reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 6 - STATEMENT OF ECONOMIC INTERESTS AND CONTRACT DISCLOSURE FORMS › Section 52-601 - Candidates' and Incumbents' Statements of Economic Interests

Current through Register Vol. 48, No. 6, June 28, 2024
A. This regulation governs the filing of a Statement of Economic Interest for all candidates for public office in this State except for members of or candidates to the office of State Senator and State Representative, candidates to or members of Federal office, candidates for or members of the judiciary except for probate judges and persons who are public officials and have filed a statement in the same calendar year as the year in which they file a declaration for candidacy or petition for nomination.
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 submit the Candidates Roster to the Commission.
C. On the fifth day following the election, the election official shall file a Successful Candidate Roster with the Commission providing the successful candidate's name and elected position.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 6 - STATEMENT OF ECONOMIC INTERESTS AND CONTRACT DISCLOSURE FORMS › Section 52-602 - Persons Required to File Statements of Economic Interests and Agencies Required to File Contract Disclosure Forms

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission sends each governmental entity an Entity Listing Form annually. The Entity Listing Form solicits information about those persons associated with the governmental entity who are registered with the Commission as required to file a Statement of Economic Interests.
(1) The governmental entity's chief administrative official or employee, by whatever title, shall review the Entity Listing Form and determine its correctness.
(2) Within thirty days, the chief administrative official shall certify the Entity Listing showing official's, member's, or employee's filing status, their names and addresses, any additional persons associated with the governmental entity who are required to file a Statement of Economic Interest, and return the Form to the Commission.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 6 - STATEMENT OF ECONOMIC INTERESTS AND CONTRACT DISCLOSURE FORMS › Section 52-603 - Confidential Statements of Economic Interests

Current through Register Vol. 48, No. 6, June 28, 2024
A. A public official or public employee who is required to file a statement of economic interests and who accepts from a lobbyist's principal pursuant to Section 2-17-90(A)(6) lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal must report this information on his Statement of Economic Interests unless pursuant to Section 2-17-90(E), the approving official determines that the confidentiality of a state or local economic development project would be compromised by disclosure. If the approving official determines that the confidentiality of a state or local economic development project would be compromised by disclosure, the following action must be taken:
(1) The approving official must give prior written approval, stating 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.
(2) The approving official's prior written approval is confidential. It must be marked "Confidential" and filed with the "Confidential" Statement of Economic Interests as provided below.
(3) On or before April 15, the public official or public employee shall file a separate Statement of Economic Interests marked "Confidential" and attach to it a copy of the prior written approval. The public official or employee must disclose only the value of the thing of value received with a notation "for economic development - confidential".
(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 6 - STATEMENT OF ECONOMIC INTERESTS AND CONTRACT DISCLOSURE FORMS › Section 52-604 - Reporting by Persons Not Required to File a Statement of Economic Interest

Current through Register Vol. 48, No. 6, June 28, 2024
A. A public official or public employee who is not required to file a Statement of Economic Interests but who is paid or reimbursed actual expenses for a speaking engagement must report the information in writing to the chief administrative official or employee of the agency with which the public official or public employee is associated.
B. Failure to report may result in late filing penalties as provided in R. 52-506 or a complaint action being instituted.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 6 - STATEMENT OF ECONOMIC INTERESTS AND CONTRACT DISCLOSURE FORMS › Section 52-605 - Approval for Out-of-State Expenses

Current through Register Vol. 48, No. 6, June 28, 2024
A. If out of state expenses are incurred by a public official or public employee for speaking before a public or private group prior written approval for the payment or reimbursement must be obtained from the appropriate approving official prior to incurring the expense or receiving reimbursement.
B. A copy of the written approval for out of state expenses must be attached to the Statement of Economic Interests.
C. If the official or employee does not file a Statement of Economic Interests, the approval must be maintained by the approving official.
D. Failure to report as provided herein may result in the assessment of a late filing penalty.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 6 - STATEMENT OF ECONOMIC INTERESTS AND CONTRACT DISCLOSURE FORMS › Section 52-606 - Consultant's Disclosure Forms

