reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-20.30 - Background Investigations for Licensing

Current through Register Vol. 48, No. 6, June 28, 2024
A. For purposes of the criminal background investigation required by Sections 59-150-150(C) and 59-150-165(C), "the operational manager" is the employee who has day-to-day operational management responsibilities for the business or entity. As provided in Section 59-150-165(C)(2), the Commission finds and determines that the operational manager is one of the appropriate employees on whom a criminal background investigation must be conducted unless otherwise directed by the Commission. For purposes of retail sales licensing, the operational manager is deemed to be the employee who is designated by the applicant as the employee responsible and accountable for the overall supervision of the lottery operation for the applicant that is seeking licensure for one or more retail locations. This employee must have decision-making authority for lottery transactions, including but not limited to, the authority for placing ticket orders with the Commission or the authority to designate the employees to transact business with the Commission. An applicant may elect to include an operational manager for each retail location but is not required to do so. The operational manager(s) must be designated on the retailer license application.
B. In the case of an applicant doing business as a sole proprietorship, the sole proprietor must undergo a background investigation required by Section 59-150-165(C).
C. In addition to the criminal background investigation provided for operational managers by Section 59-150-165(C)(2)(e), a criminal background investigation must be performed on all principals of the person (applicant). For purposes of this investigation unless otherwise specified by the Commission, "principal" means:
(1) the directors and officers of an association;
(2) all partners of a partnership, limited partnership, or limited liability partnership;
(3) all members of a limited liability company, or if the company is a manager-managed company, all members and managers;
(4) all trustees of a trust; and
(5) for a corporation, its directors, officers, and stockholders with a ten percent or more direct or beneficial interest or any person or entity that receives more than ten percent of the net income.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-20.40 - Issuance of Licenses

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon receipt, review and investigation of an application and applicant background, the Executive Director may issue a lottery retail sales license for the sale of lottery games in accordance with the Act and these regulations for a period of time not less than a year. The Executive Director shall license only those retail sales locations which will best serve the public interest and public trust in the lottery and promote the sale of lottery games. The Executive Director shall consider the following factors for licensure and renewal:
(1) The moral character and reputation of the applicant;
(2) The financial responsibility and security of the applicant's business or activity;
(3) The accessibility of the public to the licensed premises proposed by the applicant;
(4) The number and sufficiency of existing licenses to serve the public interest;
(5) The expected volume of lottery game sales;
(6) The security and efficient operation of the Lottery;
(7) Whether the applicant is ineligible under any provisions of the Education Lottery Act;
(8) Whether the applicant has provided false or misleading information or has misrepresented information regarding qualifications or fitness for licensure;
(9) Whether the applicant is currently licensed to do business within the State of South Carolina and whether the applicant is current in state tax payments and the filing of state tax returns; and
(10) Whether any person listed on the application owes an unpaid debt to the Lottery.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-20.50 - License Term and Renewal, Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every holder of a license shall renew the license annually. Renewal applications shall be returned to SCEL thirty (30) days prior to the expiration of the license to be considered a timely application. The Executive Director may revise the established renewal dates to allow renewals to be staggered on a monthly basis.
B. Pending a final resolution of any question arising in respect to a licensing decision, the Executive Director may issue a license subject to any terms and conditions he or she considers appropriate.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-20.60 - Revocation; Grounds for Removal or Suspension of License or Non-renewal of License

