direct supervision of a legally licensed operator of the proper grade. All applications must be endorsed by the applicant's chief operator, or operator-in-charge.
South Carolina Code of Regulations › Chapter 51 - SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD › Section 51-7 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in S.C. Code Title 40, Chapter 23, and these regulations
A. "Direct Supervision" means supervision provided by a licensee who must (a) be on-site or immediately available to supervised persons via telephone, radio, or other electronic means: and (b) maintain continued involvement in appropriate aspects of each professional activity of the supervisee.
South Carolina Code of Regulations › Chapter 51 - SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD › Section 51-8 - Reciprocity

Current through Register Vol. 48, No. 6, June 28, 2024
As used in S.C. Code Section 40-23-240(B):
A. The board may license a person who is currently credentialed in another jurisdiction of the United States for licensed activities regulated by this chapter if the person demonstrates to the satisfaction of the board that they possess credentials, education, and experience that are the substantial equivalent of the requirements of this chapter for the licensed activity in question.
B. Upon receipt of an application for reciprocity, the board staff shall make a determination of completeness and either (1) approve, (2) deny, or (3) submit it to the relevant board member for a determination.
C. The relevant board member shall either (1) approve, (2) deny, or (3) refer the request to the full Environmental Certification Board for a decision at their next regularly-scheduled meeting.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 1 - ADMINISTRATION › Section 52-100 - State Ethics Commission

Current through Register Vol. 48, No. 6, June 28, 2024
A. The State Ethics Commission offices are located in Columbia, South Carolina.
B. The Commission transacts business weekdays 8:30 a.m. to 5:00 p.m. excluding State Holidays.
C. The State Ethics Commission remains in continuous session and meets regularly to transact business that comes before it.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-201 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
A. The purpose of these regulations is to set forth the procedures under which the State Ethics Commission administers the Ethics, Government Accountability, and Campaign Reform Act of 1991 (hereinafter the Act). These regulations shall be liberally construed to accomplish the intent and purpose of the Act and secure the just, speedy, and efficient determination of any action brought before the Commission.
B. These regulations repeal and replace Chapter 52 of the South Carolina Code of Regulations, 1976.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-202 - Severability

Current through Register Vol. 48, No. 6, June 28, 2024
A. If any provision, or the application of any provision, of this Chapter is determined to be invalid, null, or void, such determination shall not affect or invalidate any other provision, or the application of any other provision, of this Chapter, and to this end, the provisions or the application of any of the provisions of this Chapter shall be deemed severable.
B. [Reserved]
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-203 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Masculine words, whenever used in this Chapter, shall include the feminine and neuter, and the singular includes the plural, unless otherwise specified.
B. The following words or terms, when used in this Chapter, shall have the following meanings unless the context clearly requires a different meaning or a different definition is adopted for a particular provision.
(1) "Act" means The Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended.
(2) "Approving Official" means the Governor, statewide constitutional officer, President Pro Tempore of the Senate, or Speaker of the House as provided in Section 2-17-90(A)(6).
(3) "Calendar Year" means January 1 through December 31.
(4) "Commission" means the State Ethics Commission.
(5) "Complainant" means any person, including the Commission, who files a formal complaint alleging a violation of the Act.
(6) "Facts Sufficient" means a preliminary determination based on the face of the complaint of jurisdiction over the Respondent and whether the facts plead, if true, would constitute a violation of the Act.
(7) "Final disposition" means an order, subject to appeal, and consent orders.
(8) "Formal Advisory Opinion" means a written binding opinion of the Commission.
(9) "Groundless complaint" means a complaint dismissed due to lack of facts sufficient or upon a majority vote of the Commission or a Commission panel.
(10) "Informal Advisory Opinion" means a non-binding staff opinion issued under these regulations.
(11) "Paper" means any form, pleading, notice, order or other written document.
(12) "Probable Cause" means a determination that it is more likely than not that a violation of the Act will be found.
(13) "Request for Remediation" means a request to remedy the infraction charged in the notice of hearing.
(14) "Respondent" means a person charged in a complaint with a violation of the Act.
(15) "State or Local Economic Development" means a project approved as such pursuant to S.C. Code Section 2-17-90(A)(6) or (E).
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-204 - Official Forms and Documents