Current through Register Vol. 48, No. 6, June 28, 2024
A. A consultant shall file the original and one copy of a Consultant's Disclosure Form no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State.
B. A consultant shall file an original and one copy of an updated Consultant's Disclosure Form no later than ten days from the date the consultant knows or should have known that a new economic interest(s) in an entity with whom he is consulting has arisen and in which the consultant or a member of the consultant's immediate family has economic interests:
(1) where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or
(2) where the entity was awarded a contract by the consultant.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 6 - STATEMENT OF ECONOMIC INTERESTS AND CONTRACT DISCLOSURE FORMS › Section 52-607 - Candidates' and Incumbents' Statements of Economic Interests

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission's Statement of Economic Interests Form and the Contract Disclosure Form are the official forms required to be filed with the Commission in order to comply with the disclosure requirements required under the Act and this Regulation.
B. The Statement of Economic Interests reporting period is the previous calendar year from January 1, through December 31. The first Statement of Economic Interest is required to be filed upon taking the oath of office or being employed with the State or political subdivision. Thereafter, an annual updated Statement is required to be filed with the Commission no later than March 30. The Contract Disclosure Form reporting period is for the fiscal year of July 1, through June 30 of each year and is due on June 30 of each year.
C. A person required to file a Statement who is no longer in office on March 30 of the year following the first filing, is not required to file an updated Statement.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 6 - STATEMENT OF ECONOMIC INTERESTS AND CONTRACT DISCLOSURE FORMS › Section 52-608 - Administrative Enforcement

Current through Register Vol. 48, No. 6, June 28, 2024
A. In addition to any other penalty provided by law, the Commission may impose a penalty as provided in R. 52-506 for failure to file or filing late the forms required under this regulation and the Act.
B. [Reserved]
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-701 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. These regulations contain the procedures established by the commission for contested case hearings before the Commission.
B. Hearings will be conducted as expeditiously and efficiently as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-702 - Initiating a Complaint

Current through Register Vol. 48, No. 6, June 28, 2024
A. A complaint may be filed against any person covered by the Act.
B. Jurisdiction over complaints concerning a Probate Judge or candidates for the office of Probate Judge extend to allegations of the campaign practices, campaign disclosure, and disclosure of economic interests provisions of the Act.
C. For purposes of the statute of limitations the date on which a complaint is filed in the Commission offices is the date the action is commenced.
D. The Commission's Complaint Form is the official form for use in filing a complaint. The Form must be completed in full and contain a statement of facts concerning the allegations forming the foundation of the complaint. The complaint must identity the Respondent with specificity and bear the signature of the Complainant.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-703 - Parties to the Proceeding

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon receipt of a complaint, the complaint shall be captioned to show the name of the person against whom the complaint is filed as the Respondent and the person, if any, filing the complaint as the Complainant.
B. The Commission may file a complaint on its own motion in which case the Commission's name shall be shown in the complaint as the Complainant.
C. In any proceeding before the Commission, the Commission may take such action as it deems necessary and appropriate to accomplish the purposes and intent of the Act including dismissing, settling, prosecuting, and referring for indictment violations of the Act with or without the consent of the person, if any, filing the complaint.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-704 - Complaint Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon receipt of a complaint, the Commission sends a copy of the complaint to the Respondent advising that a complaint has been received.
(1) The Executive Director or his designee reviews the complaint and determines if there are facts sufficient to warrant going forward with an investigation.
(2) If the Executive Director or his designee determines the facts are not sufficient, the complaint is dismissed; the parties notified; and the matter is stricken from the public record. The existence of a complaint and dismissal remains confidential unless the Respondent waives confidentiality in writing.
(3) A complaint which has been dismissed may be refiled to allege new or additional facts.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-705 - Investigation of Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
A. The purpose of an investigation is to determine whether probable cause exists to believe a violation of law has occurred which may subject the Respondent to sanctions by the Commission, criminal prosecution by the State, and/or civil liability, as appropriate.
B. The notice of investigation may request information and documents, by subpoena or otherwise, which shall be supplied by any person.
C. The investigation shall consider the allegations raised in the complaint or information; any timely received written response of the Respondent; any oral response received from the Respondent; other evidence submitted by any person to the Commission and other evidence gathered by the Commission.
(1) During the investigation, the Commission may interview witnesses, issue subpoenas for persons and documents, and take such other action as is necessary to prepare a preliminary determination of the facts relating to the issues alleged in the complaint.
(2) If, in the course of the investigation, other issues involving potential violations of the law are found, those issues shall likewise be investigated.
(3) After completion of the investigation, the Commission staff will present a written report of investigation to the Commission with findings of fact, conclusions of law and a recommendation whether probable cause exists.
(a) If the Commission determines that probable cause exists, it shall issue a notice of hearing and convene a formal hearing before a panel of three Commissioners.
(b) If the Commission determines that probable cause does not exist, it shall dismiss the complaint. If the complaint is found groundless by a vote of the Commission, the complaint shall be dismissed and stricken from public record. All records of a complaint found to be groundless shall remain confidential unless the Respondent waives confidentiality in writing. A complaint which has been dismissed may be refiled to allege new or additional facts.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-706 - Amendment and Withdrawal of Complaint

