reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-300.01 - Responsibilities of an Apprentice Appraiser

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The holder of an apprentice appraiser
		  license issued by the Board must comply with the following:
(1) The apprentice shall perform appraisal
		  assignments only under the direct supervision of a state certified residential
		  or state certified general real estate appraiser.
(2) The apprentice and supervisor are
		  required to complete a course that is oriented toward the requirements and
		  responsibilities of supervisory appraisers and expectations for trainee
		  appraisers prior to obtaining an apprentice credential.
(3) The apprentice shall maintain a log which
		  shall contain the following for each appraisal assignment:
(a) Date of appraisal.
(b) Address of appraised property.
(c) Description of work performed by the
		  apprentice and scope of the review and supervision of the supervising
		  appraiser.
(d) Type of
		  property.
(e) Hours by the
		  apprentice on the assignment.
(f)
		  Name, signature and certification number of supervising appraiser.
(4) The apprentice shall maintain
		  copies or have access to all appraisals.
(5) The apprentice shall make the log and all
		  appraisals available at all times for inspection by the Board.
(6) When performing appraisal assignments,
		  the apprentice shall have in his or her possession the license issued by the
		  Board.
(7) The apprentice is
		  eligible to take the appraisal licensing or certification examinations after
		  completing the requisite Board-approved AQB Core Curriculum and experience
		  required for the Licensed or Certified appraiser classification.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-300.02 - Responsibilities of a Supervising Appraiser

Current through Register Vol. 48, No. 6, June 28, 2024
(A) With respect to an apprentice appraiser
		  employed or retained by or associated with a state certified appraiser:
(1) A state certified appraiser having direct
		  supervisory authority over the apprentice appraiser shall make reasonable
		  efforts to ensure that the apprentice's conduct is compatible with the
		  professional standards of the supervising appraiser.
(2) A supervising appraiser shall be
		  responsible for conduct of an apprentice appraiser that would be a violation of
		  the Uniform Standards of Professional Appraisal Practice if:
(a) the supervising appraiser orders or, with
		  the knowledge of the specific conduct, ratifies the conduct involved;
		  or
(b) the supervising appraiser
		  has direct supervisory authority over the apprentice, and knows of the conduct
		  at a time when its consequences can be avoided or mitigated but fails to take
		  reasonable remedial action.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-500.01 - Continuing Education

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All
		  appraisers, including apprentice appraisers, prior to their first and all
		  subsequent renewals of their authorization to engage in real estate appraisal
		  activity, must complete the continuing education requirement of at least
		  twenty-eight (28) class hours of approved instruction biennially.
(B) Continuing education is to be reported on
		  a form approved by the Board and must have all supporting documentation
		  attached. To ensure that it is recorded prior to the renewal deadline of June
		  30 and does not delay an appraiser's renewal, it should be received by the
		  Board no later than June 1. The Board cannot guarantee that a renewal will be
		  processed prior to the expiration date of June 30 if forms are received after
		  June 1.
(C) Approved qualifying
		  courses may be used to meet the continuing education requirement provided that
		  the following conditions are met:
(1)
		  Qualifying courses must be on the Board's approved list.
(2) The level of the course must be above the
		  appraiser's current status [e.g. a licensed appraiser may receive continuing
		  education credit for taking a Certified Residential or Certified General Level
		  Course].
(3) Credit will not be
		  given for the same category course taken within a two (2) year
		  period.
(4) The current 7-hour
		  National Uniform Standards of Professional Appraiser Practice Update Course
		  must be taken by all appraisers prior to each renewal.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-600.01 - Member Request for Investigation

Current through Register Vol. 48, No. 6, June 28, 2024
If a member of the Board files a complaint or requires an
			 investigation, such compliant or request shall serve to disqualify the member
			 from participating in any hearing or a consent agreement regarding the matter.
			 That member shall be prohibited from discussing the issue with other members,
			 except as a witness or party, until after final agency action and the time for
			 appeal has lapsed or appeal rights have been exhausted.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-600.02 - Ex Parte Communications