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission prepares and approves all forms required under the Act.
B. A person shall use a Commission form and shall not substitute another document for a form unless permitted by these Regulations or approved by the Commission. Photocopying or reproduction of a form on paper the same size and color is permitted, provided content is not altered.
C. All filings required under the Act shall be made by filing the original form or paper with the Commission.
D. Each information blank on a form shall be completed. Failure to provide all requested information on a form shall result in the filing being refused. The Commission may return an incomplete form to the sender with an explanation of its deficiency.
E. The following forms are available from the Commission. The Commission's forms are adopted by the Commission for use in complying with the registration and disclosure requirements of the Act.
(1) Campaign Disclosure Form;
(2) Candidate's Roster;
(3) Committee Statement Of Organization Form;
(4) Complaint Form;
(5) Consultant Disclosure Form;
(6) Contract Disclosure Form;
(7) Lobbyist Disclosure Form;
(8) Lobbyist Registration Form
(9) Lobbyist's Principal Registration Form;
(10) Lobbyist's Principal Disclosure Form;
(11) Rating Entity Registration Form;
(12) State Agency Lobbyist Registration Form;
(13) Statement of Economic Interests Form; and
(14) Successful Candidate's Roster.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-205 - Date of Filing with the Commission Defined

Current through Register Vol. 48, No. 6, June 28, 2024
A. The date of filing a form or paper with the Commission by first class mail, certified mail, hand delivery, or private courier is the date of receipt in the Commission's offices as indicated by the date stamped on the form or paper by an official Commission stamp; provided, however, a document accompanied by an affidavit of service shall receive the filing date set forth by affidavit.
B. To meet a filing deadline, a paper transmitted by facsimile is filed the date of receipt of the facsimile in the Commission's offices if the original signed paper is filed within ten days of the original filing deadline. The Commission shall consider a facsimile not to have been received if the original paper is not filed within ten days.
C. A form which is returned to the sender as incomplete is deemed filed on the initial date of receipt if the completed form is refiled with the Commission within ten days. A form which has been returned for completion and which is not refiled with the Commission within ten days shall be deemed not to have been filed.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-206 - Method of Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission serves hearing notices, Commission decisions and orders, and penalty assessment letters for late filing by certified mail, return receipt requested. Service is complete upon receipt as shown by the return receipt.
B. All other papers required to be served prior or subsequent to a hearing notice may be served by the Commission or the parties by depositing a copy in the United States mail, first class postage affixed thereto, and addressed to the recipient's last known address.
(1) Service by United States Postal Service, first class mail, is complete upon mailing.
(2) When service is by first class mail, 5 days shall be added to the prescribed period.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-207 - Effect of Signature

Current through Register Vol. 48, No. 6, June 28, 2024
A. All papers, including Commission forms, shall be signed by the filer, the party or by the party's attorney, and must show the address and telephone number of the filer, party or attorney.
B. The signature constitutes a certificate that the signer has read the document, knows the contents, that the contents are true as stated, except as to matters based on information and belief, and to those matters, the signer believes them to be true.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-208 - Computation of Time

Current through Register Vol. 48, No. 6, June 28, 2024
A. In computing any period of time prescribed or allowed by these regulations or statutes, the day of the act, event or default after which the period of time begins to run is not included. The last day is included unless it is a Saturday, Sunday or a State or Federal Holiday in which event the period runs until the end of the next day which is not a Saturday, Sunday or State or Federal holiday.
B. Extension of Time.
(1) In a contested case proceeding, when by these regulations, statute, notice or order of the Commission, an act is required or allowed to be done at or within a specified time, the time may be extended by written agreement of counsel for all parties for an additional period not exceeding the original time.
(2) In matters other than contested case proceedings, the Executive Director or his designee is authorized to extend the period of time as permitted by these regulations or statutes.
(3) In all other cases, the chair of the Commission panel or chair of the Commission may extend the period of time as permitted by these regulations, statutes or within his discretion.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-209 - Motions and Other Papers