Current through Register Vol. 48, No. 6, June 28, 2024
A. A complaint may be amended at any time prior to a hearing on the merits with proper notice to all parties.
B. At the hearing, the complaint may be amended with the approval of the hearing panel. When a complaint is amended, either party may request a continuance pursuant to R. 52-715.
C. Complaints may be withdrawn at any time prior to a determination of probable cause. After a determination of probable cause, a complaint may be withdrawn only upon approval of the Commission.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-707 - Hearing Notice

Current through Register Vol. 48, No. 6, June 28, 2024
A. A notice of hearing is issued at least thirty days before the scheduled hearing. The Notice contains the file number, the name and address of the Commission's attorney, and the date, time and place at which the Respondent shall appear and defend the charges alleged in the notice.
B. The notice shall notify the Respondent that in case of his failure to appear, judgment by default will be rendered against him.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-708 - Request for Remediation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon a finding of probable cause and the issuance of a hearing notice, a request to remedy the alleged violation may be made.
B. Upon receipt of a request for remediation, the Respondent may take the remedial action recommended by the Commission to cure the infraction including payment of a fine or reimbursement to a governmental entity.
(1) Compliance with the request for remediation and proof thereof obviates the need for a hearing and the Commission shall by order dismiss the action.
(2) The order shall be a public record and the final disposition of the matter.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-709 - Respondent's Answer to Complaint

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon the issuance of a hearing notice, the Respondent may, but is not required, to file an answer.
B. Each allegation made in the complaint and hearing notice is deemed denied; provided, however that special and affirmative defenses shall be made by responsive pleading no later than 30 days from the date of service of the hearing notice.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-710 - Discovery

Current through Register Vol. 48, No. 6, June 28, 2024
A. In addition to the information previously gathered in the course of the investigation, the parties may engage in additional discovery.
B. All parties to the proceedings are entitled to engage in discovery as provided in the Administrative Procedures Act and the Act to the extent that depositions may be taken. The rules concerning the taking of and use of depositions as stated in the South Carolina Rules of Civil Procedure shall apply.
C. Upon motion of any party, the Commission may grant the use of interrogatories and requests for admissions under the South Carolina Rules of Civil Procedure.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-711 - Admission of Expert's Reports and Other Forms of Written Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. Expert's reports and other evidence in written form including affidavits may be considered at the hearing as provided below.
(1) A notice and a copy of the writing must be served on the Commission and any other counsel of record or parties appearing pro se at least seven days before the scheduled hearing.
(2) The notice shall contain a complete copy of the writing to be offered at the hearing and state the name, address, telephone number and title of the person making the writing, whether the written report is being offered as expert's evidence and, if so, the qualifications of the expert, including but not limited to the expert's curriculum vitae.
(3) The opposing party may stipulate in writing to admit the writing into evidence. Failure to file a written stipulation of agreement shall be deemed an objection to admit the writing.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-712 - Presentation of Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. All available evidence and testimony shall be presented at the scheduled hearing or a party must move for adjournment.
B. Adjournment may be granted in order to take the testimony by deposition or at a hearing reconvened at a later date.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-713 - Conduct of Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
A. A hearing is held before three members of the State Ethics Commission randomly selected from the entire Commission membership. One Commissioner is designated the Panel Chair who shall have the authority to hear preliminary and interlocutory matters and take such other action as is necessary to conduct the hearing.
B. In the event that a hearing panel member is unable to attend a hearing, the hearing will proceed with the remaining members present. The absent member will be provided the record of the hearing prior to entering his vote.
C. In the event that a hearing panel member is unable to render a decision due to illness or incapacity, the Panel Chair shall draw the name of another Commission member to review the record and enter his vote.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-714 - Burden of Proof

