reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-707 - Guidelines for Selection of Set Aside Projects

Current through Register Vol. 48, No. 6, June 28, 2024
In selecting and designing contracts suitable for set aside
				projects, the Department will consider a number of factors including, but not
				limited to, the following:
A.
			 Availability of certified DBEs within 100 miles of work to be
			 performed;
B. Capabilities of the
			 available certified DBEs in relation to the type of work required by the
			 contract;
C. Limitation of
			 estimated value of contract to $250,000.00 in most cases;
D. Limitation of the work of a single
			 contract to a maximum of four roads within a reasonable distance of each
			 other;
E. Equitable geographic
			 distribution of contracts throughout the State, insofar as is possible with
			 available contracts;
F.
			 Availability of technical assistance for contract;
G. The requirement of Section
			 12-28-2930(c)
			  that the Department shall advertise a number
			 of highway construction projects at each regularly scheduled highway letting to
			 be bid exclusively by DBEs.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-708 - Waiver of Bonding

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Department may waive bonding on set aside contracts with estimated construction
			 costs not exceeding Two Hundred Fifty Thousand and No/100 ($250,000.00)
			 Dollars.
B. Bonding requirements
			 that may be waived include the following:
(1)
			 On highway construction or bridge construction contracts,
(a) Proposal guaranty or bid bond;
(b) Performance and indemnity bond required
			 by Section
			 57-5-1660(a)(1)
			  of the Code of Laws of South Carolina
			 (1976), as amended;
(c) Payment
			 bond required by Section
			 57-5-1660(a)(2)
			  of the Code of Laws of South Carolina
			 (1976), as amended.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-709 - Advertisement and Notice of Set Aside Projects

Current through Register Vol. 48, No. 6, June 28, 2024
A. All projects designated as set asides will
			 be advertised for at least two weeks in one or more daily newspapers in this
			 State, at least thirty days prior to the date for receiving bids on such
			 projects. The advertisement shall indicate whether the project is a non-bonded
			 or bonded project.
B. The
			 Department will give written notice by mail of set aside contracts to all
			 certified DBEs who are eligible for bidding on the project.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-710 - Requirements for Bidding on Set Aside Projects

Current through Register Vol. 48, No. 6, June 28, 2024
A. All bidders on set aside projects must be
			 eligible for participation in the State DBE Program as provided in Regulation
			 63-702.
B. Bidders on set aside contracts for highway
			 and bridge construction contracts must be prequalified pursuant to 25 S.C. Code
			 Ann. Regs. 63-300 through 63-308 (1976). Any bidder eligible to participate in
			 the State DBE Program whose prequalification status is not renewed solely
			 because of its lack of net liquid assets may request a review of its
			 prequalified status. A Review Committee shall be appointed by the State Highway
			 Engineer for this purpose. The Department's Executive Assistant for Minority
			 Affairs or a representative from the Office of DBE Program Development will be
			 a member of the Review Committee.
C. Bidders on set aside contracts for
			 building construction or building renovation contracts are subject to the
			 provisions of the State Consolidated Procurement Code, S.C. Code Ann. Section
			 11-35-10, et
			 seq. (1976), as amended, and all regulations promulgated pursuant thereto.
			 Bidders on building construction and building renovation contracts must have a
			 bidder's and contractor's license from the South Carolina Contractor's
			 Licensing Board, if required by law.
D. All bidders on set aside contracts are
			 subject to the provisions of 25 S.C. Code Ann. Regs. 63-309 and 63-310 (1976)
			 regarding disqualification of bidders for violations of bidding laws or
			 offenses involving business integrity.
E. In the event of any conflict between the
			 above stated statutes and or regulations and these regulations, these
			 regulations shall control.
F. All
			 bidders are subject to the bidding requirements and conditions as set forth in
			 the Department's Standard Specifications for Highway Construction, specifically
			 Section 102.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-711 - Bid Evaluation

Current through Register Vol. 48, No. 6, June 28, 2024
A. If the
			 lowest responsive bid by a responsible bidder is within ten percent of the
			 Official Engineer's estimate, the Department will award the contract to the
			 bidder making such bid.
B.
			 Preference must be given to an otherwise eligible and responsible South
			 Carolina contractor submitting a responsive bid not exceeding an otherwise
			 eligible out-of-state contractor's low bid by two and one-half
			 percent.
C. If the Department fails
			 to award an advertised set aside contract for reasons unrelated to the total
			 costs of the project, the contract may be readvertised as a set aside
			 contract.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-712 - Negotiation of Low Bid