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any application to the Commission for an order shall be made by motion and state with particularity the grounds and relief or order sought.
B. The requirement of writing is fulfilled if the motion is stated in a written notice of motion. The rules applicable to captions and other matters of form provided by the S.C. Rules of Civil Procedure apply.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-210 - Notice of Representation

Current through Register Vol. 48, No. 6, June 28, 2024
A. In a contested case, the Complainant and the Commission are represented by the Commission's attorney.
B. Other parties may be represented as follows:
(1) Individuals may appear on their own behalf;
(2) A member of a partnership may represent the partnership;
(3) An officer of a corporation, trust, committee or association may represent the corporation, trust, committee or association;
(4) An officer or employee of any governmental unit, agency, or authority may represent, appear and testify for that unit, agency, or authority;
(5) An attorney may represent any party.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-211 - Subpoenas

Current through Register Vol. 48, No. 6, June 28, 2024
A. A party may obtain a subpoena from the Commission signed but otherwise in blank.
B. The party shall serve a subpoena and file proof of service when necessary.
C. A person to whom a subpoena has been issued may move before a Commission panel for an order quashing or modifying the subpoena.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 2 - GENERAL › Section 52-212 - Amendments to Forms

Current through Register Vol. 48, No. 6, June 28, 2024
A. A form required to be filed under the Act may be amended at any time to report new and previously undisclosed information, information which by inadvertence and/or reasonable neglect was not previously reported, or supplemental information which at the time of the original filing was required to be disclosed but unavailable.
B. The filing of an amended form shall not be construed as an admission or expunge the filer from sanction for improper or late filing; provided, however, the fact that the amendment was filed may be taken into consideration in a proceeding to enforce compliance with the Act.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 3 - ADVISORY OPINIONS › Section 52-301 - Advisory Opinions, Generally

Current through Register Vol. 48, No. 6, June 28, 2024
A. An informal or formal advisory opinion may be requested by any person to whom the Act could reasonably be expected to apply. The request must be in writing and relate prospectively to a real or hypothetical set of facts or circumstances.
B. The Commission will not issue an advisory opinion to a third party about another person without authorization from the affected person.
C. It shall be the general practice of the Commission to consider advisory opinion requests having prospective application only. An opinion request requiring consideration of past conduct and/or events may be referred to the appropriate supervisory office and an investigation of any potential violation may be conducted.
D. A person requesting an advisory opinion may request confidentiality in which case his name and governmental entity will not be disclosed in the advisory opinion. Upon a majority vote of the Commission members present, a confidential advisory opinion may be discussed in executive session.
E. A request for opinion shall include the signature, address, and telephone number of the requestor and shall set forth a complete set of facts and circumstances giving rise to the request. Failure to disclose relevant information may void the opinion.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 3 - ADVISORY OPINIONS › Section 52-302 - Informal Advisory Opinions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon receipt of a request for opinion, the Commission will provide an informal advisory opinion, if appropriate. When a person receives an informal advisory opinion and believes the facts or law are contrary to the informal opinion, a formal opinion may be requested by writing the Commission and providing additional information and citation to law the requestor believes controlling, if any.
B. The full Commission will take the request for formal advisory opinion under consideration and issue a formal advisory opinion.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 3 - ADVISORY OPINIONS › Section 52-303 - Formal Advisory Opinions