Current through Register Vol. 48, No. 6, June 28, 2024
A. If, at any time after issuance of a license, it is determined by the Executive Director that a lottery retailer no longer meets the standards for licensure, the Executive Director or his designee may cancel, suspend, revoke, terminate or deny renewal of a license or contract, upon giving notice to the lottery retailer. The suspension shall remain in effect until the reason for suspension has been abated or cured, or in the alternative, the Executive Director may revoke the license.
B. If the lottery retailer fails to observe and comply with the procedures and regulations of the Commission or with the provisions of the Act, or orders or instructions of the Executive Director, the license and/or contract may be canceled, suspended, revoked or terminated.
C. Additional grounds for suspension or revocation of license:
(1) The Executive Director may suspend or revoke the license of a lottery retailer who does not comply with the Act and all rules, conditions, standards and other policies adopted, promulgated or issued under the Act, by the Commission or the Executive Director.
(2) The Commission or Executive Director may suspend or revoke the license of any lottery retailer who violates one of the following prohibitions:
(a) Selling a ticket at a price greater than or less than that stated by the Commission.
(b) Selling a ticket at a location or premises different than that shown on the license certificate.
(c) Permitting the sale of tickets by someone other than the retailer's employees or agents.
(d) Selling a ticket to a person under eighteen (18) years of age.
(e) Inviting, soliciting, demanding, or offering or accepting any payment, contribution, favor, or other consideration to influence the award, renewal or retention of a license, directly or indirectly, on behalf of himself or herself or another corporation.
(f) Accepting anything other than cash for the sale of a ticket.
(g) Transferring ticket stock, used for online terminals, between stores unless prior written consent is granted by the Executive Director or his or her designee.
(h) Transferring instant tickets between individual stores unless prior written consent is granted by the Executive Director or his or her designee.
(i) Selling any lottery ticket, lottery chance or lottery product unless the game being sold is approved by the Commission.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-20.70 - License Transfers Prohibited

Current through Register Vol. 48, No. 6, June 28, 2024
A. No license may be transferred or assigned.
B. Lottery games may be sold only by the lottery retailer named on the license or by an employee or agent of the retailer named on the license and only at the location named on the lottery retailer license.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-30 - Contract

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Executive Director shall enter into a contract for each approved lottery retail sales location. The contract shall set out the duties, responsibilities, and obligations pertaining to the parties to the contract. The contract shall continue in effect during the period in which the retailer complies with applicable statutes, rules, fee requirements, and any other duties or requirements under the terms of the contract, the Act or these regulations.
B. A party to a retail contract pursuant to the Act, which is aggrieved by an action of the Executive Director or his or her designee must receive notice of a right to a hearing and be afforded a hearing within sixty (60) days of the date of notice. An appeal of the Executive Director's decision is to the Commission and then to the Administrative Law Judge Division.
C. As provided in the lottery retailer contract, a lottery retailer shall pay a weekly fee for each dedicated telephone line provided by SCEL to partially defray and recoup the cost of the telephone line and associated telecommunication charges.
D. SCEL may not charge an online service fee to a retailer who sells only instant tickets.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-40.10 - Instant Games

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission authorizes the Executive Director to select, operate, and contract to and for the operation of instant games which meet the criteria generally set forth in this section.
(1) Instant game criteria.
(a) The price of an instant game ticket shall not be more than ten dollars ($10.00) unless otherwise approved by the Commission.
(b) Winners of an instant game are determined by the matching or specified alignment of the play numbers, digits and symbols on the tickets. The ticket bearer shall notify SCEL of the win and submit the winning ticket as specified by the Executive Director. The winning ticket shall be validated by SCEL through the use of the validation number and any other means as specified by the Commission.
(c) The instant game shall be designed to pay out prizes in amounts on a numerical frequency to be determined by SCEL.
(d) The duration of ticket sales for an instant game shall be determined by SCEL. The start date and closing date of the instant game shall be publicly announced.
(e) The frequency and determination of a winner in any instant game shall be determined by SCEL in specific game rules.
(f) At SCEL's discretion, an instant game may include a special prize drawing or drawings that make use of the nonwinning instant tickets, so as to encourage nonwinners to accumulate their tickets instead of disposing of them. SCEL shall establish procedures for the additional games.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-40.20 - Instant Ticket Validation Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any instant ticket not passing all the validation requirements in this subsection and the specific validation requirements contained in the rules for its specific game is invalid and ineligible for any prize.
(1) To be a valid lottery instant game ticket, an instant ticket shall meet all of the following validation requirements:
(a) The instant ticket was issued by the Executive Director in an authorized manner;
(b) The instant ticket is not to be altered, mutilated, unreadable, reconstructed, or tampered with in any manner;
(c) The instant ticket is not counterfeit in whole or in part;
(d) The instant ticket is not stolen nor appears in any list of omitted instant tickets on file with SCEL;
(e) The instant ticket is complete and not blank or partially blank, miscut, misregistered, defective, or printed or produced in error;
(f) The instant ticket has the correct number of play symbols and exactly one (1) caption under each of the rub-off spots, exactly one legend (1) pack-ticket number, exactly one legend (1) verification code, exactly one legend (1) validation number and exactly one legend (1) readable bar code. The symbols must be present in their entirety, legible, right-side up, and not reversed in any manner;
(g) The validation number of an apparent winning ticket appears on SCEL's official list of validation numbers of winning instant tickets; and an instant ticket with that validation number has not been previously paid; and,
(h) The instant ticket passes all additional confidential validation requirements established by the Executive Director.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-50.10 - Online Games

