reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-840 - Consolidated Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
The Commission, upon its own motion or upon motion by any
				party, may order two or more proceedings involving a similar question of law or
				fact to be consolidated for hearing where rights of the parties or the public
				interest will not be prejudiced by such procedure.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-841 - Presiding Officer

Current through Register Vol. 48, No. 6, June 28, 2024
A. In General.
			 When evidence is to be taken in a proceeding before the Commission, any
			 Commissioner or any hearing examiner designated by the Commission may preside
			 at the hearing.
B. Powers and
			 Duties of Presiding Officer. A presiding officer shall have the duty to conduct
			 full, fair, and impartial hearings, to take appropriate action to avoid
			 unnecessary delay in the disposition of proceedings, and to maintain order; and
			 shall possess all powers necessary to that end, including the following:
(1) To administer oath and affirmations and
			 the presiding officer may appoint a designee to administer oaths and
			 affirmations;
(2) To order
			 subpoenas issued and to provide for other methods of discovery;
(3) To receive evidence and rule upon all
			 objections and motions that do not involve final determination of
			 proceedings;
(4) To take such other
			 action as may be necessary and appropriate to the discharge of duties
			 consistent with the statutory authority or other authorities under which the
			 Commission functions.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-842 - Order of Procedure

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Investigations. Upon an investigation initiated by the Office of Regulatory
			 Staff or by request of the Commission, evidence in a proceeding will ordinarily
			 be received in the following order:
(1)
			 Office of Regulatory Staff;
(2)
			 Respondent;
(3) Other
			 parties.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-843 - Standard of Conduct

Current through Register Vol. 48, No. 6, June 28, 2024
All individuals acting in a representative capacity in
				proceedings before the Commission shall conform to the standards of ethical
				conduct required of attorneys before the courts of this State. If any such
				individual does not conform to such standards, the Commission may decline to
				permit such individual to act in a representative capacity in any proceeding
				before the Commission.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-844 - Failure to Attend Designated Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. At the time and place set for hearing, if
			 an applicant, petitioner, or complainant fails to attend personally or through
			 an authorized representative without having obtained a continuance in the
			 manner specified in R.
			 103-838, the
			 Commission may dismiss the petition, application, or complaint with or without
			 prejudice or may, upon good cause shown, recess such hearing for a further
			 period to be set by the Commission to enable such applicant, petitioner, or
			 complainant to attend.
B. Parties
			 of record or their authorized representative shall be present during all
			 proceedings of any scheduled matter pending before the Commission except upon
			 leave of the presiding officer.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-845 - Witnesses