Current through Register Vol. 48, No. 6, June 28, 2024
A. If the
			 lowest responsive bid by a responsible bidder exceeds the Official Engineer's
			 estimate by more than ten percent, the Department may afford the bidder the
			 opportunity to show just cause why the bid exceeds the ten percent range or may
			 enter into negotiations with the bidder to make reasonable changes in the plans
			 and specifications to bring the bid within ten percent of the Original
			 Engineer's estimate.
B. The
			 Department will not consider bids which exceed the Official Engineer's estimate
			 by more than thirty percent, unless the difference in price is due to some
			 error or miscalculation on the part of the Department.
C. If the Department determines that the
			 bidder should be given the opportunity to show just cause or to enter into
			 negotiations, written notice shall be given to the low bidder within seven days
			 of the closing of bids. The notice shall specify a time and place that the
			 bidder may meet with appropriate Department representatives to discuss the bid.
			 Such meeting shall be held no later than fourteen days after the closing of
			 bids. If the low bidder fails to appear at the time and place designated in the
			 notice, then the Department may reject the bid. Persons entitled to be present
			 at such meeting shall include the Official Engineer or his designee; the
			 Official Engineer's representative; the Executive Assistant for Minority
			 Affairs; the Director of the Office of DBE Program Development or his designee;
			 the bidder or the bidder's designee; the bidder's representative. The decision
			 as to whether just cause has been shown or whether the plans and specifications
			 can be reasonably changed is within the sole discretion of the Official
			 Engineer and such decision shall be final.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-713 - Letter to Lending Institutions

Current through Register Vol. 48, No. 6, June 28, 2024
When a DBE receives a contract, the Department will furnish a
				letter, upon request, stating the dollar value and duration of, and other
				information about the contract, which may be used by the DBE in negotiating
				lines of credit with lending institutions.
(1) For highway and bridge construction
			 contracts, this letter will be in the form of the Statement of Award.
(2) For building construction and renovation
			 contracts, this letter will be in the form of the Notice to Proceed.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-714 - Technical Assistance to DBEs

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Level of Assistance. The Department will make available technical assistance
			 for DBEs in accordance with state law.
B. Supportive and Developmental Services. The
			 Department will provide written and oral instruction on competitive bidding,
			 management techniques and general business operations. These services may be
			 provided through continuing education programs sponsored by the Department,
			 technical and developmental services contractors, and/or direct
			 services.
C. Lead Engineer. The
			 Department will designate a lead engineer to ensure positive communication,
			 provide helpful technical information, encourage quality performance, and
			 assist with on site problems. The Department may designate an engineer in each
			 district to serve as the lead engineer for set aside projects. The lead
			 engineer shall work with the Office of DBE Program Development, the Technical
			 and Developmental Services Contractor and the Department's engineers to provide
			 early technical assistance to DBEs with construction projects in each highway
			 district.
D. Assistance from
			 Established Contractors/Engineers. The Department will utilize the experience
			 of established contractors and/or engineers to provide DBEs professional and
			 technical assistance aimed toward meeting the standards, specifications,
			 timing, quality and other requirements of their set aside contracts. The
			 Department will provide this assistance as follows:
(1) The Department will provide a list of
			 established engineers, architects and/or contractors who are available on a
			 part time basis to work with DBEs on contracts.
(2) A DBE must apply for technical assistance
			 on an application form provided by the Department within thirty days after
			 award of a set aside contract.
(3)
			 The Official Engineer will negotiate with the engineer, architect and/or
			 contractor to provide the specific services requested by the DBE or any other
			 services deemed necessary by the Department based upon the DBE's experience and
			 skills as a contractor.
(4) The
			 Department may provide, through a supplemental agreement to the DBE set aside
			 contract, specific funds for the DBE to hire the engineer, architect and/or
			 contractor. The engineer, architect and/or contractor will be a subcontractor
			 of the DBE and not of the Department.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-715 - Continuing Education Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. All DBEs participating in the State DBE
			 Program must be represented by a company officer in at least twenty hours of
			 continuing education each year.
B.
			 For purposes of this section, company officer shall mean any of the following:
(1) If a corporation, one or more of the
			 elected corporate officers;
(2) If
			 a partnership, one or more of the partners;
(3) If a sole proprietorship, the sole
			 proprietor or owner.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-718 - Reporting Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Department shall issue an annual report, thirty days after the close of the
			 fiscal year, listing all contracts awarded under the State DBE Program as
			 specifically set forth in Section
			 12-28-2930(I).
B. The Department shall record each time
			 there are no certified DBEs available to perform a set aside contract. The
			 unavailability of certified DBEs shall be verified by written
			 documentation.
C. The Department
			 may count toward the yearly set aside goal the following amounts:
(1) The total amount of all set aside
			 contracts where the DBE performs at least thirty percent of the work with its
			 own forces;
(2) Only the portion of
			 the contract performed by the DBE's own forces, when the DBE performs less than
			 thirty percent of the work of a set aside contract;
(3) The total amount of any contract awarded
			 to a certified DBE for technical assistance or other consultant services, if
			 the DBE is South Carolina based and experienced in assisting with the
			 development of minority firms;
(4)
			 The total amount of all non-set aside state-funded contracts awarded to
			 certified DBEs;
(5) Subcontracts
			 entered into between prime contractors and certified DBEs, to the extent such
			 contracts are funded by state source highway funds, if these subcontracts are
			 verified by the Department records.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 9 - BUS SHELTERS › Section 63-800 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
The regulations promulgated herein have been formulated
				pursuant to Code Section
				57-3-110
				and
				57-25-30,
				which are intended to regulate bus shelters, including those with commercial
				advertisements, within the rights-of-way of public roads.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 9 - BUS SHELTERS › Section 63-801 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Bus Shelter"
			 means a shelter located at designated bus stops for the convenience of
			 passengers of public transportation systems owned and operated by governmental
			 units or public authorities.
B.
			 "Commercial Advertisement" means a printed or painted sign encouraging or
			 promoting the purchase or use of goods or services but does not include signs
			 or advertisements prohibited by Code Section
			 57-25-20.
C. "Public Road" as used in this article,
			 shall mean all those roads, street and highways within the State Highway
			 System.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 9 - BUS SHELTERS › Section 63-802 - General Standards for Bus Shelters