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission authorizes the Executive Director to select, operate, and contract for the operation of online games which meet the criteria generally set forth in this subsection.
(1) The base price of an online ticket shall not be less than fifty cents ($0.50).
(2) The manner and frequency of drawings may vary with the type of online games.
(3) The times, locations, and drawing procedures shall be determined by the Executive Director.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-50.20 - Drawing and End of Sales Prior to Drawings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Prize drawings shall be conducted in a location and at days and times designated by the Executive Director.
B. The Executive Director shall announce the time for the end of sales prior to the drawings for each type of online game. Lottery retailers shall not process orders for online tickets for that drawing after the time established by the Executive Director.
C. The Executive Director shall designate the type of equipment to be used, shall establish procedures to randomly select the winning combinations for each type of online game, and shall require the presence of an independent accountant or other suitable individual to witness all pre- and post-drawing tests, and the drawing or winner selection.
D. The Executive Director or his designee shall test the equipment used to determine the winning combination prior to and after each drawing to assure proper operation and lack of tampering or fraud. Drawings shall not be certified until all validation checks are completed. No prizes shall be paid until after the drawing is certified.
E. All online drawings shall be broadcast live on television provided the facilities for broadcasts are available and operational.
F. The Executive Director shall establish procedures governing the conduct of drawings for each type of online game. The procedures shall include provisions for deviations which include but are not limited to:
(1) A drawing equipment malfunction before validation of the winning combination;
(2) A video and/or audio malfunction during the taping of the drawing;
(3) A fouled drawing;
(4) A delayed drawing; or
(5) Other equipment, facility and/or personnel difficulties.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-50.30 - On-line Ticket Validation Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. To be a valid winning online ticket, all of the following conditions shall be met:
(1) All printing on the ticket shall be present in its entirety, be legible, and correspond, using the computer validation file, to the combination and date printed on the ticket. The ticket is not valid unless the ticket number and other information are recorded in the SCEL computer and transaction master file;
(2) The ticket shall be intact;
(3) The ticket shall not be altered, mutilated, unreadable, reconstructed, or tampered with in any manner;
(4) The ticket shall not be counterfeit or an exact duplicate of another winning ticket;
(5) The ticket shall have been issued by an authorized lottery retailer in an authorized manner;
(6) The ticket shall not have been stolen or canceled;
(7) The ticket shall not have been previously paid; and
(8) The ticket shall pass all other confidential security checks of SCEL.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-55 - Multi-State Online Games

Current through Register Vol. 48, No. 6, June 28, 2024
A. SCEL may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and other such related products including game shows and promotional products as authorized by Section 59-150-59. Rules governing the sales, validation and redemption of prizes shall be governed by the multi-state agreement entered into on behalf of SCEL.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-60 - Game Rules

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Executive Director shall provide Commission members with draft copies of any additional game rules prior to the beginning of the online games. The Commission may adopt or modify the proposed rules as may be necessary for the efficient and effective operation of the online games.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-70 - Claiming Prizes

Current through Register Vol. 48, No. 6, June 28, 2024
A. A claim shall be entered in the name of a single natural person. A guardian may claim a prize if the ticket was received as a gift. No claim may be paid to an individual who is not eighteen (18) years of age. Groups, family units, organizations, clubs or other organizations shall designate one individual in whose name the claim is to be entered.
B. Unless otherwise provided in the rules for a specific type of game, a claimant shall sign the back of the ticket and complete and sign a claim form provided by the Executive Director. The claimant shall submit the claim form and claimant's ticket to SCEL in accordance with the instructions as stated on the claim form and on the back of the ticket. If there is a difference or conflict in the name appearing on the ticket and the claim form, the name which appears on the ticket controls.
C. The claimant, by submitting the claim, agrees to discharge the State, SCEL, its officials, officers and employees of all further liability upon payment of the prize.
D. A prize must be claimed within the time limits prescribed by the Executive Director.
E. The Executive Director or Commission may deny awarding a prize to a claimant if the ticket is printed or produced in error.
F. The Executive Director's decisions and judgments in respect to the determination of a winning ticket or any dispute arising from the payment or awarding of prizes are final, subject to an appeal to the Commission.
G. Unless the rules or procedures for any specific game provide otherwise, SCEL shall have the authority to designate any game be paid in periodic payments. Any prize not designated to be paid in periodic payments by the player or SCEL will be paid in a lump sum less that portion paid to the federal and state government for withholding tax purposes. No schedule of prize payments shall exceed twenty (20) years. To provide periodic prize payments, SCEL may purchase annuities from annuity sellers, securities from the United States government, or any other instruments provided for by law.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-80 - Assigning the Right to Claim a Prize