Current through Register Vol. 48, No. 6, June 28, 2024
A. In General.
			 Witnesses shall be examined orally. Witnesses presenting testimony shall be
			 sworn, or shall affirm, before their testimony shall be deemed evidence in the
			 proceeding or any questions are put to them. All exhibits, no matter the size,
			 must be easily readable and legible.
B. Cumulative Testimony Restricted. The
			 presiding officer may limit the number of witnesses whose testimony may be
			 merely cumulative. In order to enforce this section, the presiding officer may
			 require a clear statement on the record of the nature of the testimony to be
			 given by any witness proffered.
C.
			 Prepared Statements and Exhibits. Copies of witness testimony and exhibits
			 shall be prefiled with the Commission as prescribed. A witness may read into
			 the record, as his or her direct testimony, statements of fact or expressions
			 of his or her opinion prepared by him or her, or written answers to
			 interrogatories of counsel. A prepared statement of a witness may also be
			 received as an exhibit. All parties of record, insofar as it is practicable,
			 should prefile with all other parties of record copies of prepared testimony
			 and exhibits that the party of record proposes to use during a hearing. In
			 proceedings involving utilities, the Commission shall require any party and the
			 Office of Regulatory Staff to file copies of testimony and exhibits and serve
			 them on all other parties of record within a specified time in advance of the
			 hearing. In proceedings involving companies other than utilities, the
			 Commission may require any party and the Office of Regulatory Staff to file
			 copies of testimony and exhibits and serve them on all other parties of record
			 within a specified time in advance of the hearing. Except as provided in S.C.
			 Code Ann. Regs. 103-823, and unless the Commission shall otherwise order, an
			 Applicant or Complainant whose case initiates a docket which requires a hearing
			 shall file supporting written testimony with or without exhibits within two
			 weeks of filing its application, tariff, petition, request, or complaint or
			 within two weeks of the Commission Staff issuing a Notice of Hearing and/or a
			 Notice of Filing and Hearing. This shall not apply to an individual filing a
			 Formal Complaint who is appearing on his or her own behalf, fuel adjustment
			 clause, and purchased gas adjustment cases.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-846 - Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. In General.
			 Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The
			 rules of evidence as applied in civil cases in the Court of Common Pleas shall
			 be followed. Effect shall be given to the rules of privilege recognized by law.
			 Objections to evidentiary offers may be made and shall be noted in the record.
			 Subject to these requirements, when a hearing will be expedited and the
			 interests of the parties will not be prejudiced substantially, any part of the
			 evidence may be received in written form.
B. Reception and Ruling on Proffered
			 Evidence. The presiding officer shall rule on the admissibility of all evidence
			 and shall otherwise control the reception of evidence so as to confine it to
			 the issues in the hearing.
C.
			 Notice of Cognizable Facts. Notice may be taken of judicially cognizable facts.
			 In addition, notice may be taken of generally recognized technical or
			 scientific facts within the agency's specialized knowledge. Parties of record
			 shall be notified either before or during the hearing, or by reference in
			 preliminary reports or otherwise, of the material noticed. Parties shall be
			 afforded an opportunity to contest the material proposed to be
			 noticed.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-847 - Documentary Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. Commission
			 Files. In case any matter contained in a report or other document on file with
			 the Commission is offered in evidence, such report or other document need not
			 be produced or marked for identification, but may be offered in evidence by
			 specifying the report, document, or file containing the matter so
			 offered.
B. Records in Other
			 Proceedings. If the transcript, or any portion thereof, of another proceeding
			 before the Commission is desired to be introduced into the formal record at a
			 subsequent hearing, a true copy of the portion desired must be
			 presented.
C. Abstracts of
			 Documents. When documents are numerous, such as freight bills or bills of
			 lading, and it is desired to offer in evidence more than a limited number of
			 such documents as typical of the others, an abstract of relevant data of such
			 documents shall be prepared in an orderly manner and offered as an exhibit,
			 giving other parties to the proceeding reasonable opportunity to examine both
			 the abstract and the documents.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-848 - Exhibits

Current through Register Vol. 48, No. 6, June 28, 2024
A. Size of
			 Exhibits. Except by special permission of the presiding officer, no prepared
			 exhibits offered as evidence shall be of greater size, when folded, than 8 1/2
			 inches by 11 inches.
B. Copies of
			 Exhibits. When exhibits are offered in evidence, the original shall be
			 furnished to the reporter, and the party offering exhibits should also be
			 prepared to furnish a copy to each Commissioner sitting and the presiding
			 officer, each party of record, and the staff, unless such copies have been
			 previously furnished or the presiding officer directs otherwise. Whenever
			 practicable, the parties should exchange copies of exhibits that they propose
			 to use prior to the hearing. All exhibits, no matter the size, must be easily
			 readable and legible.
C. Marking of
			 Exhibits. All exhibits shall be marked numerically in the order of
			 identification.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-849 - Objections to the Introduction of Evidence

Current through Register Vol. 48, No. 6, June 28, 2024
A. In General. Any evidence offered in
			 whatever form shall be subject to appropriate and timely objection. When
			 objection is made to the admissibility of evidence, such evidence may be
			 received subject to later rulings by the presiding officer. The presiding
			 officer, in his discretion, either with or without objection, may exclude
			 inadmissible, incompetent, cumulative, or irrelevant evidence, or order the
			 presentation of such evidence discontinued. Parties objecting to the
			 introduction of evidence shall briefly state the grounds of objection at the
			 time such evidence is offered.
B.
			 Offers of Proof. When the presentation of any evidence is objected to and such
			 objection is sustained by the presiding officer, the proponent of the evidence
			 may request that she or he be allowed to present an offer of proof for the
			 formal record. Such offer of proof shall consist of a statement of the
			 substance of the evidence to which objection has been sustained, or if the
			 excluded evidence consists of evidence in documentary or written form, a copy
			 of such evidence shall constitute the offer of proof.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-850 - Transcripts

Current through Register Vol. 48, No. 6, June 28, 2024
A. In General. The
			 Commission will cause to be made a record of all proceedings.
B. Copies of Transcript. Copies of the
			 typewritten transcript of any proceeding may be obtained from the hearing
			 reporters upon request and after payment of the applicable fee.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-851 - Briefs or Proposed Orders