Current through Register Vol. 48, No. 6, June 28, 2024
A. Bus shelters, including those on which
			 commercial advertisements are placed, may be erected and maintained on the
			 rights-of-way of public roads subject to the following conditions and
			 requirements:
(1) Any person wishing to erect
			 and maintain a bus shelter on the right-of-way of a public road shall apply to
			 the Department for a permit, and as a condition of the issuance of the permit,
			 the Department must approve the bus shelter building plans and the location of
			 the bus shelter on the right-of-way; provided, however, that such approval is
			 subject to any and all restrictions imposed by Title 23 of the United States
			 Code, and Title 23, Code of Federal Regulations relating to the federal aid
			 system, traffic standard rules and regulations of the Department, and State and
			 Local laws.
(2) If the bus shelter
			 is to be located on the right-of-way of a public road within a county or
			 municipality, the respective county or municipality must also approve the
			 erection and maintenance of the bus shelter, and for that purpose, a copy of
			 the application to the department shall be sent to the respective county or
			 municipality by the applicant; and
(3) As a condition of issuing a permit for
			 the erection of a bus shelter on the right-of-way of a public road, the
			 department shall require that the bus shelter be properly maintained and that
			 its location shall meet minimum setback requirements as follows:
(a) Where a curb and gutter are present,
			 there shall be a minimum of four feet clearance from the face of the curb to
			 any portion of the bus shelter or the bus shelter shall be placed at the back
			 of the existing concrete sidewalk; or
(b) Where no curb or gutter is present, the
			 front of the bus shelter shall be at least ten feet from the edge of the main
			 traveled roadway; or
(c) As
			 otherwise directed by the SCDOT Resident Maintenance Engineer.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 9 - BUS SHELTERS › Section 63-804 - Building Plans General Specifications