Current through Register Vol. 48, No. 6, June 28, 2024
A. No person entitled to a prize may assign the right to claim it, except:
(1) That payment of a prize may be made to any legal representative, including, but not limited to, guardians, executors, administrators, receivers, or other court-appointed assignees;
(2) For the purpose of paying federal, state or local tax; or to satisfy executions, judgments, or orders or other processes legitimately obtained from federal or state courts; or
(3) Transfers of remaining lottery annuity prize payments may be assigned as authorized by the Executive Director.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-90.10 - Financial Administration and Procedures for Collection of the Proceeds of Lottery Games

Current through Register Vol. 48, No. 6, June 28, 2024
A. All lottery retailers are required to make weekly payment for sales using the Electronic Funds Transfer (EFT) system through a dedicated bank account. The lottery retailer is required to establish an account for this purpose with a financial institution participating in the Automated Clearing House (ACH) Network. All amounts due must be deposited to the designated bank account in accordance with Section 59-150-190(B). Partial deposits or payments are not permitted and have no effect in reducing the lottery retailer's liability to SCEL.
B. The lottery retailer will receive a weekly notice from SCEL or through such reporting system or equipment as SCEL may designate, indicating the amount due to SCEL from the lottery retailer. Before 2:00 PM on every Wednesday, or should a banking holiday or other bank closing occur on Wednesday, before 2:00 PM on the immediately following Thursday, the retailer must deposit funds, equal to the amount due to SCEL. Funds must be transferred to SCEL from this account each week. If the balance for the preceding week is a credit due, the amount of the credit due must be transferred to the account of the lottery retailer by SCEL in the following week. The Executive Director may revise or amend the times for making deposits required by this item, upon reasonable notice to the lottery retailer, when it is necessary for the efficient operation of SCEL.
C. SCEL shall not sell or deliver any lottery games or other products to the lottery retailer if the lottery retailer is delinquent in any payment.
D. When a lottery retailer indicates an intent to discontinue the sale of lottery products, any amount owed SCEL by the lottery retailer becomes due immediately, and the lottery retailer shall deposit the amount due in accordance with subsection (B) above.
E. SCEL may combine individual debts owed to SCEL by a lottery retailer for the purpose of issuing a combined assessment.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-90.20 - Collection and Enforcement of Non-sufficient Funds, Past Due Accounts, or Delinquent Accounts

Current through Register Vol. 48, No. 6, June 28, 2024
A. SCEL may suspend lottery activity by any lottery retailer by causing any equipment or other property provided or acquired for specific and exclusive use in lottery operations to be mechanically or electronically disabled, or otherwise rendered useless, as well as by other means provided for by law or regulation, and by discontinuing the sale or delivery of any lottery products, or any other service or function, to the lottery retailer.
B. When a lottery retailer fails to deposit funds as required by R.44-90.10(B), and the related EFT transaction is rejected by the lottery retailer's financial institution, the Executive Director shall convey a written warning informing the lottery retailer of the future consequence of such action. The Executive Director shall suspend all lottery activity by the lottery retailer and/or shall assess a fee against the lottery retailer, or any of these, in accordance with the following schedule:
(1) As to the first occurrence within any twelve-month period, the Executive Director shall convey to the lottery retailer a written warning of the future consequence of such action.
(2) As to the second occurrence in any twelve-month period, the Executive Director shall suspend all lottery activity for a period of up to seven (7) days, and shall assess against the lottery retailer a fine of not less than one hundred dollars ($100) nor more than ten percent (10%) of the average gross proceeds from lottery sales over the last ten (10) weeks for the retail location.
(3) As to the third occurrence in any twelve-month period, the Executive Director shall suspend all lottery activity for a period of up to thirty (30) days, and shall assess against the lottery retailer a fine of not less than three hundred dollars ($300) nor more than twenty percent (20%) of the average gross proceeds from lottery sales over the last ten (10) weeks for the retail location.
(4) As to the fourth occurrence in any period, the Executive Director shall revoke any license, or other privilege or authority issued to the lottery retailer by the Executive Director, forthwith.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-90.30 - Financial Accounts