Current through Register Vol. 48, No. 6, June 28, 2024
A. Due
			 Date. The presiding officer shall fix the time for filing and service of briefs
			 or proposed orders.
B. Table of
			 Contents and Citations. A brief of more than 20 pages shall contain a table of
			 contents showing arguments presented with page references and a list of
			 citations, alphabetically arranged with references to the pages where they
			 appear.
C. Scope of Briefs or
			 Proposed Orders. Briefs should contain:
(1) A
			 concise statement of the case;
(2)
			 An abstract of the evidence relied upon, preferably assembled by
			 subjects;
(3) Factual and legal
			 arguments, or if a proposed Order, reasons and authorities therefore.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-852 - Service of Orders

Current through Register Vol. 48, No. 6, June 28, 2024
A. All Orders
			 representing final disposition of a proceeding shall be filed with the Chief
			 Clerk, who shall serve copies thereof upon all parties of record or their
			 authorized representative. Such service shall be by electronic service,
			 certified mail, registered mail, or by delivery to the parties or their
			 attorneys, as may be appropriate.
B. All parties of record, including attorneys
			 of record or legal representatives, who electronically file documents through
			 the Docket Management System consent to service of orders through email or
			 electronic service, and such service is effective upon the email or electronic
			 service being sent. The notice of appearance filed by the party or the Petition
			 to Intervene filed by an Intervenor shall include an email address to receive
			 electronic service of orders and filings. All parties of record, including
			 attorneys of record or legal representatives, must maintain with the Clerk's
			 Office current contact information including email addresses and mailing
			 address.
C. All parties of record,
			 including attorneys of record or legal representatives, who electronically file
			 documents through the Docket Management System are served a Commission Order
			 immediately when the Clerk's Office electronically enters the Order on the
			 Docket Management System.
D. If any
			 party of record does not have the ability to receive email or electronic
			 service, the party shall be served by traditional means of certified mail,
			 registered mail, or by delivery to the parties or their attorneys, as may be
			 appropriate. Where service is made by mail, service is complete upon mailing to
			 the address provided by the party of record.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-853 - Finality of Decision

Current through Register Vol. 48, No. 6, June 28, 2024
All proceedings before the Commission shall be disposed of by
				issuance of an Order as defined in R.103-804(K)
				served upon all parties of record.
A.
			 Effective Date of Orders. Commission Orders shall take effect and become
			 operative when served by electronic service, registered or certified mail,
			 unless otherwise designated, and shall continue in force and effect either for
			 a period which may be designated therein or until rescinded, modified, or
			 amended by the Commission. If an Order cannot be complied with within
			 prescribed time limit, the Commission may grant such additional time as in its
			 judgment is reasonably necessary to comply with the Order.
B. Rescinding, Modifying, Amending Order or
			 Decision. The Commission may rescind, modify, or amend any Order. If the
			 rescission, modification, or amendment pertains to other than clerical errors
			 or omissions, parties of record shall be provided notice and opportunity to be
			 heard. Any Order rescinding, modifying, or amending a prior Order shall have
			 the same effect as is provided for in original Orders, but no such Order shall
			 affect the legality or validity of any acts done pursuant to the original Order
			 before notice of such rescission, modification, or amendment.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-854 - Petition for Rehearing or Reconsideration

Current through Register Vol. 48, No. 6, June 28, 2024
Unless otherwise provided by law, no cause of action shall
				accrue in any court of competent jurisdiction to vacate or set aside any Order
				of the Commission, either in whole or in part, unless a petition for rehearing
				or reconsideration and proof of service are filed with the Commission, and an
				Order has been issued disposing of the matter.
A. Form, Contents of Petition for Rehearing
			 or Reconsideration. All petitions for rehearing or reconsideration shall
			 conform to R.
			 103-825.
B. Time limit for filing a petition for
			 rehearing or reconsideration. Except as otherwise provided by S. C. Code Ann.,
			 Section
			 58-5-330,
			 58-9-1200,
			 58-11-550,
			 58-27-2150
			 (1976), any party of record may, within 20 days after the date of receipt of
			 Order, petition the Commission for rehearing or reconsideration. A Petition for
			 Reconsideration shall be subject to the same statutory parameters as a Petition
			 for Rehearing.
C. Action by the
			 Commission. The Commission must act upon the petition for rehearing or
			 reconsideration within thirty (30) days after such petition is filed except as
			 otherwise provided by S. C. Code Ann., Section
			 58-5-330,
			 58-9-1200,
			 58-11-550,
			 58-27-2150
			 (1976). Failure to act within this time period shall be deemed a denial of the
			 relief sought in the petition.
D.
			 Effect of Filing a Petition. Filing a petition shall not excuse or delay
			 compliance with an Order issued by the Commission, unless specifically provided
			 by the Commission.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-856 - Appellate Review