Current through Register Vol. 48, No. 6, June 28, 2024
(A) A
		  member shall not discuss an issue of fact or law concerning a case or pending
		  appeal which comes before the Board without notice and opportunity for
		  participation by all parties.
(B)
		  This Regulation shall not be construed to limit the members at Board meetings
		  from discussion among themselves or communications with the attorney and staff
		  for the Board concerning closed matters, investigations in general, inquiries
		  regarding the status of a specific case, or other matters not relating to
		  issues of fact to law concerning a specific case.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-600.03 - Disciplinary Actions For Appraisers, Providers and Instructors

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Board may,
		  upon its own motion, and shall, upon the written complaint of any aggrieved
		  person, investigate the activities of an applicant or a person permitted,
		  licensed, or certified under this chapter and may deny, suspend, revoke, or
		  otherwise restrict a permit, license, or certification and/or impose a public
		  or private reprimand, other discipline, and/or a fine not to exceed two
		  thousand dollars for each violation with a total fine not to exceed ten
		  thousand dollars, if the Board finds an applicant, State apprentice appraiser,
		  licensed appraiser, or certified appraiser has violated any provision of the
		  South Carolina Real Estate Appraisers and Appraisal Management Companies Act or
		  these regulations.
(B) When an
		  appraiser has previously been sanctioned by the Board or by any other state' s
		  real estate appraiser regulatory authority, the Board may consider these prior
		  sanctions in determining the severity of a new sanction which may be imposed
		  upon a finding that an appraiser has violated a provision of this chapter or
		  any of the regulations of the Board. The failure of an appraiser to comply with
		  or to obey a final order of the Board may be cause for suspension or revocation
		  of the individual's permit, license, or certification after opportunity for a
		  hearing.
(C) The Board may fine and
		  publicly or privately reprimand a provider or instructor or deny, revoke,
		  suspend or otherwise withdraw the approval of any provider or instructor upon
		  finding that the provider or instructor:
(1)
		  Fails to meet the criteria for approval referenced by these Regulations or no
		  longer meets the standards established by the Board; or
(2) Provides false or materially inaccurate
		  information to the Board when making application for approval; or
(3) Fails to provide information requested by
		  the Board; or
(4) Falsifies
		  official documents or reports; or
(5) Otherwise violates or fails to satisfy
		  the provisions of the South Carolina Real Estate Appraisers and Appraisal
		  Management Companies Act and the regulations pertaining thereto or any other
		  applicable professional licensing laws and regulations.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-600.04 - Disciplinary Actions

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The Board
		  may, upon its own motion, and shall, upon the written complaint of any
		  aggrieved person, investigate the activities of an applicant or a person
		  permitted, licensed, or certified under this chapter and may deny, suspend,
		  revoke, or otherwise restrict a permit, license, or certification and/or impose
		  a public reprimand, other discipline, and/or a fine not to exceed one thousand
		  dollars per occurrence, if the Board finds an applicant, State apprentice
		  appraiser, licensed appraiser, or certified appraiser has violated any
		  provision of the South Carolina Real Estate Appraiser License and Certification
		  Act or these regulations.
(B) When
		  an appraiser has previously been sanctioned by the Board or by any other
		  state's real estate appraiser regulatory authority, the Board may consider
		  these prior sanctions in determining the severity of a new sanction which may
		  be imposed upon a finding that an appraiser has violated a provision of this
		  chapter or any of the regulations of the Board. The failure of an appraiser to
		  comply with or to obey a final order of the Board may be cause for suspension
		  or revocation of the individual's permit, license, or certification after
		  opportunity for a hearing.
(C) In a
		  disciplinary proceeding based upon a civil judgment, an appraiser must be
		  afforded an opportunity to present matters in mitigation and extenuation, but
		  may not collaterally attack the civil judgment.
(D) The Board may fine and reprimand a
		  provider or instructor or deny, revoke, suspend or otherwise withdraw the
		  approval of any provider or instructor upon finding that the provider or
		  instructor:
(1) Fails to meet the criteria for
		  approval referenced by these Regulations or no longer meets the standards
		  established by the Board; or
(2)
		  Provides false or materially inaccurate information to the Board when making
		  application for approval; or
(3)
		  Fails to provide information requested by the Board; or
(4) Falsifies official documents or reports;
		  or
(5) Otherwise violates or fails
		  to satisfy the provisions of the South Carolina Real Estate Appraiser License
		  and Certification Act and the regulations pertaining thereto or any other
		  applicable professional licensing laws and regulations.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-600.05 - Disciplinary Action for Appraisal Management Companies