Current through Register Vol. 48, No. 6, June 28, 2024
A. Education Lottery Account--The Executive Director shall implement through the State Treasurer's Office an Education Lottery Account in accordance with applicable provisions of state law, and any applicable rules.
B. Prize Disbursement Account--The Executive Director shall establish a Prize Disbursement Account, in a private banking institution, which shall permit the immediate payment of lottery prizes, by check, to the winners.
(1) As nearly as practical, the total expenditures from the Prize Disbursement Account combined with any prizes paid by the lottery retailers, shall be no less than forty-five percent (45%) of gross amount received from the sale of lottery games.
(2) Access to the account for purposes of drawing checks shall be limited to those persons expressly authorized by the Executive Director to operate secure check writing machines and who are provided security keys and computer keys for their operation incident to their official duties.
(3) All checks issued from the Prize Disbursement Account shall prominently display the logo of the Lottery.
(4) Checks in payment of prizes drawn upon the Prize Disbursement Account may be issued under the signature of the Executive Director, his or her designee, or the authorized facsimile of his or her signature.
(5) The agency shall settle lottery retailer accounts no less frequently than weekly, unless the Executive Director specifies a different time.
(6) The Executive Director may make payments from the Prize Disbursement Account to lottery retailers for purposes of refund or credit for unsold tickets, other ticket sales adjustments or instant game account adjustments.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-90.40 - Bonds

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Executive Director may require a bond, securities, or an irrevocable letter of credit from a lottery retailer in an amount determined by the Executive Director consistent with the financial stability of the retailer, to avoid monetary loss to the state because of the activities of a lottery retailer. The bond must be on an approved form through a company authorized to do business in this state and approved by the Executive Director. If securities are deposited or an irrevocable letter of credit filed, the securities or letter of credit must be of a type or in a form approved by the Executive Director.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-100 - Supplying of Identifying Numbers

Current through Register Vol. 48, No. 6, June 28, 2024
A person required to make a payment, statement, or other document to SCEL shall include in such payment, statement, or other document such identifying numbers as may be prescribed by the Executive Director for securing proper identification of such person.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-120 - Reports

Current through Register Vol. 48, No. 6, June 28, 2024
The Executive Director may prepare such daily, monthly, and annual reports as may be necessary for the efficient and effective operation of the lottery, including but not limited to, the number of lottery retailers licensed; the number of new licenses applied for; the number of retail licenses suspended, revoked, or canceled; and such other information and reports as the Commission may request. The Executive Director shall provide to the Commission any such reports periodically as may be requested or appropriate to fully inform the Commission regarding licensure activity.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-130 - Use of Lottery Trademarks

Current through Register Vol. 48, No. 6, June 28, 2024
A. Lottery retailers may use, and display the Lottery Logo, trademark, and other advertising materials without charge to the user or compensation to SCEL for its use.
B. Any use of the Lottery Logo or other trademarked or copyright materials, other intellectual property, or copy in advertising or production of consumer articles requires a prior written request and execution of the Retailer Contract.
C. The Executive Director may exercise supervision over the quality of the materials produced under trademark licensing agreement, and may require as a condition to continuation of the license, changes in quality of the goods or material produced.
D. The Commission and Executive Director may at any time terminate an agreement to license in the event that the licensee fails to meet the requirement of the agreement, or in the event that the continuation of the license is not considered to be in the best interest of SCEL or of the State of South Carolina.
South Carolina Code of Regulations › Chapter 44 - SOUTH CAROLINA LOTTERY COMMISSION › Section 44-140 - Games Prohibited