Current through Register Vol. 48, No. 6, June 28, 2024
A. In General.
			 After denial of rehearing, a party of record may appeal a Commission Order to
			 the appropriate judicial forum pursuant to applicable provisions of
			 law.
B. Stay of Commission Order
			 Pending Review. Except as otherwise provided by law, an appeal from an Order of
			 the Commission shall not of itself stay or suspend operation of the Order of
			 the Commission.
C. Transcript of
			 Testimony. A transcript of the proceeding will be furnished upon request
			 directed to the Commission's hearing reporters, stating the number of copies
			 desired, the person to be billed and the person to whom the transcript is to be
			 sent.
D. Record on Appeal. In any
			 action to review a final decision of the Commission, the record shall consist
			 of all items set forth in R.
			 103-804E.
E. Stipulations. The Commission, and any
			 party of record appealing a Commission Order, may stipulate that a certain
			 question or questions and a specified portion of the evidence shall be
			 certified to the Court for its judgment, whereupon such stipulation and the
			 question or questions and the evidence therein specified shall constitute the
			 record on view.
F. Priority. Cases
			 appealed from the Commission shall have priority where such is given by
			 statute.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-857 - Penalty Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
A. In
			 General. Any fine or penalty assessed against any person as allowed by statute,
			 may be imposed in accordance with applicable provisions of law and these rules
			 as established by the Commission.
B. Calculation of Fine or Penalty. The fine
			 or penalty will be incurred and will accrue each day with each day considered a
			 separate breach or violation.
C.
			 Payment of Fine or Penalty. A fine or penalty assessed pursuant to the
			 provisions of these rules shall be paid immediately upon demand by certified
			 check made payable to the State of South Carolina. Failure to honor this demand
			 within ten days shall result in a filing in the appropriate county office or
			 offices, for collection of such fine or penalty as provided by law.
D. Disbursement of Fine or Penalty. All fines
			 or penalties assessed by the Commission shall go into the general funds of the
			 State unless otherwise provided by law.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-858 - General Provisions

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Additional Hearings. The Commission may, in addition to other hearings as
			 provided for by rule or statute, conduct such other hearings as may be required
			 in the administration of the Commission's power and duties.
B. Construction. If any provision of these
			 rules or the application thereof is held invalid, the remainder of the rules or
			 other application of such rules shall not be affected.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-859 - Emergency Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. When it
			 appears to the Office of Regulatory Staff that a utility is planning to
			 disconnect its service to a customer(s) in violation of the Commission's Rules
			 and Regulations and under circumstances which prevent the full Commission from
			 meeting to address the issue, upon the request of the Office of Regulatory
			 Staff, any one Commissioner may issue an Order on behalf of the Commission
			 restraining and/or enjoining a utility from disconnecting service or requiring
			 the utility to maintain the status quo with its customer(s) until further Order
			 of the Commission. Thereafter, at the next scheduled Commission meeting with
			 proper legal notice, the full Commission shall consider the Order of the single
			 Commissioner and take such action on the single Commissioner's Order as it
			 deems appropriate.
B. When it
			 appears to the Office of Regulatory Staff that a utility has disconnected a
			 customer's (s') service in violation of the Commission's Rules and Regulations
			 and under circumstances which prevent the full Commission from meeting to
			 address the issue, upon the request of the Office of Regulatory Staff , any one
			 Commissioner may issue an Order on behalf of the Commission requiring the
			 utility to reconnect the service and maintain that status quo until further
			 Order of the Commission. Thereafter, at the next scheduled Commission meeting
			 with proper legal notice, the full Commission shall consider the Order of the
			 single Commissioner and take such action on the single Commissioner's Order as
			 it deems appropriate.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-2 - Vacation Time Sharing Ownership Plans Defined

Current through Register Vol. 48, No. 6, June 28, 2024
Vacation time sharing ownership plans shall specifically include:
A. time sharing ownership plans, whereby purchasers are deeded an undivided interest in the facilities with a right to use designated accommodations for a specific period of time during any given year, but not necessarily for consecutive years, which extends for a period of more than one (1) year; and
B. interval ownership plans, whereby purchasers are deeded title to designated time sharing units, accommodations, or facilities for a specific period of time during any given year, but not necessarily for consecutive years, which extends for a period of more than one (1) year, with remainder after such period to interval owners as tenants in common.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-3 - Sale of Vacation Time Sharing Plan Receivables