Current through Register Vol. 48, No. 6, June 28, 2024
The Board may, upon its own motion, and shall, upon the written
			 complaint of any aggrieved person, investigate the activities of a company
			 registered under this chapter and regulations and may deny, suspend, revoke, or
			 otherwise restrict a registration and/or impose a public or private reprimand,
			 other discipline, and/or fine not to exceed ten thousand dollars for an initial
			 violation and not to exceed twenty thousand dollars for subsequent violations
			 and may require payment of investigative costs.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-700.01 - Hearings

Current through Register Vol. 48, No. 6, June 28, 2024
The Chairman, or an alternate designated by the Board, shall
			 preside at a hearing in a manner affording consideration of fair play and
			 compliance with the constitutional requirements of due process. The Chairman or
			 an alternate designated by the Board to preside at a hearing shall also have
			 authority to:
1. Hold a conference for
		  the simplification of issue;
2.
		  Issue subpoenas reasonably requested by the parties;
3. Place witnesses under oath;
4. Take action necessary to maintain order in
		  a hearing;
5. Rule on motions and
		  procedural questions arising during the hearing; and
6. Prescribe and enforce general rules of
		  conduct and decorum.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-700.02 - Role of Board Members

Current through Register Vol. 48, No. 6, June 28, 2024
The members collectively shall be responsible for reviewing
			 evidence and hearing testimony and argument in order to:
(1) Determine whether or not the alleged
		  conduct was supported by the evidence;
(2) Determine whether or not the conduct was
		  a violation of the South Carolina Real Estate Appraiser License and
		  Certification Act and/or related regulations;
(3) Determine and impose appropriate
		  sanctions.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-700.03 - Failure to Appear

Current through Register Vol. 48, No. 6, June 28, 2024
The failure of a protesting party to appear at a scheduled
			 hearing shall be deemed a default and a waiver of all rights except the right
			 to be served with a copy of the order of the Board. Upon a showing of good
			 cause, the Board may grant a request for hearing reinstatement if such request
			 is filed within ten (10) days after the scheduled hearing. In such cases, the
			 hearing may be rescheduled. If the hearing is not reinstated, the protesting
			 party in default may be charged with the costs of the hearing in the amount of
			 five hundred ($500) dollars.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-800.02 - Bad Checks

Current through Register Vol. 48, No. 6, June 28, 2024
Checks issued by an applicant or an appraiser which are returned
			 for insufficient funds or not honored for any cause are considered prima facie
			 evidence of untrustworthiness or incompetency in such a manner as to endanger
			 the interest of the public and may subject the applicant, appraiser, or
			 appraisal management company to disciplinary action.
A. If the check is in payment of a fee for
		  which authority to engage in real estate appraisal or as an appraisal
		  management company has been issued, that authority may be immediately cancelled
		  or revoked.
B. Where a check or
		  checks are incorrectly returned by a bank or other depository because of the
		  bank or depository's error, a statement to that effect from the bank or
		  depository will be required before such appraisal or appraisal management
		  authority will be reissued.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-800.03 - Biennial Fee Schedule