Current through Register Vol. 48, No. 6, June 28, 2024
A. Bus shelter must be designed to meet the
			 current building requirements associated with the Southern Building Code or
			 local building code, whichever is more restrictive, including the ability to
			 withstand sustained winds of up to 120 MPH.
B. The shelters are to be designed so that
			 they will present an attractive appearance and not detract from the adjacent
			 surroundings. They shall be illuminated and provide protection from weather
			 elements.
C. The shelter design
			 shall include the following:
(1) Each shelter
			 shall consist of an aluminum or steel framework suitable for supporting
			 transparent wall panels and opaque roof panels. The shelter must have, as a
			 minimum, a rear wall section. The transparent wall section must be of tempered
			 glass.
(2) As a minimum, each
			 shelter must have a 4 foot bench, a bus route and schedule holder and be
			 illuminated during hours of darkness. The shelter must be installed on and
			 attached to a concrete foundation.
(3) Each bus shelter must be erected in
			 accordance with ADA specifications and requirements. The permittee is
			 responsible to meet the ADA standards and any complaints of nonconformance must
			 be rectified by permittee at his expense within thirty (30) days of
			 notification by the Department. Under this subsection, ADA compliance includes,
			 but is not limited to, sidewalk on ramps, tactile warnings and signage or
			 directional arrows indicating handicap accessibility.
(4) The shelter may be equipped for
			 displaying advertising, incorporating an enclosed standard size advertising
			 panel with poster dimensions. The panel may provide for two advertising faces
			 back-to-back with a lighting source contained within the panel cabinet. Only
			 two advertisements will be allowed in each shelter. Advertisements will be
			 limited to a poster dimension of 4' wide by 6' high.
(5) The general dimensions of a typical
			 shelter will be at a maximum 9' long by 6' wide by 8' high, unless larger
			 shelters are approved by the SCDOT. Advertising displays on larger shelters
			 shall not exceed the dimensions set forth in subsection (4) above.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 9 - BUS SHELTERS › Section 63-806 - Existing Bus Shelters

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any existing
			 bus shelter located on the rights-of-way of a public road in violation of the
			 general standards above or in violation of the conditions of the permit issued
			 by the Department is declared to be a public nuisance and its removal may be
			 ordered by the Department.
B. The
			 following actions should be taken regarding existing bus shelters.
(1) Those City or Counties with public
			 transportation systems must include existing bus shelters in the required
			 permitting process with the Department. This will include those locations on
			 all public roads.
(2) Those City or
			 Counties without public transportation systems but with existing bus shelters
			 should be contacted and informed of the code requirements. The Department will
			 take action as per Code Section
			 57-25-30(B)
			  regarding those bus shelters on the
			 Department's right-of-way. It will be the City's or County's responsibility to
			 enforce the code requirements for those bus shelter locations on City and
			 County road right-of-way.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 9 - BUS SHELTERS › Section 63-807 - Removal from Permit

Current through Register Vol. 48, No. 6, June 28, 2024
A. Should it be
			 necessary to discontinue or remove a particular bus shelter location
			 temporarily or permanently from the permit, the Department reserves the right
			 to do so. Bus shelters temporarily discontinued or removed from the permit may
			 be restored to the permit without additional charge. Bus shelters permanently
			 discontinued or removed from the permit must be removed from the Department
			 right of way in accordance with 63-802B above. No further permits will be
			 issued until the removal of the bus shelter has been effected.
B. If, and when, the bus shelter shall be
			 moved or removed, either on the demand of the Department or at the option of
			 the permittee, the rights-of-way shall be immediately restored to their
			 original condition at the expense of the permittee. Removal or relocation of
			 bus shelters will be at the expense of the permittee.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-900 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
The regulations promulgated herein have been formulated
				pursuant to Code Sections
				57-3-110
				and
				57-23-60,
				which are intended to designate scenic byways, including the requirements for
				protection of the scenic, cultural, historic, natural, recreational, commercial
				and economic significance of the highway and the area, and the process for
				removal of the scenic highway designation.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-901 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Committee"
			 means the South Carolina Scenic Highways Committee pursuant to Section
			 57-23-50.
B. "Community" means one or more towns within
			 the length and breadth of the scenic corridor; thus, a community may be as
			 small as one village or as large as a region.
C. "Corridor" means the highway right-of-way
			 and the adjacent area that is visible from and extending along the highway. The
			 distance the corridor extends from the highway could vary with the various
			 intrinsic qualities.
D.
			 "De-designation" means the removal of the scenic designation.
E. "Department" means the South Carolina
			 Department of Transportation.
F.
			 "Intrinsic Qualities" means those tangible and intangible resources found
			 within a scenic corridor. "Intrinsic qualities" include:
(1) Scenic: the composition of features that
			 are regionally representative, associative or inspirational. These features are
			 measured by their memorableness and distinctiveness of visual impression, their
			 intactness and their unity.
(2)
			 Historic: landscapes and structures that represent the legacy of the
			 past.
(3) Cultural: activities or
			 objects that represent unique and distinctive expressions of community life,
			 customs or traditional ways and identify a place, region or culture.
(4) Recreational: passive and active leisure
			 activities usually associated with outdoor recreation that we seek to refresh
			 and renew our spirits.
(5) Natural:
			 pleasing visual experience of natural areas and/or ecologically-sensitive
			 landscapes representing natural occurrences including landforms, water,
			 vegetation and wildlife characteristics.
(6) Archaeological: sites, artifacts or
			 structures representing past human life and activities.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-905 - Criteria for Scenic Byways