Current through Register Vol. 48, No. 6, June 28, 2024
The provisions of Section 27-32-80 shall not be construed to prevent the seller's right to sell, discount, or hypothecate for value receivables in favor of any bank, mortgage company, or other lending institution, and such purchasers shall be exempt from the requirements of this section.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-4 - Providers of Courses

Current through Register Vol. 48, No. 6, June 28, 2024
A. As used throughout these regulations, the term "provider" shall mean any school, organization, association, institution, or instructor.
B. Courses taught as part of a degree program at an accredited college or university and courses taught by a federal or state agency shall be deemed approved by the Commission if the courses are equivalent in hours and subject matter to those specified by the Commission. These providers are exempt from regulation by the Commission, and original transcripts or other proof of course completion with a passing grade may be recognized and accepted as a prerequisite for examination or for meeting the requirements of continuing education.
C. Accredited colleges or universities or technical, community, or junior colleges teaching courses which are not part of a degree program shall be approved if they comply with the regulations of the Commission with regard to curriculum, instructors, hours of attendance, classroom facilities, texts, examinations, and Certificates of Completion, as well as the policies and procedures of the appropriate department of the institution.
D. Courses offered by other providers shall be approved if they comply with the regulations of the Commission with regard to curriculum, instructors, hours of attendance, classroom facilities, texts, examinations, Certificates of Completion, and if the policies and procedures of the provider are also approved by the Commission.
E. All schools, organizations, associations, institutions, and other educational providers must be in good standing, and must be competent to administer and supervise the instruction of real estate subjects to the public.
F. Providers seeking approval to offer and conduct real estate or property management pre-licensing instruction and/or real estate continuing education instruction must apply on a form approved by the Commission and must be approved by the Commission and issued a Certificate of Approval prior to the commencement of any instruction. Providers offering courses prior to approval shall not have their Certificates of Completion recognized by the Commission.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-5 - Application for Approval

Current through Register Vol. 48, No. 6, June 28, 2024
A. Prospective providers of courses must furnish to the Commission completed applications for provider and course approval and all supporting documentation as required by the Commission.
B. If an application is disapproved, reason(s) for disapproval will be detailed and the provider will be given thirty (30) days to cure any deficiencies. If deficiencies are cured, the application will be approved.
C. Upon approval the Commission will issue its Certificates of Approval for provider and courses, to be renewed biennially in even-numbered years. If the Certificate of Approval is issued in an odd-numbered year, it shall be renewed the following year, and then biennially thereafter.
D. Each provider must make available, upon request, copies of the Certificates of Approval issued by the Commission when an approved course is offered.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-6 - Course Curriculum, Approval, Attendance, and Verification

Current through Register Vol. 48, No. 6, June 28, 2024
A. For pre-licensing courses, providers must teach courses in separate and distinct units consisting of the minimum hours as specified in S.C. Code Sections 40-57-320(A)(1)(a), 40-57-320(A)(2)(a) and 40-57-510(C)(1)(a).
(1) Pre-licensing courses must provide students with information on licensing requirements, familiarization with the Commission's statutes and regulations, and how to apply for licensure with the Commission.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-7 - Enrollment Agreement, Policies, and Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. An enrollment agreement disclosing the obligations of both parties must be signed by the provider and student prior to the commencement of classes. A copy of the enrollment agreement containing all policies and procedures must be furnished to the student, and receipt must be acknowledged in writing at the time the agreement is executed.
B. When registering electronically, this requirement is met if the licensee affirmatively indicates that he/she has received, reviewed and agrees to the terms of the enrollment agreement. This should be accomplished before the licensee pays for the class.
C. The enrollment agreement must contain, at a minimum, the following:
(1) name and address of the provider and student, along with student's name, address and real estate license number, if applicable; and
(2) name of course; and
(3) tuition and methods of payment, along with terms of any refund policy. If the provider has no policy for refunding fees, it must so state in writing; and
(4) provider's policy for cancellation of scheduled courses; and
(5) grade required for passing, methods for testing and final grade determination, if applicable; and
(6) the total hours of attendance required; and
(7) scheduled meeting time, dates, and location of course, if applicable; and
(8) make-up policies for absences and for retaking a failed examination, if applicable; and
(9) Admission policy.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-8 - Other Operating Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Teaching Methods.
(1) Pre-licensing and continuing education courses may be conducted via in-person or distance learning. Distance learning courses are those where the licensed instructor and student are physically apart and instruction takes place through interactive classrooms, audio and/or video conferencing, interactive computer modules, and other internet platforms.
(a) In-person and in-person courses utilizing synchronous distance learning portions must be taught by instructors approved by the Commission and must be presented in a physical classroom or approved virtual environment. The distance learning portion of the course must adhere to the Commission's standards for distance learning. Recorded videos used as teaching supplements are not considered distance learning and do not need to meet the distance learning standards.
(b) Distance learning synchronous and asynchronous courses must be taught by instructors approved with the Commission and adhere to the Commission's standards for distance learning. In accordance with S.C. Code Section 40-57-340(F), providers and courses must hold ARELLO or IDECC certification.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-9 - Auditing and Record Keeping