Current through Register Vol. 48, No. 6, June 28, 2024
The following biennial fee schedule may be adjusted, but shall
			 not exceed amounts specified:
Type
Fee
(1) Apprentice appraiser permit
400.00
(2) Apprentice appraiser permit renewal
400.00
(3) Mass appraiser renewal
400.00
(4) Appraiser license/certification examination fee
						  (per application)
100.00
(5) Appraiser license/certification
400.00
(6) Appraiser license/certification renewal
400.00
(7) Late penalty for renewal of
						  license/certification/inactive status:
(a) July 1 through July 31
75.00
(b) August 1 through August 31
100.00
(c) After August 31 and before next renewal
						  period
150.00
(8) Late penalty for submission of continuing education
						  credit
50.00 after August 31
(9) Permit/license/certification replacement fee (per
						  application)
25.00
(10) Personal name change (per application)
15.00
(11) Inactive status
200.00
(12) Reinstatement from inactive licensed or certified
						  appraiser
400.00
(13) Attestation of license/certification (per
						  request)
20.00
(14) Course approval (under 15 hours) (per
						  application)
100.00
(15) Course approval (15 hours or more) (per
						  application)
200.00
(16) Course approval renewal
100.00
(17) Penalty for late course renewal
50.00
(18) Instructor approval (per application)
200.00
(19) Instructor approval renewal
150.00
(20) Penalty for late instructor renewal
50.00
(21) Appraisers roster (per request)
40.00
(22) Appraiser mailing labels (per request)
50.00
(23) Diskette of appraisers roster (per request)
50.00
(24) Change in appraiser classification (per
						  application)
75.00
(25) Appraiser equivalent continuing education approval
						  (per application)
50.00
(26) Bad check charge (per occurrence) by law; see
						  Section
						  34-11-70
						  )
30.00 (or amount specified
(27) Temporary practice permit (per
						  application)
150.00
(28) In addition to the fees listed above, an annual
						  Federal Registry Transmittal fee of 80.00 established by
						  Public Law
						  101-73, Title XI, Real Estate Appraisal Reform
						  Amendments will be charged for all licenses and certifications.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-800.04 - Permit, License, Certification and Registration Renewals

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All appraiser
		  permits, licenses, and certifications expire biennially on June 30 (even
		  years), except those appraisers who first become permitted, licensed or
		  certified in the last quarter of the fiscal year (April 1 to June 30) are not
		  required to renew until the following renewal period. If the initial license is
		  issued in an odd-numbered year, the license shall be renewed the following year
		  and then biennially thereafter.
(B)
		  All appraisal management company registrations expire biennially on June 30
		  (odd years), except those registrations that are received in the last quarter
		  of the renewal year (April 1 to June 30) are not required to renew until the
		  following renewal period. If initial registration is issued in an even-numbered
		  year, the license shall be renewed the following year and then biennially
		  thereafter.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-800.05 - Expired Permit, License, Certificate, or Registration

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Permits, licenses and certificates
		  expired for more than twelve (12) months will be cancelled. Such cancelled
		  permits, licenses and certificates may be considered for reinstatement upon
		  proper application, payment of the original license or certificate fee, and
		  proof of having obtained continuing education equal to the total number of
		  hours that would have been required had the permit, license or certificate been
		  continuously renewed including the most recent 7-hour National Uniform
		  Standards of Professional Appraisal Practice Update Course. Such applications
		  will be reviewed by the Board to determine whether an examination and/or
		  additional real estate appraisal education will be required.
(B) Registrations of an appraisal management
		  company expired for more than twelve (12) months will be cancelled. Such
		  cancelled registration may be considered for reinstatement upon proper
		  application and payment of the original registration fee.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-800.06 - Disclosure of Appraiser Classification and Number

Current through Register Vol. 48, No. 6, June 28, 2024
(A) When signing an appraisal report, an
		  appraiser shall, adjacent to his or her signature, print or type his or her
		  appraiser classification and number assigned by the Board.
(B) When an individual holds himself out as
		  an appraiser either in any advertisement, statement of qualifications, contract
		  or other instrument used by the appraiser, the appraiser shall print or type
		  his or her name, appraiser classification, and number assigned by the Board. If
		  the appraiser signs such document or advertisement, the appraiser shall,
		  adjacent to his or her signature, print or type his or her appraiser
		  classification and number assigned by the Board.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.01 - Educational Providers - Approval Required