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Scenic Highways Committee will separately rate all requests for scenic
			 designation using a pre-established weighted criteria based on the required
			 intrinsic qualities. The Committee will adopt a rating form consistent with
			 these criteria. The completed rating forms will become a public document
			 following the Committee's evaluation process. A route being considered for
			 designation as a scenic byway will be rated on weighted criteria to include but
			 not limited to:
(1) Positive Features
(a) Scenic
(b) Historic
(c) Cultural
(d) Recreational
(e) Natural
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-910 - Scenic Route Segmentation

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 Committee will determine if a route requires segmentation. In making this
			 determination, the Committee will consider the volume of commercial and/or
			 industrial activity; restrictions imposed by local zoning or ordinances; and
			 provisions in the route's corridor management plan which would require
			 standards to protect and enhance the route's intrinsic qualities.
B. If a commercial and/or industrial area is
			 deemed inconsistent with the criteria set forth in this Section, the area will
			 be segmented from scenic designation and will not be required to comply with
			 the standards herein.
C. Upon
			 request by the Community or Department, the Committee will reconsider the
			 segmentation of a route, if significant changes have been made to protect and
			 enhance the route's intrinsic qualities.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-915 - Application Process

Current through Register Vol. 48, No. 6, June 28, 2024
A. Application
			 for the designation of a South Carolina Scenic Byway must be made with the
			 Director of the Department. Application and Committee rating forms may be
			 obtained by writing the Director at SCDOT, Post Office Box 191, Columbia, South
			 Carolina 29202. This application along with the Department's inventory and
			 analysis will be forwarded to the Committee for review and recommendation based
			 on the criteria established in 63-902. Recommendations for Scenic Byway
			 designation will be forwarded to the General Assembly.
B. Application may be made by a civic club,
			 chamber of commerce, convention and visitor bureau, business, industry,
			 municipal government or county government.
C. The applicant, if other than a local
			 government, should have a letter of support from the local government in which
			 the highway is located.
D. The
			 application should include:
(1) The
			 Department's Scenic Byway Application Title Sheet. This title sheet is provided
			 by the Department and serves as the cover page for the application.
(2) A detailed description of the section of
			 highway to be designated including one or more of the intrinsic qualities as
			 defined in Section
			 63-901.
(3) A marked map clearly indicating the
			 section of highway the applicant is proposing for designation.
(4) Photographic slides of areas which the
			 applicant considers to be of intrinsic value or significance (slides must be in
			 a protective 8 1/2 "' x 11"' 3 hole punch plastic slide sheet).
(5) Letters of support from citizens,
			 businesses, civic groups and other organizations.
(6) A corridor management plan.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-920 - Scenic Byway Corridor Management Plan

Current through Register Vol. 48, No. 6, June 28, 2024
A. The purpose of the local government's
			 Scenic Byway Corridor Management Plan is to provide for the conservation and
			 enhancement of the route's intrinsic qualities as well as the promotion of
			 tourism and economic development.
B. The local government's Scenic Byway
			 Corridor Management Plan should include at a minimum the following:
(1) A strategy for maintaining and enhancing
			 those identified intrinsic qualities within the corridor.
(2) A list of all agencies and organizations
			 responsible for the implementation of the corridor management plan. This list
			 should include the powers, duties and responsibilities of those agencies and
			 organizations as related to the conservation and enhancement of the route's
			 intrinsic qualities.
(3) A schedule
			 of when the strategies will be implemented.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-925 - Existing Scenic Highways

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any existing
			 Scenic Highway as designated in Chapter 23 of Title 57 is declared a "South
			 Carolina Scenic Byway".
B. The
			 following actions should be taken regarding existing scenic highways.
(1) The Committee must include existing
			 scenic highways in the scenic inventory kept by the Department.
(2) The Committee should contact the local
			 governmental authority regarding the development of a Scenic Byway Corridor
			 Management Plan.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-930 - Removal of "Scenic" Designation