Current through Register Vol. 48, No. 6, June 28, 2024
A. Nothing in these regulations may be construed to allow any lottery or lottery games prohibited by Sections 59-150-20(7), 12-21-2710, 16-19-40 and 16-19-50.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-1 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. The words "ballot card" shall mean the tabulation or punch card upon which an elector records his vote by the use of a vote recorder;
B. The words "ballot label" shall mean the card, paper, or other material placed on the vote recorder containing the names of offices and candidates and statements, questions, and propositions to be voted on; however, the ballot card and ballot label may be by design combined on the same card, paper, or other material if required to suit the particular type of vote recorder approved and being used in the county;
C. The words "defective ballot card" shall mean a ballot card that is so torn, bent, or otherwise defaced or has been marked by other than the marking device, so that it cannot be counted by the automatic tabulating machine;
D. The words "tabulating machine" shall mean any data processing machine used in counting ballot cards and tabulating votes thereon;
E. The words "vote recorder" shall mean a device into which a ballot card may be inserted so that an elector may record his vote for any candidate and for or against any question or proposition by punching or marking the ballot card; and
F. The words "vote recorder" or "tabulating machine" shall not include a voting machine.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-2 - Instructions and Certification of Managers and Clerks in the Use of Vote Recorders

Current through Register Vol. 48, No. 6, June 28, 2024
Not less than ten nor more than twenty-one days before each election in counties in which vote recorders are to be used, the commissioners of elections or other electoral board shall instruct or cause to be instructed in the use of the vote recorder, and in their duties in connection therewith, the managers and clerks appointed to serve in such election, and who have not been previously instructed and found qualified. The commissioners of election or other electoral board shall give to each poll manager and clerk, who has received such instruction and is found qualified to conduct such election with the vote recorder, a certificate to that effect. For the purpose of giving such instructions, the commissioners of election or other electoral board shall call such meeting or meetings of managers and clerks as shall be necessary. Each manager and clerk shall, upon notice, attend such meeting or meetings called for his instruction and receive such instructions as shall be necessary for the proper conduct of the election with vote recorders. No manager or clerk shall serve at any election at which a vote recorder is used unless he shall have received such instructions, shall have been qualified to perform his duties in connection with the vote recorder, and shall have received a certificate to that effect from the commissioners of election or other electoral board. But nothing herein shall be construed to prevent the appointment of a person as a manager or clerk of election to fill a vacancy on the day of the election or on the preceding day.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-3 - Tabulating Center Personnel

Current through Register Vol. 48, No. 6, June 28, 2024
All tabulating center personnel must be trained or caused to be trained by the commissioners of election or other electoral board in their respective duties and certified as required in 45-2, above, of these Regulations. All programmers, operators, and other data center personnel performing any function or duty with respect to tabulating votes before election day, on election day, or subsequent to election day, shall take an oath as provided for managers and clerks in Section 7-13-80 of the 1976 S. C. Code.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-4 - Certification of Program Instructions

Current through Register Vol. 48, No. 6, June 28, 2024
During the official computer certification, all program test decks, program instructions, and print out sheets become property of the commissioners of election or other electoral board. All program instructions must be certified by the programmers who programmed them, and such instructions shall be kept with the test decks, and following consolidation and certification of the election returns filed as follows:
1. With the commissioners of election in general and special elections, other than municipal elections;
2. With the County Executive Committee in primary elections;
3. With the City or Town Clerk in municipal elections and;
4. With the electoral board charged with the duty of conducting any other type election.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-5 - Ballot Envelopes and Fold Over Ballot Cards

Current through Register Vol. 48, No. 6, June 28, 2024
In vote recorder counties, in order to insure secrecy of the ballot and to provide for write-in space in elections, the commissioners of election or other electoral board shall authorize the use of one of the following types of ballot cards:
A. Ballot Card and Envelope.
1. Use in Primaries--the ballot card must be inserted by the voter into a ballot envelope in order to preserve the secrecy of the ballot. After the polls close and the ballot box is opened, poll managers shall separate ballot cards from ballot envelopes and the envelopes shall be returned to the County Executive Committee with other election supplies.
2. Use in Elections Other Than Primaries--the ballot card must be inserted by the voter into a ballot envelope in order to preserve the secrecy of the ballot. The ballot card and the ballot envelope must remain together in the ballot box in order to constitute a valid vote. Separated ballots shall be classified as invalid ballots and shall not be counted. After the polls close, the poll managers shall review the ballot card and the ballot envelope to ascertain whether the voter has cast write-in votes. If no write-in vote is recorded on the ballot envelope, such envelopes shall be returned to the commissioners of election or other electoral board with the other election supplies. If a write-in vote has been recorded on the ballot envelope, the poll managers shall follow the provisions of Section 7-13-1410(f) of the 1976 S. C. Code.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-6 - Defective Ballot Cards