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Providers seeking approval to offer and
		  conduct appraiser qualifying instruction (prelicensing/precertification) and/or
		  continuing education instruction must make application on a form approved by
		  the Board. Upon approval, the South Carolina Appraisers Board will issue a
		  Certificate of Approval prior to the commencement of any instruction.
(B) Providers teaching courses prior to being
		  approved by the Board will not have their Certificates of Completion recognized
		  by the Board.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.02 - Exemption from Regulation

Current through Register Vol. 48, No. 6, June 28, 2024
Courses offered as part of a degree program by an accredited
			 college or university or a technical, community, or junior college may be
			 deemed approved by the Board if they are equivalent in hours and subject matter
			 to those specified by the Board. These providers are exempt from regulation by
			 the Board, and original transcripts or other proof of course completion with a
			 passing grade may be recognized and accepted as a prerequisite for examination
			 or for meeting the requirements for continuing education.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.03 - Providers of Courses

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
		  Courses offered by an accredited college or university or a technical,
		  community, or junior college but which are not part of a degree program, may be
		  approved if they comply with the regulations of the Board with regard to
		  curriculum, instructors, classroom facilities, hours of attendance, texts,
		  examinations and Certificates of Completion as well as comply with the policies
		  and procedures of the appropriate department of the institution.
(B) Courses offered by other providers may be
		  approved if they comply with the regulations of the Board with regard to
		  curriculum, instructors, classroom facilities, hours of attendance, texts,
		  examinations. Certificates of Completion and if the policies and procedures of
		  the provider are also approved by the Board.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.04 - Application for Provider Approval

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Providers of courses must furnish to the
		  Board a completed application and all supporting documentation as required by
		  the Board at least sixty (60) days prior to offering course. Applicable fees
		  must accompany the application.
(B)
		  Other information not submitted with the application, but which is information
		  deemed important to the consideration thereof, may be required by the
		  Board.
(C) If the application is
		  disapproved, reason(s) for disapproval will be detailed and the provider may be
		  given thirty (30) days to cure any deficiencies found. If deficiencies are
		  cured, the application will be approved.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.05 - Curriculum and Attendance

Current through Register Vol. 48, No. 6, June 28, 2024
(A)
		  Topics for qualifying courses referenced in the South Carolina Real Estate
		  Appraisers and Appraisal Management Companies Act must be broad in scope and
		  must cover various principles, concepts, standards, practices and/or methods
		  that are applicable to the performance of a wide range of appraisal assignments
		  that will commonly be encountered by licenses or certified appraisers in
		  connection with appraisals in federally-related transactions. The courses must
		  be at least fifteen (15) hours and must include an examination pertinent to
		  that educational offering. Prelicense appraisal courses must be in modules
		  which require a specified number of education hours at each credential level as
		  established by the Appraiser Qualifications Board (AQB) of The Appraisal
		  Foundation.
(B) The seventy-five
		  (75) hours required for qualifying as a real estate apprentice appraiser must
		  include content on the following course modules:
1. Basic Appraisal Principles (30
		  hours);
2. Basic Appraisal
		  Procedures (30 hours);
3. National
		  USPAP Course or its equivalent as determined by the AQB (15 hours).
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.06 - Provider, Instructor and Course Renewals