Current through Register Vol. 48, No. 6, June 28, 2024
A. Providers must keep copies of all enrollment agreements, advertising, rosters, and attendance records for a minimum of five (5) years and must be made available to a representative of the Commission upon request.
B. Providers must permit periodic inspections and auditing by a representative of the Commission for the purposes of evaluating facilities, course content, instructor performance, or any other relevant aspect of the administration and conduct of such course.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-10 - Instructors

Current through Register Vol. 48, No. 6, June 28, 2024
A. Approved qualifying courses must be taught by Commission-approved instructors who are actively licensed as brokers by the Commission. Instructors teaching courses which are part of a degree program offered by an accredited college or university and instructors teaching courses for a federal or state agency shall be deemed approved by the Commission.
B. Prior to teaching for any approved provider, applicants for instructor approval must submit an application form along with supporting documentation as proof of knowledge of the subject matter and the ability to teach effectively.
(1) As proof of knowledge of the subject matter to be taught, the instructor must provide documentation of:
(a) an active real estate broker license; or
(b) a college degree in an academic area directly related to the course or the specific subject matter to be taught; or
(c) other past experience or education acceptable to the Commission in the subject area to be taught, and
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-11 - Renewals

Current through Register Vol. 48, No. 6, June 28, 2024
All provider, course, and instructor approvals expire biennially on August 31 of even-numbered years. If an approval has expired, the provider or instructor must reapply and meet all requirements in effect at the time of reapplication in order to receive approval for the expired provider, course, or instructor.
South Carolina Code of Regulations › Chapter 105 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA REAL ESTATE COMMISSION › Section 105-12 - Provider, Course, and Instructor Fees

Current through Register Vol. 48, No. 6, June 28, 2024
The following fees shall be charged by and paid to the Commission:
A. for each course provider approval, a fee of two hundred dollars ($200), and for each renewal thereof, a fee of one hundred dollars ($100); and
B. for each course approval, a fee of one hundred dollars ($100), and for each renewal thereof, a fee of fifty dollars ($50); and
C. for each instructor approval, a fee of one hundred dollars ($100), and for each renewal thereof, a fee of fifty dollars ($50); and
D. for each late renewal (after August 31st) for provider, course, or instructor, a fee of fifty dollars ($50). The education year is September 1st of even-numbered years through August 31st.
South Carolina Code of Regulations › Chapter 106 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION › Section 106-2 - Residential Specialty Contractors License

Current through Register Vol. 48, No. 6, June 28, 2024
As provided by Section
			 40-59-220,
			 the Commission finds that the following residential specialty classifications
			 must be licensed after examination satisfactorily demonstrating that an
			 applicant is qualified to engage in a residential specialty contractor
			 classification. When the cost of an undertaking to be performed by a licensed
			 residential specialty contractor exceeds five thousand dollars, the licensee
			 must obtain an executed surety bond in an amount approved by the Commission not
			 less than ten thousand dollars.
a.
		  Heating and Air Conditioning Installer and Repairers, effective July 1, 2004,
		  except that applicants who have lawfully engaged in this classification in good
		  standing for not less than two years prior to July 1, 2004, shall be issued a
		  license without examination upon surrender of the proper registration card and
		  compliance with all other requirements for licensure. In the event that such
		  license, issued without examination, is allowed to lapse or expire for more
		  than three years or is suspended or revoked, examination shall be required for
		  the license to be re-issued.
b.
		  Plumbers, effective July 1, 2004, except that applicants who have lawfully
		  engaged in this classification in good standing for not less than two years
		  prior to July 1, 2004, shall be issued a license without examination upon
		  surrender of the proper registration card and compliance with all other
		  requirements for licensure. In the event that such license, issued without
		  examination, is allowed to lapse or expire for more than three years or is
		  suspended or revoked, examination shall be required for the license to be
		  re-issued.
c. Electricians,
		  effective July 1, 2004, except that applicants who have lawfully engaged in
		  this classification in good standing for not less than two years prior to July
		  1, 2004, shall be issued a license without examination upon surrender of the
		  proper registration card and compliance with all other requirements for
		  licensure. In the event that such license, issued without examination, is
		  allowed to lapse or expire for more than three years or is suspended or
		  revoked, examination shall be required for the license to be
		  re-issued.
South Carolina Code of Regulations › Chapter 106 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION › Section 106-3 - Initial Fees