Current through Register Vol. 48, No. 6, June 28, 2024
Defective ballot cards in precincts using vote recorders may be separated from other ballot cards, duplicated according to Section 7-13-1410(f) of the 1976 S. C. Code, tabulated and added to the official election returns of the precinct. When a defective ballot is duplicated, one election official shall read the defective ballot to a second election official who shall punch the duplicated card. Such punched duplicated card and the original shall be reviewed by one other election official in order to be sure a true and accurate duplicate of the original ballot has been made.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-7 - Ballot Cards, Sealed After Tabulation

Current through Register Vol. 48, No. 6, June 28, 2024
In vote recorder precincts, as soon as the ballot cards for a precinct have been run through the computer, the ballot cards, together with a copy of the precinct return and the precinct header cards shall be placed in a container plainly marked with the precinct name, sealed with paper seals, signed by at least two election officials and filed as follows:
1. With the commissioners of election in general and special elections, other than municipal elections;
2. With the County Executive Committee in primary elections;
3. With the City or Town Clerk in municipal elections and;
4. With the electoral board charged with the duty of conducting any other type of election.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-8 - Defective and Duplicate Ballot Cards, Sealed After Tabulation

Current through Register Vol. 48, No. 6, June 28, 2024
In vote recorder precincts, duplications of defective ballots shall be tabulated by precinct and kept along with the original defective ballots, by precinct, in a container clearly marked "Defective Ballots for __________ Precinct, (or Precincts)," sealed with paper seals, signed by at least two election officials, and filed as follows:
1. With the commissioners of election in general and special elections, other than municipal elections;
2. With the County Executive Committee in primary elections;
3. With the City or Town Clerk in municipal elections and;
4. With the electoral board charged with the duty of conducting any other type of election.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-9 - Write-in Ballots, Sealed After Tabulation

Current through Register Vol. 48, No. 6, June 28, 2024
After tabulation, the ballot envelopes or fold over write-in portion shall be placed in a container clearly marked with the precinct name, sealed with paper seals, signed by at least two election officials, and filed as follows:
1. With the commissioners of election in general and special elections, other than municipal elections;
2. With the County Executive Committee in primary elections;
3. With the City or Town Clerk in municipal elections and;
4. With the electoral board charged with the duty of conducting any other type of election.
South Carolina Code of Regulations › Chapter 45 - STATE ELECTION COMMISSION › Section 45-10 - Retention and Disposition of Certain Voting Records

Current through Register Vol. 48, No. 6, June 28, 2024
The programmed test decks, program instructions, print out sheets, ballot cards, write-in envelopes, write-in fold over ballot cards, defective ballot cards and duplications of defective ballot cards referred to in 45-4, 45-5, 45-6, 45-7, 45-8, and 45-9, above, of these Regulations may be retained permanently in the discretion of the particular electoral board with which they are filed; provided, however, none of these records can be destroyed until all contested elections have been decided and all appeals from such decisions have been exhausted.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 1 - GENERAL PROVISIONS › Section 47-1 - Cash value of Certain Remunerations

Current through Register Vol. 48, No. 6, June 28, 2024
A. The South Carolina unemployment Law,
			 provides in Section
			 41-27-380, that
			 "Wages means all remuneration paid for personal services, including commissions
			 and bonuses and the cash value of all the remuneration paid in any medium other
			 than cash ... The reasonable cash value of remuneration paid in any medium
			 other than cash ... shall be estimated and determined in accordance with rules
			 prescribed by the Department."
B.
			 The Department accordingly prescribes that:
1.
			 If board, lodging, bartered services, or any other payment in kind considered
			 as payment for services performed by a worker, is in addition to or in lieu of
			 (rather than a deduction from) money or wages, the Department shall determine
			 or approve the cash value of such payment in kind, and the employer shall use
			 these cash values in computing contributions due under the law.
2. Where cash value of board and lodging
			 furnished a worker is agreed upon in the contract of hire the amount so agreed
			 upon shall, if more than the rate prescribed herein, be deemed to be the value
			 of such board and lodging, subject to review by the Department. Until and
			 unless in a given case the rate for board and lodging is determined by the
			 Department, board and lodging furnished in addition to and in lieu of money
			 wages shall be deemed as follows:
a. Meal
			 rates as established by the Budget and Control Board.
b. Lodging rates as determined reasonable by
			 the Department.
3. The
			 cash value of bartered services shall be determined by the applicable
			 prevailing wage published by the United States Department of Labor, state
			 government entities, employment and trade publications, as deemed appropriate
			 by the Department.
4. In the
			 absence of employer records the Department may use prevailing wage information
			 published by the United States Department of Labor, state government entities,
			 employment and trade publications, and similar sources to determine the
			 monetary value of services performed by a worker.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 1 - GENERAL PROVISIONS › Section 47-2 - Authorized Representatives of the Department