Current through Register Vol. 48, No. 6, June 28, 2024
A. A formal advisory opinion shall be considered by the Commission at a public meeting. The person whose conduct is the subject of the request may appear at the meeting.
B. The Commission's written opinion will be provided to the requestor and made public unless the affected parties request confidentiality.
C. Formal advisory opinions are the final opinion of the Commission unless new and material facts are submitted which, in the opinion of staff and upon a majority vote of the Commission, warrant reconsideration.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 4 - LOBBYISTS, LOBBYIST'S PRINCIPALS AND RATING ENTITIES › Section 52-401 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. This Article governs the registration and disclosure requirements of lobbyists, lobbyist's principals and rating or ranking entities.
B. Only the original of a Commission form should be submitted for filing.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 4 - LOBBYISTS, LOBBYIST'S PRINCIPALS AND RATING ENTITIES › Section 52-402 - Lobbyist's and Lobbyist's Principal Registration, Termination, Supplemental Registration, Record Keeping, and Reregistration Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Lobbyists and lobbyist's principals shall register with the Commission.
(1) Registration is made by fully completing the appropriate form and filing the original along with the applicable filing fee with the Commission.
(2) If a partnership, committee, association, corporation, labor organization, or any other organization or group of persons registers as a lobbyist or lobbyist's principal, then it must identify each person who will act as a lobbyist on its behalf during the covered period.
(3) Each lobbyist, except full-time State employees whose activities are limited to efforts on behalf of that particular State agency and the State, shall pay the statutory filing fee at the time of registration.
(4) A registration form which is not fully completed or is not accompanied by a filing fee for each lobbyist and each lobbyist's principal shall not be accepted by the Commission for filing.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 4 - LOBBYISTS, LOBBYIST'S PRINCIPALS AND RATING ENTITIES › Section 52-403 - Lobbyists and Lobbyist's Principal Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each lobbyist and each lobbyist's principal, except as provided in subparagraph (C) below, shall no later than June thirtieth and January thirty-first of each year, file a report with the Commission covering the lobbyist's and lobbyist's principal's expenditures arising during the filing period.
B. The filing periods are from January first to May thirty-first for the June thirtieth report and from June first to December thirty-first for the January thirty-first report.
C. Economic Development. When an approving official determines that the confidentiality of a state or local economic development project would be compromised by disclosure under this regulation and the approving official indicates by prior written approval that disclosure of the information would jeopardize the negotiations in an economic development project, the following action must be taken:
(1) The approving official must state in writing that disclosure of information would jeopardize negotiations in an economic development project. The prior written approval must state the approving official authorizes non-disclosure, generally list the economic development project, provide the public official's or public employee's name and governmental entity, and bear the date of the writing and signature of the approving official. The approving official's prior written approval is confidential and must be boldly marked as such.
(2) If the approving official has given his approval, the lobbyist's principal must file a confidential disclosure form marked boldly "Confidential Economic Development" and report the amount of the expense(s) associated with the recipient and information about the expenditure at the time he files his June thirtieth or January thirty-first reports. The confidential disclosure form shall be filed in addition to the disclosure reports required by these regulations and the Act.
(3) A public official or public employee who is required to file a statement of economic interests and who accepts from a lobbyist's principal in conjunction with an economic development project lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal must report this information as required by the Act and Regulation 52-603.
(4) Confidential forms are not part of the public record until the approving official determines that public disclosure is appropriate and notifies the Commission in writing that public disclosure is appropriate.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 4 - LOBBYISTS, LOBBYIST'S PRINCIPALS AND RATING ENTITIES › Section 52-404 - Registration of Rating or Ranking Entities

Current through Register Vol. 48, No. 6, June 28, 2024
A. An entity which ranks or rates the actions, vote, or failure to act or vote of the Governor, the Lieutenant Governor, or a member or committee of the General Assembly as to any action, vote, or failure to act or vote by these public officials and which disseminates its rankings or ratings to the general public must no later than April first of each year file a Rating Entity Registration Form with the Commission.
B. Failure to file the required registration form is subject to sanction in the same method, manner and amount as provided for lobbyists and lobbyist's principals.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 4 - LOBBYISTS, LOBBYIST'S PRINCIPALS AND RATING ENTITIES › Section 52-405 - Administrative Enforcement of Registration and Reporting of Lobbyists, Lobbyist's Principals and Rating Entities Activities and Expenditures