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 The Department shall every two years review all designated scenic routes to
			 determine if each route is in compliance with the criteria established in
			 63-902.
B. If significant changes
			 have occurred that negatively impact the intrinsic qualities of a route , the
			 Department shall recommend to the Committee that the designation be
			 reviewed.
C. The Committee will
			 notify the responsible local government and request that action be taken to
			 protect the scenic route.
D. If
			 deemed, by the Committee, that intrinsic qualities have been irreparably
			 damaged, a recommendation will be made for de-designation to the General
			 Assembly.
E. No existing Scenic
			 Highway, as designated in Chapter 23 of Title 57 shall be de-designated until
			 June 30, 1999.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 10 - SCENIC BYWAYS › Section 63-935 - Prohibition of Outdoor Advertising

Current through Register Vol. 48, No. 6, June 28, 2024
No outdoor advertising sign will be allowed to be erected along
				any route designated as a "Scenic Byway" or "Local Byway". Communities must
				show in their corridor management plan how this prohibition will be enforced
				prior to designation.
South Carolina Code of Regulations › Chapter 64 - SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY › Section 64-1 - Definition of the Class "Moderate-to-Low Income"

Current through Register Vol. 48, No. 6, June 28, 2024
The class "moderate-to-low income" shall consist of those households whose gross income falls between seventy-five percent (75%) and one hundred twenty-five percent (125%) of the "median gross income" of all households in South Carolina.
South Carolina Code of Regulations › Chapter 64 - SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY › Section 64-2 - Downpayment Assistance

Current through Register Vol. 48, No. 6, June 28, 2024
A. Monies deposited in the South Carolina State Housing Finance and Development Authority Program Fund may be used to provide downpayment assistance to qualified lower income applicants for mortgage loans under the Homeownership Mortgage Purchase Program or other similar programs of the Authority.
B. The amount of the downpayment assistance, the terms upon which it is extended and the qualifications to be met by applicants for assistance will be determined by the Authority's Commissioners on a continuing basis.
C. Based upon considerations of need, availability of funds and other program considerations, the Authority's Commissioners may make a determination whether or not downpayment assistance will be available during any particular period of time.
South Carolina Code of Regulations › Chapter 64 - SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY › Section 64-2.1 - Maximum Amount Available in a County During a Fiscal Year

Current through Register Vol. 48, No. 6, June 28, 2024
A. In order to comply with the provisions of Section 31-13-445 of the 1976 Code, the board at its first meeting during any fiscal year shall make a determination of the amount of Trust Fund monies available for expenditure during such fiscal year.
B. The Board shall determine the amount of Trust Fund monies available for expenditure during a fiscal year by adding to the uncommitted balance remaining in the Fund at the end of the previous fiscal year an amount equal to the revenues paid into the Fund pursuant to Section 12-21-380 of the 1976 Code during the previous fiscal year.
C. The amount of money expended or committed for expenditure during any fiscal year for projects located in any county of the State may not exceed twenty (20%) per cent of the Trust Fund monies determined pursuant to the preceding paragraph to be available for expenditure during such fiscal year.
Statutory Authority: 1976 Code Section 31-13-440
South Carolina Code of Regulations › Chapter 64 - SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY › Section 64-3 - Special Needs Financing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Monies deposited in the South Carolina State Housing Finance and Development Authority Program Fund may be used to provide loans to other state agencies, local and regional governments, non-profit and for profit housing sponsors to provide rental housing for the homeless, elderly and other served by existing housing programs.
B. The Commissioners of the Authority will approve general guidelines as to the types of proposals it will consider for special needs financing.
C. The terms and conditions of each loan made to provide special needs financing must be approved in advance by the Commissioners of the Authority.
D. The staff of the Authority will review each proposal for special needs financing and make its recommendations to the Authority's Commissioners.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-1 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. All terms
			 defined in the "Act", Section
			 1-13-70,
			 used herein shall have the same meanings as set forth in the definitions in the
			 Act. These terms are:
(1)
			 Commission:
(2) National
			 Origin;
(3) Age;
(4) Person;
(5) Employer;
(6) Employment Agency;
(7) Labor organization;
(8) Employee;
(9) Complainant;
(10) Respondent;
(11) Religion;
(12) "Because of sex" and "on the basis of
			 sex".
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-2 - Complaint