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission panel shall consider the evidence and testimony presented at the hearing and enter their decision with a statement of the findings of fact, conclusions of law and other matters pertinent to the questions at issue. The decision and order shall be filed with the record and copy served on the parties.
B. The burden is on the Complainant to establish by the preponderance of evidence the facts required to find a violation of the Act.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-715 - Continuance, Postponement and Adjournment

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Panel Chair may grant a continuance, postpone a hearing or adjourn a hearing to a later date or to a different place by order or upon motion at a hearing.
B. Failure of a party to appear at a hearing may result in the Hearing Panel basing its decision on a review of available documentation and the presentation of evidence.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-716 - Final Disposition and Order

Current through Register Vol. 48, No. 6, June 28, 2024
A. At the close of the case, the Commissioners shall confer and together enter their decision by written order.
B. The panel's decision and order shall be the final disposition of a complaint.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-717 - Record of Hearing and Transcripts

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission will cause all proceedings to be recorded and maintained for a period of four years after the completion of the proceeding.
B. A person may request a transcript of a hearing by writing the Commission. The Commission will cause a transcript of the proceedings to be prepared at the requestor's expense. The Commission may request payment in advance.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 7 - CONTESTED CASE PROCEDURE › Section 52-718 - Confidentiality of Proceedings

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Respondent may waive the confidentiality of the proceeding in writing filed with the Commission.
B. The requirements of confidentiality do not apply to the following:
(1) Providing the identity of the Complainant to the Respondent.
(2) Disclosing information by the Commission or its staff necessary to conduct an investigation and hearing, to issue subpoenas, and any other action related to the contested case proceedings.
(3) Referring or releasing information to another prosecuting authority.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 8 - APPELLATE PRACTICE › Section 52-801 - Filing an Appeal

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Respondent may request a review of the panel's decision and order by filing a request for review in writing with the Commission within ten days of the date of service of the panel's decision and order. The ten day period is jurisdictional and may not be extended.
B. The grounds for review must be set out in detail. Each question must direct the Commission's attention to a finding of fact or conclusion of law the appellant believes in error. Reference to evidence must be by title and exhibit number.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 8 - APPELLATE PRACTICE › Section 52-802 - Notice of Appellate Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission serves a notice of appeal hearing at least thirty days prior to the date of the appellate hearing.
B. The notice states the date, place and time of the hearing. The Appellant shall file a brief within ten days of the date of service of the notice.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 8 - APPELLATE PRACTICE › Section 52-803 - Briefs

Current through Register Vol. 48, No. 6, June 28, 2024
A. The appellant shall file the brief with proof of service with the Commission within ten days of the date of service of the Appellate Hearing notice.
B. The Commission may file a responsive brief and proof of service on the Appellant within ten days of the service of the appellant's brief.
C. The Appellant may file a reply brief with proof of service within ten days of service of the Commission's responsive brief, if any. No further briefs are permitted unless requested by the Commission.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 8 - APPELLATE PRACTICE › Section 52-804 - Oral Argument

Current through Register Vol. 48, No. 6, June 28, 2024
A. Oral argument will be granted unless waived in writing prior to the scheduling of same.
B. The appellant shall open and close the argument. The opening argument shall include a statement of the relevant facts. Unless otherwise permitted by the Commission, counsel will not be permitted to read from books, briefs, records, or authorities cited. If any party fails to appear, the Commission will hear argument on behalf of the parties present. If no party appears, the case will be decided on the briefs unless the Commission shall otherwise order.
C. The length of time allotted for oral argument shall be determined by the Commission. The Commission shall notify all parties of the time allotted at the call of the case.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 8 - APPELLATE PRACTICE › Section 52-805 - Composition of the Panel for Full Commission Review