Current through Register Vol. 48, No. 6, June 28, 2024
The Commission may charge fees as shown in South Carolina Code of
			 Regulations Chapter 10-38 and on the South Carolina Residential Builders
			 Commission website at
http://llr.sc.gov/POL/ResidentialBuilders/
.
South Carolina Code of Regulations › Chapter 106 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION › Section 106-4 - Qualifications for Home Inspectors

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  Any person desiring to be licensed as a home inspector, without examination by
		  the commission shall file with the commission an application on forms provided
		  by the commission showing to the satisfaction of the commission that he is
		  currently certified or licensed as a building or home inspector after written
		  examination by an organization or other entity approved by the commission: and
1. Has a minimum of one year of experience as
		  a home inspector under the direction and direct supervision of a licensed home
		  inspector, residential builder, general contractor, engineer, or architect:
		  or
2. Has performed a minimum of
		  fifty residential inspections, as evidenced by the name, address, telephone
		  number, and summary page of each inspection being submitted for review.
Upon filing a completed application and payment of the required
			 fees, the commission shall issue the applicant a license to engage in the
			 business of home inspection in this State.
South Carolina Code of Regulations › Chapter 106 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION › Section 106-5 - Emergency License and Registration

Current through Register Vol. 48, No. 6, June 28, 2024
A. In the instance of an event declared to be
		  an emergency by the governor, the department, as defined by S.C. Code Ann.
		  Section
		  40-59-20(2),
		  is authorized to issue emergency licenses and registrations for out-of-state
		  builders and specialty contractors.
B. To qualify for an emergency license or
		  registration, an individual, at the time of application, must submit a
		  verification letter issued by the state in which the applicant's principal
		  place of business is located (home state) as proof that his or her license is
		  in good standing. The emergency license or registration may be issued only to
		  the individual shown on the home-state license. The home-state license must
		  have been issued by examination; a "grandfathered" license or registration will
		  not be accepted as proof of licensure.
C. In addition to proof of home state
		  licensure, an applicant must also provide:
1.
		  An emergency license application;
2. A national criminal background report
		  current within fourteen (14) days of the date of application. A criminal
		  background report showing misdemeanors listed for twenty-four (24) months or
		  felonies listed for fifteen (15) years prior to the application date will not
		  qualify for licensure;
3. A current
		  bond for home builders of at least Fifteen Thousand Dollars ($15,000.00) and
		  current bond for specialty contractors of at least Five Thousand Dollars
		  ($5,000.00); and,
4. A fee of One
		  Hundred Dollars ($100.00).
South Carolina Code of Regulations › Chapter 108 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOIL CLASSIFIERS ADVISORY COUNCIL › Section 108-1 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
1. "CE Hour" means continuing education hour, to equal fifty (50) minutes of instruction time.
2. "CSSE" means the Council of Soil Science Examiners. This organization writes the Fundamentals of Soil Science exam and the Professional Practice of Soil Science exam.
3. "NSCSS" means the National Society of Consulting Soil Scientists, Inc.
4. "Seals" means rubber stamps, rubber seals, impression seals, or digital seals.
5. "SSSA" means the Soil Science Society of America.
6. "SSSSC" means the Soil Science Society of SC.
South Carolina Code of Regulations › Chapter 108 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOIL CLASSIFIERS ADVISORY COUNCIL › Section 108-2 - Licensure