Current through Register Vol. 48, No. 6, June 28, 2024
All provider, course, and instructor approvals expire biennially
			 on August 31 (even years). If issued in odd-numbered years, they shall be
			 renewed the following year and then biennially thereafter. Renewal forms will
			 be mailed to all approved providers and instructors, and completed forms must
			 be received in the Board's office not later than August 15 to insure renewal by
			 August 31. Renewal fees must accompany the form and a late fee will be charged
			 if received after August 31.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.07 - Enrollment Agreement Policies and Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
(A) An enrollment agreement must be signed by
		  the provider and student prior to the commencement of classes. A copy of the
		  enrollment agreement containing all policies and procedures must be furnished
		  to the student.
(B) The enrollment
		  agreement must contain, at a minimum the following:
1. The name and address of provider and
		  student;
2. Name of
		  course;
3. Tuition and methods of
		  payment, along with terms of any refund policy. If the provider has no policy
		  for refunding fees, it must so state in writing;
4. Provider's policy for cancellation of
		  scheduled courses;
5. The grade
		  required for passing, methods for testing and final grade determination, if
		  applicable;
6. Total hours of
		  attendance required;
7. Scheduled
		  meeting time, dates and location of course; for absences and for re-taking a
		  failed examination, if applicable; and
8. Statement of non-discrimination in
		  admittance requirements.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.08 - Other Operating Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Teaching methods.
Courses must be taught by Board-approved instructors and
			 presented using traditional classroom teaching methods. Correspondence courses
			 will not be approved. Nothing in this section, however, shall prohibit the use
			 of video equipment as a teaching supplement.
(B) Distance Education Courses may be
		  acceptable for qualifying and continuing education provided that the following
		  has been met:
1. The course is presented to an
		  organized group in an instructional setting with a person qualified and
		  available to answer questions, provide information, and monitor student
		  attendance;
2. Asynchronous and
		  synchronous courses have received approval of the International Distance
		  Education Certification Center (IDECC) for the course design and delivery
		  mechanism and the South Carolina Real Estate Appraisers Board for course
		  content;
3. For qualifying and
		  continuing education, the student must successfully complete the course
		  mechanisms required for accreditation which demonstrates mastery and fluency of
		  the content. Incremental student assessments must be present throughout
		  asynchronous continuing education courses in order to be acceptable.
South Carolina Code of Regulations › Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD › Section 137-900.09 - Instructors

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Approved
		  courses held in this state must be taught by Board-approved instructors.
		  Instructors teaching courses which are part of a degree program offered by an
		  accredited college, university, technical college, community college or junior
		  college may be deemed approved by the Board.
(B) Applicants for instructor approval must
		  submit an application form along with supporting documentation as proof of
		  knowledge of subject matter and the ability to teach effectively.
1. As proof of knowledge of the subject
		  matter to be taught, one or more of the following will be considered:
(a) For License and Certified Residential
		  Level Courses, an active state certified residential or certified general
		  appraiser certificate issued by the Board or other authority acceptable to the
		  Board, and at least three (3) years of appraisal experience; or
(b) For Certified General Level Courses, an
		  active state certified general appraiser certificate issued by the Board or
		  other authority acceptable to the Board, and at least three (3) years of
		  nonresidential appraisal experience; or
(c) A college degree in an academic area
		  directly related to the course; or
(d) Previous employment by a state or federal
		  agency performing appraisal work for at least five (5) years immediately
		  preceding application; or
(e) Past
		  experience and/or education acceptable to the Board in a subject area directly
		  related to the course.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-100 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
Section 1-31-40(A)(10), South Carolina Code of Laws provides that "The Commission shall promulgate regulations as may be necessary regarding State Recognition of Native American Indian entities in the State of South Carolina."
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-101 - Scope