Current through Register Vol. 48, No. 6, June 28, 2024
A. Full Commission review is conducted by a panel of the remaining members of the commission excluding the original hearing Commissioners. The order of review panel is the final disposition of the case.
B. The Commissioners reviewing the case may confer and receive advice from an attorney assigned to it by the Attorney General's office, if any.
C. A majority vote of the review panel shall constitute the decision of the panel. The original hearing Commissioners' decision is neither a vote, nor shall it be considered as a vote, of the Commission's final decision.
D. If a commissioner is temporarily incapacitated or otherwise unable to appear at oral argument, review may be conducted by the remaining Commissioners and the absent Commissioner may cast his vote based on the record.
E. The three member panel decision and order may be modified in whole or in part by the Commission on review. On review, the Commissioners shall issue its order per curiam. An individual commissioner may file a dissenting opinion.
F. If the Appellate Panel cannot agree, the Panel may remand the matter to a hearing panel with instructions.
G. If a member of the Appellate Panel fails to register a vote within 60 days of the date of the review, the Commissioner is deemed to have abstained and his vote recorded accordingly.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 8 - APPELLATE PRACTICE › Section 52-806 - Standard of Review

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission shall review the three member hearing panel's decision and order and reconsider the evidence, receive further evidence, rehear the parties or their representatives, and enter an order amending, affirming or modifying the panel's decision.
B. The review is based on the record and oral argument, if any, presented to the Commission.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 8 - APPELLATE PRACTICE › Section 52-807 - Additional Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. When additional evidence is necessary for the completion of the record in a case on review, the Commission may, in its discretion, order such evidence taken before a single commissioner or a panel.
B. A party seeking to admit additional evidence into the record shall file a motion and affidavit with the Commission.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 9 - BLIND TRUSTS › Section 52-901 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. A Blind Trust is any trust in which a public official, public member, public employee, candidate for elective office, or a member of his household has a beneficial interest in the principal or income and the trustee of the trust is a financial institution, an attorney, a certified public accountant, a broker, or an investment adviser who (a) is independent of and not associated with any interested party so that the trustee cannot be controlled or influenced in the administration of the trust by any interested party; (b) is not or has not been an employee of any interested party, or any organization affiliated with any interested party, and is not a partner of or involved in any joint venture or other investment with any interested party; and (c) is not a relative of any interested party.
B. [Reserved]
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 9 - BLIND TRUSTS › Section 52-902 - Requirements of Trust Instrument

Current through Register Vol. 48, No. 6, June 28, 2024
A. The trust instrument which establishes the trust must provide:
(1) that the trustee has full and complete authority to manage and control, including the transfer and sale of the assets of the trust, without consulting or notifying any interested party;
(2) the trust does not contain any asset the holding of which by any interested party is prohibited by any law or regulation;
(3) the trust tax return is prepared by the trustee or his designee, and any information relating thereto is not be disclosed to any interested party (except as may be used to itemize trust income summarized in appropriate categories); and
(4) a prohibition concerning communication between the trustee and any interested party concerning the holdings or sources of income of the trust except amounts of cash value or net income or loss; however, such report must not identify any asset or holding.
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 9 - BLIND TRUSTS › Section 52-903 - Effect

Current through Register Vol. 48, No. 6, June 28, 2024
A. A public employee, public member or public official is not be prohibited from taking actions or making decisions concerning a financial interest in a blind trust organized and administered in accordance with this regulation, provided that the Commission has on file the material required in this regulation.
B. [Reserved]
South Carolina Code of Regulations › Chapter 52 - STATE ETHICS COMMISSION › Article 10 - EFFECTIVE DATE › Section 52-1001 - Repeal of Existing Regulations and Adoption of Articles 1 through 10, Inclusive