Current through Register Vol. 48, No. 6, June 28, 2024
A. Applications for Certification as a Soil Classifier In-Training
1. The application must be submitted on forms approved by the Department and must document education and examination as set out below.
2. It shall be the responsibility of the applicant to ensure that the Department receives all information and documents necessary for the council to consider the application.
3. Education must be documented by official transcripts showing subjects and grades of all scholastic work which the applicant wishes to claim, degree issued, and date of issuance. It is the responsibility of the applicant to ensure that such a record is sent from the institution directly to the Department.
4. Successful completion of the Fundamentals of Soil Science Exam must be documented by SSSA.
South Carolina Code of Regulations › Chapter 108 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOIL CLASSIFIERS ADVISORY COUNCIL › Section 108-3 - Seals

Current through Register Vol. 48, No. 6, June 28, 2024
A. A professional soil classifier shall not affix, or permit to be affixed, his/her name or seal to any document which was not prepared by him/her or under his/her direct supervision. No licensee shall affix his/her seal to any document unless the licensee has assumed the responsibility for the accuracy of the contract documents involved.
B. Seals must meet the following specifications:
1. The seal shall be circular in shape and two (2) inches in diameter;
2. Concentric with the outside of the seal there shall be a circle one and one-half (1 1/2 ) inches in diameter;
3. In the annular space between the circle and the outside of the seal shall be the words "State of South Carolina" on the top and "Licensed Soil Classifier" on the bottom.
4. The name and license number of only one (1) individual shall be placed within the inner circle.
South Carolina Code of Regulations › Chapter 108 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOIL CLASSIFIERS ADVISORY COUNCIL › Section 108-4 - License Expiration, Renewal, and Reinstatement

Current through Register Vol. 48, No. 6, June 28, 2024
A. Licenses issued to individuals expire biennially. The expiration date is noted on the license. Licenses must be renewed for the following licensure period by payment of the renewal fee and by reporting completion of the required continuing education hours. Licenses shall become invalid unless renewed.
B. Lapsed licenses may be reinstated by the council within three years from the date the license lapsed upon demonstration of qualification, payment of the reinstatement fee, and completion of required continuing education hours. After three years from the date the license lapsed, the person must apply for a new license, meeting all requirements for licensure in effect at the time of applying.
C. Applicants for reinstatement must certify that they have not practiced in South Carolina after the date that the license expired, must demonstrate continuing education as required by statute, and must pay a reinstatement fee in the amount of $250.00.
South Carolina Code of Regulations › Chapter 108 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOIL CLASSIFIERS ADVISORY COUNCIL › Section 108-5 - Continuing Education

Current through Register Vol. 48, No. 6, June 28, 2024
A. Basic Requirements
1. Each soil classifier shall have completed thirty (30) continuing education hours of acceptable continuing education requirements during the two (2) year period immediately preceding each biennial renewal date as a condition for license renewal. Effective January 31, 2013, completion of six (6) hours will be required for license renewal; this includes a minimum of one (1) continuing education hour in the area of professional ethics roles, responsibilities, and conduct of professional soil classifiers, or review of the South Carolina Statute and Regulations. Effective January 31, 2015, and thereafter, completion of thirty (30) hours will be required for license renewal.
2. All continuing education hours shall be earned by completing structured educational activities that directly address the health, safety, and welfare issues of the public as related to the practice of soil classifying. A minimum of one (1) continuing education hour must be in the area of professional ethics roles, responsibilities, and conduct of professional soil classifiers, or review of the South Carolina Statute and Regulations.
3. Self directed study may count toward a maximum of ten (10) continuing education hours.
4. If a licensee exceeds the total continuing education requirement in any renewal period, the licensee may carry a maximum of fifteen (15) continuing education hours forward into the next renewal period.
South Carolina Code of Regulations › Chapter 108 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOIL CLASSIFIERS ADVISORY COUNCIL › Section 108-6 - Examinations

Current through Register Vol. 48, No. 6, June 28, 2024
A. The examination for a professional soil classifier shall be the Fundamentals of Soil Science Exam and Professional Practice of Soil Science Exam, written by CSSE.
B. An applicant for soil classifier in-training shall be required to pass the Fundamentals of Soil Science Exam, written by CSSE.
C. An applicant for professional soil classifier shall be required to pass the Fundamentals of Soil Science Exam and the Professional Practice of Soil Science Exam, written by CSSE.
D. Applications for examination shall be made to SSSA.
South Carolina Code of Regulations › Chapter 108 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOIL CLASSIFIERS ADVISORY COUNCIL › Section 108-7 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
The Advisory Council may charge fees as shown in South Carolina Code of Regulations Chapter 10-40 and on the South Carolina Soil Classifiers Advisory Council website at
http://llr.sc.gov/POL/Soil/
.