Current through Register Vol. 48, No. 6, June 28, 2024
A. In addition to any other penalty provided by law, the Commission shall assess a civil penalty in the amount authorized by the Act if a required form is not filed within ten days after the statutory deadline.
(1) After the statutory deadline and the expiration of ten days, the Commission will notify the filer by certified mail that the required statement has not been filed and that a statutory fine has been assessed.
(2) If the required report is not received within ten days of receipt of the certified mail notice, the fine shall increase, in an amount provided by statute, for each additional calendar day in which the required statement is not filed.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 5 - CAMPAIGN PRACTICES AND REPORTS › Section 52-501 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Article governs the campaign practices and reporting requirements of all committees and all candidates for public office in this State except for members of or candidates for the office of State Senator or State Representative; members of or candidates for Federal office; members of or candidates for the Judiciary; however, probate judges are subject to these regulations.
B. The Commission's Committee Statement of Organization and Campaign Disclosure Forms are the forms adopted by the Commission for use in complying with the registration and disclosure requirements of the Act.
C. Committee Statement of Organization and Campaign Disclosure Forms must be filed electronically using the Commission's electronic filing system.
D. All candidates or committees must maintain and preserve all records substantiating the information required by this Article and the Act for four years. These records shall be made available to the Commission upon request without charge.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 5 - CAMPAIGN PRACTICES AND REPORTS › Section 52-502 - Responsibility of Persons Accepting Declarations of Candidacy or Petitions for Nomination

Current through Register Vol. 48, No. 6, June 28, 2024
A. This regulation applies to candidates to publicly elected offices and does not apply to persons appointed or elected on advice and consent of either or both houses of the General Assembly and/or the Governor.
B. No later than five business days after the candidacy books close, the official receiving the declarations of candidacy or petitions for nomination shall electronically file the Roster of Candidates with the Commission.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 5 - CAMPAIGN PRACTICES AND REPORTS › Section 52-503 - Committees Receiving or Spending Funds to Influence Elections Must Register

Current through Register Vol. 48, No. 6, June 28, 2024
A. A committee must file an initial Statement of Organization and an amended Statement of Organization to record a change in any information previously reported in the initial Statement of Organization.
(1) A Statement may be amended by marking the form "AMENDED" and completing and filing the form.
(2) The amended form must be filed with the Commission no later than ten days from the date of the change(s).
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 5 - CAMPAIGN PRACTICES AND REPORTS › Section 52-504 - Candidate's and Committee's Campaign Reports

Current through Register Vol. 48, No. 6, June 28, 2024
A. Contributions and expenditures to candidates and committees are reported on the Commission's "Campaign Disclosure Form." This form is the official form required to be filed to satisfy the reporting requirements under the Act.
B. Quarterly Reports. After filing an "initial" Campaign Disclosure Form, updated Quarterly Campaign Disclosure Forms must be filed for each calendar quarter both before and after the election.
(1) Calendar quarters are January 1 through March 31; April 1 though June 30; July 1 through September 30; and October 1 through December 31.
(2) The quarterly reports must be filed no than ten days following the end of the quarter, e.g., April 10, July 10, October 10, and January 10.
(3) For each calendar quarter, complete the Campaign Disclosure Form reporting transactions occurring during the quarter.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 5 - CAMPAIGN PRACTICES AND REPORTS › Section 52-505 - Committees Registered with the Federal Election Commission

Current through Register Vol. 48, No. 6, June 28, 2024
A. Committees registered with the Federal Election Commission may, in lieu of filing the Campaign Disclosure Form, file a copy of the appropriate FEC report.
B. A committee electing this method of reporting shall adhere to the deadlines established by the Act and these regulations for filing a Campaign Disclosure Form.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 5 - CAMPAIGN PRACTICES AND REPORTS › Section 52-506 - Administrative Enforcement of Candidate's and Committee's Registration and Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. In addition to any other penalty provided by law, the Commission shall assess a civil penalty as provided in the Act against any person or committee who fails to file or files late a registration form or disclosure form.
(1) After the statutory deadline and the expiration of five days, the Commission will notify the filer by certified mail that the required form has not been filed and that a statutory fine has been assessed.
(2) If the required report is not received within ten days of receipt of the certified mail notice, the fine shall increase, in an amount provided by statute, for each additional calendar day in which the required statement is not filed.