Current through Register Vol. 48, No. 6, June 28, 2024
A. Existing Regulations 52-1.1 through 52-10.1 inclusive, are repealed and replaced upon adoption of these Regulations pursuant to the Administrative Procedures Act.
B. The Regulations in Chapter 52, Articles 1 through 10, inclusive shall apply to all matters filed or arising after the effective date of these Regulations.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-2 - Officers

Current through Register Vol. 48, No. 6, June 28, 2024
The Board will elect officers each year. The following officers will be elected:
(A) Chairman-whose duties shall be to:
(1) Preside at meetings of the Board.
(2) Appoint all committees.
(3) Sign all certificates and other official documents.
(4) Call special meetings as required.
(5) Perform all duties pertaining to the office of the Chairman.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-3 - Meetings

Current through Register Vol. 48, No. 6, June 28, 2024
Regular meetings of the Board will be held in Columbia at least twice each year.
Special meetings of the Board will be called by the Chairman by giving notice as required by S.C. Code Section 30-4-80.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-5 - Seals

Current through Register Vol. 48, No. 6, June 28, 2024
The Seal of the Board was adopted at the meeting on October 13,
			 1961. It shall be used on all official papers, registration certificates and
			 other formal documents of the Board.
Each registered forester may use an impression seal or stamp on
			 his plans, maps, specifications and reports. The seal shall be circular, 1 and
			 5/8 inches in diameter and the stamp shall be 1 and 3/4 inches in diameter both
			 of which are standard size. Both designs shall be similar to the
			 following:
SOUTH CAROLINA
SOUTH CAROLINA
Registered Forester No. 3
Registered Forester No. 3
W. J. BARKER
W. J. BARKER
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-7 - Application for Registration

Current through Register Vol. 48, No. 6, June 28, 2024
Requests for registration will be made to the Department of Labor, Licensing and Regulation, State Board of Registration for Foresters. Application forms will be supplied upon request.
Applicants shall supply all information requested on the forms or otherwise required. In each case, the applicant must provide proof, satisfactory to the Board, that he meets requirements for registration. Failure to follow the instructions will necessitate rejection of the application or its return for completion.
Applications will be accompanied by check, money order, or electronic payment in an amount as set by the Board. The application fee is non-refundable.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-8 - Requirements for Registration

Current through Register Vol. 48, No. 6, June 28, 2024
The following shall be considered as minimum evidence satisfactory to the Board that the applicant is qualified for registration as a registered forester:
(A) Examination. All applicants shall take and pass the examination for registration. The examination for registration is a two-part examination:
Part One is the Certified Forester (CF) Examination, and Part Two is the South Carolina Specific Examination.
(B) Education and Experience:
(1) Applicants who have graduated from a curriculum in forestry of four years or more in a department, school, or college approved by the board must have a specific record of an additional two years or more experience in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry; or
(2) Applicants who have not graduated from a curriculum in forestry as provided in (1) above, must have a specific record of six years or more of practice in forestry of a character satisfactory to the board and indicating that the applicant is competent to practice forestry.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-9 - Renewal of License, Lapsed License, and Reinstatement

Current through Register Vol. 48, No. 6, June 28, 2024
Licenses shall expire on June 30th, every two years on the odd numbered year, and shall become invalid on that date unless renewed. At least one month prior to expiration date of any license, the Department will notify each registrant of the date of expiration of his license and the fee required for its renewal for two years. Renewal payment must be made during the month of June every two years, or within the ensuing 3 months, by payment of an additional fee set by the Board for each month or fraction thereof beyond the month of June. The Board will make an exception to the foregoing renewal provisions in the case of a person who is in the Armed Services of the United States.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-10 - Registration Determination

Current through Register Vol. 48, No. 6, June 28, 2024
Registration will be determined on a basis of individual,
			 personal qualifications and no firm, company, partnership, or corporations
			 shall be licensed. That is, only natural persons shall be licensed to practice
			 forestry in this state.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-11 - Reciprocity