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may designate by written authorization any of
				its employees as its representatives to administer oaths and affirmations,
				issue subpoenas for the production of books, papers, correspondence, and other
				memoranda deemed necessary by it as evidence in connection with disputed or
				contested claims, or in the administration of the South Carolina Employment
				Security Law.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 1 - GENERAL PROVISIONS › Section 47-3 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Spouse is
			 defined as a legally married husband or wife.
B. Parent is defined as a father or mother to
			 include a step parent or legal guardian.
C. Child is defined to include any individual
			 for whom the claimant is a legal guardian.
D. Reasonable commuting distance is defined
			 as fifty (50) miles or less from the claimant's new residence address to the
			 claimant's old employment address.
E. Part-time is defined as twenty-nine (29)
			 hours or less of work per week.
F.
			 If the majority of the weeks of work in an individual's base period includes
			 part-time work, the individual shall not be denied unemployment benefits under
			 any provisions of this act relating to availability for work, active search for
			 work, or failure to accept work, solely because the individual is seeking only
			 part-time work. For the purposes of this section, majority is defined as
			 fifty-one percent (51%) or more of the weeks of work during the individual's
			 base period. When seeking part-time work, the individual claiming unemployment
			 benefits must be available for a number of hours per week that are comparable
			 to the individual's part-time work experience from his/her most recent
			 part-time employment.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-4 - Employer Legal Entity Classification

Current through Register Vol. 48, No. 6, June 28, 2024
For the purposes of assigning a legal entity classification to
				an employing unit, the Department will follow the legal entity classification
				assigned to the employing unit by the Internal Revenue Service. In the event
				the employing unit has not been formally notified by the Internal Revenue
				Service of its legal entity classification, the Department will assign a legal
				entity classification to the employing unit based on the characteristics of the
				employing unit.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-5 - Delinquent Report

Current through Register Vol. 48, No. 6, June 28, 2024
If on the rate computation date an employing unit failed to
				submit contribution and wage reports for any period within the last twelve
				calendar quarters that was inclusive in the rate computation period in which
				the employer was determined liable under the South Carolina Department of
				Employment and Workforce Laws, the missing report shall be classified as
				delinquent for the purpose of experience tax rate calculation and tax rate
				assignment.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-6 - Benefit Ratio for Zero Taxable Wages

Current through Register Vol. 48, No. 6, June 28, 2024
A. If on the rate computation date there are zero taxable wages and zero benefit charges during the rate computation period when computing the tax year's benefit ratio, the employer will be assigned the prior year's tax class. If the employer does not have a prior year tax class, the employer will be assigned tax class twelve.
B. If on the rate computation date the employer has benefit charges and zero taxable wages during the rate computation period when computing the tax year's benefit ratio, the employer will be assigned to the prior year's tax class. If the employer does not have a prior year tax class, the employer will be assigned tax class thirteen.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 2 - GENERAL REGULATIONS › Section 47-7 - Interest Surcharge

Current through Register Vol. 48, No. 6, June 28, 2024
All contributory employers, including governmental entities and
				non-profit 501(c)(3) employers who have not elected to reimburse the Department
				under Section
				41-31-620,
				are required to pay the interest surcharge in effect for a tax year. The
				interest surcharge effective for the applicable tax year will appear on the
				employer's annual rate notice and quarterly contribution report in combination
				with the Departmental Administrative Contingency Assessment (DACA). Certain
				employers are exempt from DACA per Section
				41-27-410.