Current through Register Vol. 48, No. 6, June 28, 2024
A. Who may file.
A complaint that any person has engaged in or is engaging in an
				unlawful employment practice may be made by an individual claiming to be
				aggrieved - said individual shall be hereinafter referred to as the
				"complainant".
B. Complaint
			 Form.
The complaint shall be in writing on a form provided by the
				Commission for this purpose. The complaint must be signed and sworn under oath
				or affirmation.
C. Required
			 Contents of a Complaint. A complaint shall contain:
(1) The full name, address, and telephone
			 number (if any) of the complainant. (Note: The person claiming to be aggrieved
			 has the responsibility to provide the Commission with notice of any change in
			 address and with notice of any prolonged absence from the current address and
			 telephone number so that he/she can be located as necessary during the
			 Commission's processing of the complaint.)
(2) The full name and address of the person
			 against whom the complaint is made, if known (hereinafter referred to as the
			 "respondent").
(3) A short, clear,
			 and concise statement of the facts showing that the complainant is entitled to
			 relief under the Act. This shall include:
(a)
			 a clear statement of the harm alleged to be suffered by the
			 complainant;
(b) a statement of the
			 alleged basis of the discrimination;
(c) a statement of the complainant's
			 knowledge, if any, concerning the respondent's reason for the alleged unlawful
			 discrimination; and
(d) a statement
			 of any and all other information providing the factual basis for the
			 complaint.
(4) The date
			 or dates when the alleged unlawful employment practice occurred, if known; if
			 the alleged unlawful employment practice is of a continuing nature, the dates
			 between which the alleged continuing acts occurred shall be stated, if
			 known.
(5) If known, the
			 approximate number of employees of the respondent employer, or the approximate
			 number of members of the respondent labor organization, as the case may
			 be.
(6) A statement as to any other
			 action or proceeding, judicial or administrative, civil or criminal, instituted
			 by the same complainant or other in his/her behalf, in any other forum based
			 upon the same operative facts or harm as is alleged in the complaint filed with
			 the Commission, together with a statement of the status or disposition of such
			 other action or proceeding.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-4 - Preliminary or Temporary Relief

Current through Register Vol. 48, No. 6, June 28, 2024
As provided by Section
				1-13-70(s)
				of the Act, the Commission may determine on the basis of an investigation that
				there is good cause to believe that prompt judicial action is necessary to
				prevent substantial and irreparable harm prohibited by the Act. In such event,
				the Commissioner may institute appropriate action in a court of competent
				jurisdiction to obtain temporary or preliminary injunctive relief in accordance
				with the procedural rules and substantive laws applicable in the State courts
				of South Carolina.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-5 - Conference, Conciliation and Persuasion

Current through Register Vol. 48, No. 6, June 28, 2024
A. Negotiated (No-Fault) Settlement. Before a
			 reasonable cause determination is made, the Commission may encourage the
			 parties to settle the complaint on terms that are mutually agreeable to them.
			 If the respondent makes any offer of settlement, the Commission will present
			 the complainant with the offer. The complainant may accept the offer or decline
			 it. In either case, the Commission will inform the respondent of the
			 complainant's decision. If the respondent and charging party agree on a
			 settlement, the Commission shall agree to accept the settlement and shall take
			 no action on the complaint. During no-fault settlement negotiations, the
			 Commission shall suspend investigative efforts and give the parties a
			 reasonable time to reach a settlement. Negotiated settlements shall note that
			 the Commission has made no judgment on the merits of the complaint. In the
			 alternative, the Commission may facilitate a settlement between the complainant
			 and the respondent by permitting withdrawal of the complaint pursuant to
			 65-2I
			 above.
B. Conciliation Prior to
			 Issuance of a Determination.
(1) Prior to the
			 issuance of a determination as to reasonable cause, the Commission shall
			 encourage the parties to settle the complaint on terms that are mutually
			 agreeable to the parties involved. The Commission shall limit its undertaking
			 in such settlements and note that the Commission has made no judgment on the
			 merits of the complaint. Such an agreement shall not affect the processing of
			 any other complaint, including, but not limited to, the allegations of a
			 complaint filed by another complainant which are like or related to the
			 individual allegations settled.
(2)
			 In the alternative, the Commission may facilitate a settlement between the
			 person claiming to be aggrieved and the respondent by permitting withdrawal of
			 the complaint pursuant to Section
			 65-2I
			 above.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-6 - Reasonable Cause Determination: Procedure and Authority

Current through Register Vol. 48, No. 6, June 28, 2024
A. Where a complaint has not been settled,
			 conciliated, withdrawn or dismissed, the Commission shall, after making
			 investigative efforts, determine whether reasonable cause exists to believe
			 that the Act has been violated. The reasonable cause determination shall be
			 based on, and limited to, evidence obtained by the Commission and shall not
			 make any judgment on or address the merits of allegations not investigated by
			 the Commission.
B. The Commission
			 shall provide prompt notification of its determination under R.65-6A to the
			 complainant and the respondent.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-7 - Reconsideration of Order of Dismissal or Order to Initiate Suit