Current through Register Vol. 48, No. 6, June 28, 2024
These rules and regulations shall be applicable to all entities seeking Native American Indian State Recognition as a:
A. Native American Indian Tribe.
B. Native American Indian Group.
C. Native American Special Interest Organization.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-102 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in this article, unless the context clearly requires otherwise:
A. "State" means the State of South Carolina.
B. "Commission" means the South Carolina Commission for Minority Affairs.
C. "Board" means a quorum or more of the oversight body of the Commission.
D. "Tribe" means an assembly of Indian people comprising numerous families, clans, or generations together with their descendents, who have a common character, interest, and behavior denoting a separate ethnic and cultural heritage, and who have existed as a separate community, on a substantially continuous basis throughout the past 100 years. In general, core members of the tribe are related to each other by blood. A tribal council and governmental authority unique to Native American Indians govern them.
E. "Group" means a number of individuals assembled together, which have different characteristics, interests and behaviors that do not denote a separate ethnic and cultural heritage today, as they once did. The group is composed of both Native American Indians and other ethnic races. They are not all related to one another by blood. A tribal council and governmental authority unique to Native American Indians govern them.
F. "Special Interest Organization" means an assembly of people who have united for the common purpose of promoting Native American culture and addressing socio-economic deprivation among people of Indian origin. The organization is made up of Native American Indians and other ethnic races. A tribal council or other form of governing body provides oversight and management. Membership is not required. They may be organized as a private nonprofit corporation under the laws of South Carolina.
G. "Official Record" means a record created, received, sanctioned by, or proceeding from an officer acting in an official capacity.
H. "Lineage" means direct descent from a particular ancestor or the descendents of a common ancestor considered the founder of the line.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-103 - Notification of Recognition Status, Appeals and Withdrawals

Current through Register Vol. 48, No. 6, June 28, 2024
A. Formal acknowledgement of the decision of the Board of the Commission regarding the status of an application for State Recognition shall be in writing, and may be further acknowledged in other forms (certificate, plaque, and/or culturally appropriate ceremony) as determined appropriate by the Commission.
B. Whenever an entity receives an unfavorable recommendation from the State Recognition Committee, the entity will be notified by mail within five business days from the date of notification to the Board of the Commission. This notification will include the reason the unfavorable recommendation was given. The entity shall have ten business days from receipt of the notification letter to submit an appeal asking for reversal of that decision. The appeal must state clearly the reasons that the entity believes that the decision should be reversed. The Commission for Minority Affairs must receive the appeal in writing. Entities are barred from submitting new information, updated information, additional exhibits, charts, and/or any additional documentation that was not part of the original petition and considered by members of the State Recognition Committee.
C. An entity may withdraw its request for State Recognition at any point during the initial review process by the State Recognition Committee. After the State Recognition Committee makes its initial recommendations to the Board of the Commission, an entity may not withdraw its request.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-104 - Limitations

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Native American Indian entities recognized by this act, their members, lands, natural resources, or other property owned by such entities or their members, are subject to the civil, criminal, and regulatory jurisdiction and laws of the State of South Carolina, its agencies, and political subdivisions, and the civil and criminal jurisdiction of the courts of the State of South Carolina, to the same extent as any other person, citizen or land in South Carolina.
B. Notwithstanding their state certification, Native American Indian entities have no power or authority to take any action that would establish, advance or promote any form of gambling in the State of South Carolina; nor does this provision of law confer power or authority to take any action which could establish, advance or promote any form of gambling in the State.
C. Nothing in this act recognizes, creates, extends, or forms the basis of any right or claim of interest in land or real estate in this State for any Native American Indian entity recognized by the State.
D. Federally recognized tribes retain all federally recognized sovereignty of rights under this provision of law.
E. State recognized tribes that subsequently obtain federal recognition are not bound by the limitations of this provision and therefore, gain and retain all federally recognized sovereignty of rights under this provision of law.
F. Splinter groups, political factions, communities or groups that separate from the main body of a currently State acknowledged tribe or who claim the same ancestors, history, genealogy, institutions, establishments, or other primary characteristics of a currently recognized tribe, may not be acknowledged under these regulations. However, entities that can establish clearly and on a substantially continuous basis that they have functioned throughout the past one hundred years until the present as an autonomous tribal entity may be acknowledged under this part, even though they have been regarded by some as part of or as having been associated in some manner with an acknowledged South Carolina Indian Tribe. No entities formed after January 1, 2006 shall be granted State recognition as a "Tribe".
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-105 - Criteria for State Recognition