Current through Register Vol. 48, No. 6, June 28, 2024
Any applicant licensed to practice forestry by any other state or country whose requirements are determined by the Board to be commensurate with the requirements of this state and upon satisfactory review of the applicant's record in the state or country of licensure may be registered to practice forestry in this state upon payment of a fee set by the Board and passing the Part 2 South Carolina Specific Examination.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-12 - Address Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
Each registrant shall notify the Board of his current mailing
			 address. The registrant shall notify the Board of any change of address within
			 10 days of such change. Service or notice by mail shall be sufficient notice
			 for purposes of this act and regulation.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-13 - Statement of Guiding Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For other forestry definitions the board will be guided by the
			 most current version of the Dictionary of Forestry, published by the Society of
			 American Foresters.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-14 - Exceptions

Current through Register Vol. 48, No. 6, June 28, 2024
Exceptions to the prohibited acts stated in Section 48-27-120 of the 1976 Code shall be:
(A) Marking timber as a member of a crew, under the supervision of a registered forester, without responsibility for determination of objectives, volumes, values or other purposes for which the timber is being marked.
(B) Scaling of severed forest products.
(C) Management of woodyards, and the duties incident thereto.
(D) Cutting, hauling, loading, storing and processing forest products.
(E) Forest workers or forest fire fighters, including tractor plow operators, fire or crew bosses, dispatchers, lookouts, scouts, crew foremen, forest pest control workers, and the similar workers as determined by the Board.
(F) Silvicultural practices such as reforestation and timber stand improvements unless the individual has responsibility for any technical determinations and not just physical labor involved in applying the practices.
(G) The buying and selling of timber or woodlands unless engaged in the practice of forestry in connection with the transaction.
(H) Compassmen and tallymen in timber cruising parties supervised by a registered forester.
(I) Regular employees of persons owning lands on which forestry practices are being conducted by the landowner.
South Carolina Code of Regulations › Chapter 53 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF REGISTRATION FOR FORESTERS › Section 53-15 - Code of Ethics

Current through Register Vol. 48, No. 6, June 28, 2024
The most current version of the Code of Ethics as recommended by
			 the Society of American Foresters is hereby adopted as the standards of
			 professional conduct for all foresters in this state.
South Carolina Code of Regulations › Chapter 55 - STATE COMMISSION OF FORESTRY › Section 55-11 - Price Changes for Forest Tree Seedlings

Current through Register Vol. 48, No. 6, June 28, 2024
The price charged for forest tree seedlings shall be established
			 each year by the South Carolina Forestry Commission. Said prices not to exceed
			 the average direct cost of production of forest tree seedlings. The price list
			 is to be available in print from South Carolina Forestry Commission office
			 locations and electronically online.
South Carolina Code of Regulations › Chapter 57 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE › Article 1 - DEFINITIONS › Section 57-01 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Definitions found in Section
				40-19-20
				apply to this chapter.
(A)
			 "Supervision" means protective oversight, including review, timely quality
			 control, and inspection to assist the supervisee in preparing for practice and
			 strengthening the skills of the supervisee. When the apprentice is assisting
			 with funeral directing activities or embalming activities, the supervisor must
			 be present on the premises and readily available.
(B) "Continuing education" means an organized
			 educational program designed to expand a licensee's knowledge base beyond the
			 basic entry level educational requirements.
(C) "Contact hour" means a minimum of fifty
			 (50) minutes of instruction.
(D)
			 "Full-Time Employee" means a person whose work schedule requires that the
			 employee be present a minimum of thirty-five (35) hours per week for the entire
			 normal year of operation.
(E)
			 "Cremains" means the remains of a cremated human body.
(F) "Crematory" means a facility equipped
			 with a gas fired cremation retort specifically designed use in cremation of
			 human remains.
(G) "Cremation
			 Casket" means a casket specifically designed for holding, viewing, transporting
			 human remains and must meet the requirements listed in item (H)
			 below.
(H) "Alternative container"
			 means a receptacle, other than a casket, in which human remains are transported
			 to a crematory and placed in a cremation chamber for cremation. An alternative
			 container or cremation casket must be:
(1)
			 composed of readily combustible materials suitable for cremation;
(2) resistant to leakage or
			 spillage;
(3) rigid enough for
			 handling with ease;
(4) able to
			 provide protection for the health, safety, and personal integrity of crematory
			 personnel.
South Carolina Code of Regulations › Chapter 57 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE › Article 2 - OFFICERS OF BOARD; MEETINGS › Section 57-02 - Officers of Board