Current through Register Vol. 48, No. 6, June 28, 2024
A. Within ten (10)
			 days after receipt of the Commissioner's order to initiate suit or to dismiss
			 the complaint made pursuant to Sections
			 1-13-90(c)(5)
			 or
			 1-13-90(d)(4)
			 of the Act, the complainant or respondent may file with the Commissioner an
			 application for reconsideration of the order.
B. The application for reconsideration of
			 dismissal shall be in writing, stating specifically the grounds on which it is
			 based.
C. Upon receipt of an
			 application for reconsideration, the Commissioner shall review the file with
			 the staff legal counsel and determine whether there is adequate cause shown,
			 under the standards of the S. C. Administrative Procedures Act, to reconsider
			 the dismissal. If no adequate cause is shown, reconsideration shall be denied
			 in writing. If adequate cause is shown, the Commissioner shall immediately
			 notify both parties and designate a different staff member to conduct a new
			 investigation. If the respondent is a State agency or department or local
			 subdivision of a State agency or department, the Chairman of the Commission or
			 upon his request the Commissioner shall designate a different member of the
			 Commission to direct the new investigation.
D. The investigator shall within ten (10)
			 days of his designation by the Commissioner make a new determination of whether
			 there is reasonable cause to believe that the respondent has engaged in an
			 unlawful practice.
E. Notice of a
			 request for reconsideration and the resolution of such reconsideration shall be
			 provided to all parties in the same manner as provided for notice of the filing
			 and determination of complaints.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-8 - Procedure for Hearing as Provided by Section 1-13-90(c) of the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. Hearings.
(1) After a finding of reasonable cause to
			 credit the allegations of the complaint and if attempts to eliminate or
			 otherwise resolve the alleged unlawful employment practice fail, the results of
			 the investigation shall be reported along with the recommendation on scheduling
			 a hearing to the supervisory commission member.
(2) The Chairman shall thereafter appoint
			 three (3) members of the Commission to serve as hearing commissioners. The
			 Chairman shall appoint one of the three as chief hearing commissioner. No
			 Commission member shall be appointed as a hearing commissioner for a case in
			 which he/she served as the supervisory commission member.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-9 - Procedure for the Institution of Civil Actions as Provided in Section 1-13-90(d) of the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. Civil Actions by
			 the Commission
(1) If within thirty (30) days
			 after issuance of a determination finding reasonable cause to believe that a
			 respondent named in a complaint has violated the Act, the Commission is unable
			 to secure from the respondent a conciliation agreement acceptable to the
			 Commission, the Commission may bring an action in equity against the respondent
			 in circuit courts, provided however, that the respondent named in the complaint
			 is not a state agency or department or a local subdivision of a state agency or
			 department; and provided, further, that the Commission may seek preliminary or
			 temporary injunctive relief pursuant to Section
			 1-13-70(s)
			 of the Act according to the procedures set forth in Section
			 65-4
			 of these Regulations and provided that reasonable cause has been shown as
			 specified in Section65-4.
(2) The Commission must bring an action in
			 the circuit court within one year of the alleged violation, unless the time for
			 bringing the action is extended by written consent of the respondent.
(3) If, after a thorough investigation, the
			 Commission determines that the respondent has violated the terms of a
			 conciliation agreement, the Commission may bring an action against the
			 respondent in the circuit court within one year from the date of the alleged
			 violation, except that the period may be extended by written consent of the
			 respondent.
(4) No action may be
			 brought by the Commission if the complainant or another party has filed an
			 action in state or federal court which alleges essentially the same facts and
			 seeks essentially the same relief for the same complainant. If the Commission
			 brings a civil action against a respondent and later determines that another
			 action in state or federal court has been filed, the Commission shall promptly
			 dismiss its action.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-10 - Certification

Current through Register Vol. 48, No. 6, June 28, 2024
The Chairman or the Commissioner is authorized and empowered to
				certify all documents or records which are a part of the files and records of
				the Commission.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-11 - Availability of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
The rules and regulations of the Commission and any amendments,
				additions, or modifications thereof, shall be available to the public at the
				office of the Commission in Columbia or at any other Commission office printed
				in the State Register as provided in Section
				1-23-10 et seq. of
				the Act, as amended.