Current through Register Vol. 48, No. 6, June 28, 2024
The Board shall elect annually from among its members a
				president, vice-president, secretary-treasurer, and other officers as the Board
				determines necessary.
South Carolina Code of Regulations › Chapter 57 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE › Article 2 - OFFICERS OF BOARD; MEETINGS › Section 57-03 - Meetings

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Board shall
			 meet at least two (2) times a year and at other times upon the call of the
			 president or a majority of the Board members.
(B) A majority of the members of the Board
			 constitutes a quorum; however, if there is a vacancy on the Board, a majority
			 of the members serving constitutes a quorum.
(C) Board members are required to attend
			 meetings or to provide proper notice and justification of inability to do so.
			 Unexcused absences from meetings may result in removal from the Board as
			 provided in Section
			 1-3-240,
			 South Carolina Code of Laws 1976, as amended. Affirmative action of the Board
			 is required to approve an excused absence and is entirely within the Board's
			 discretion.
South Carolina Code of Regulations › Chapter 57 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE › Article 3 - LICENSING PROVISIONS › Section 57-04 - General Licensing Provisions for Embalmers

Current through Register Vol. 48, No. 6, June 28, 2024
An applicant for initial licensure as an embalmer must:
(A) be at least eighteen (18) years of age;
			 and
(B) submit an application on
			 forms approved by the Board, along with the required fee; and
(C) submit evidence of successful completion
			 of a course of study in an embalming college accredited by the American Board
			 of Funeral Service Education and approved by the Board; and
(D) submit evidence of a passing score of at
			 least seventy-five (75) on an examination approved by the Board; and
(E) submit evidence of successful completion
			 of a minimum of twenty-four (24) months of full time service as an apprentice
			 under the direct supervision of a licensed embalmer approved by the Board;
			 and
(F) has not been convicted of a
			 violent crime or found guilty of a felony or crime of moral
			 turpitude.
South Carolina Code of Regulations › Chapter 57 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE › Article 3 - LICENSING PROVISIONS › Section 57-05 - General Licensing Provisions for Funeral Directors

Current through Register Vol. 48, No. 6, June 28, 2024
An applicant for initial licensure as a funeral director
				must:
(A) be at least eighteen (18)
			 years of age; and
(B) submit an
			 application on forms approved by the Board, along with the required fee;
			 and
(C) submit evidence of a high
			 school diploma, or its equivalent and successful completion of a one-year
			 course in an accredited mortuary college, successful completion of a bachelor's
			 degree from a regionally accredited college or university or successful
			 completion of sixty (60) semester hours at a regionally accredited college or
			 university, including a minimum of twenty-four (24) semester hours divided
			 among at least four (4) of the following areas:
(1) Psychological Sciences: This area may
			 include courses in General Psychology, Guidance/Counseling, General Sociology,
			 and other Psychology courses; and
(2) Business: This area may include courses
			 in Accounting, Business Law, Math/Logic, Business Management, Typing, and
			 Computer Science; and
(3) English:
			 This area may include English, English Literature, and English Composition;
			 and
(4) Natural/Biological/Physical
			 Sciences: This area may include courses in Chemistry, Biology, Pathology,
			 Microbiology, and Physiology; and
(5) Religion: This area may include courses
			 in Religion, Bible, and Bible History; and
South Carolina Code of Regulations › Chapter 57 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE › Article 3 - LICENSING PROVISIONS › Section 57-06 - General Licensing Provisions for Apprentice Funeral Directors or Apprentice Embalmers

Current through Register Vol. 48, No. 6, June 28, 2024
An applicant for an apprentice funeral director or apprentice
				embalmer must:
(A) be at least eighteen
			 (18) years of age; and
(B) submit
			 an application on forms approved by the Board, along with the required fee;
			 and
(C) submit a Certificate of
			 Apprenticeship signed by the apprentice, the licensee supervisor, and the
			 manager of the establishment in which the apprenticeship is to be
			 served.