Current through Register Vol. 48, No. 6, June 28, 2024
A. Native American Indian Tribe - requirements 1 through 9 must be satisfactorily met to achieve State Recognition. Requirements 10 and 11 are optional.
(1) The tribe is headquartered in the State of South Carolina and indigenous to this State. The tribe must produce evidence of tribal organization and/or government and tribal rolls for a minimum of five years.
(2) Historical presence in the State for past 100 years and entity meets all of the characteristics of a "tribe" as defined in R. 139-102 (D)
(3) Organized for the purpose of preserving, documenting and promoting the Native American Indian culture and history, and have such reflected in its by-laws.
(4) Exist to meet one or more of the following needs of Native American Indian people - spiritual, social, economic, or cultural needs through a continuous series of educational programs and activities that preserve, document, and promote the Native American Indian culture and history.
(5) Claims must be supported by official records such as birth certificates, church records, school records, U.S. Bureau of the Census records, and other pertinent documents.
(6) Documented kinship relationships with other Indian tribes in and outside the State.
(7) Anthropological or historical accounts tied to the group's Indian ancestry.
(8) A minimum of one hundred living descendents who are eighteen years of age or older, whose Indian lineage can be documented by a lineal genealogy chart, and whose names, and current addresses appear on the Tribal Roll.
(9) Documented traditions, customs, legends, etc., that signify the specific group's Indian heritage.
(10) Letters, statements, and documents from state or federal authorities, that document a history of tribal related business and activities that specifically address Native American Indian culture, preservation, and affairs.
(11) Letters, statements, and documents from tribes in and outside of South Carolina which attest to the Indian heritage of the group.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-106 - Purpose of the Native American Indian Advisory Committee

Current through Register Vol. 48, No. 6, June 28, 2024
It shall be the purpose of the Native American Indian Advisory Committee to preserve the true aboriginal culture of the Americas in the State of South Carolina and to advance the Native American Indian culture by:
(A) Advising the Commission regarding Native American Indian Affairs.
(B) Identifying the needs and concerns of the Native American Indian people of South Carolina by bringing such needs and concerns to the attention of the Commission.
(C) Making recommendations to the Commission to address the needs and concerns of Native American Indian people.
(D) Inviting individuals recognized as specialists in Native American Indian Affairs and representatives of the state and federal agencies to present information to members of the Advisory Committee.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-107 - Membership Requirements for the Native American Advisory Committee

Current through Register Vol. 48, No. 6, June 28, 2024
Entities who want to participate on the Native American Indian Advisory Committee must meet and comply with the following minimum requirements:
(A) The entity must have obtained State Recognition designation as either:
(1) A Tribe.
(2) A Group.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-108 - Membership, Terms, and Voting Power of the State Recognition Committee

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The State Recognition Committee shall consist of five (5) members:
(1) The State Archeologist.
(2) The Executive Director of the Commission for Minority Affairs.
(3) Two members of the Native American Indian Advisory Committee.
(4) One notable Native American leader or scholar from across the United States, excluding South Carolina.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-109 - Duties of the State Recognition Committee

Current through Register Vol. 48, No. 6, June 28, 2024
(A) The State Recognition Committee shall review all information submitted to the Commission for Minority Affairs from entities seeking State Recognition as:
(1) A Tribe.
(2) A Group.
(3) A Special Interest Organization.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article I - STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES › Section 139-110 - Verification of Authenticity of Documents

Current through Register Vol. 48, No. 6, June 28, 2024
(A) All copies of official records and other documents submitted in support of State Recognition of Native American Indian entities must include a means for the State Recognition Committee to ascertain authenticity. In the case of official records, this may include a stamped, dated, embossed, and signed certification on the document by the office from which the record was obtained. For other documents, a signed and notarized affidavit of origin and other relevant information to support authentication is required.
(B) In those instances where records are maintained under lock and key, such as tribal rolls, adoption papers, birth certificates and other legal papers, members of the State Recognition Committee may conduct an on-site review of such documents on the premises of the entity making application. Members of the Committee may request supporting documentation on-site that provides evidence of the existence of a viable Native American Indian "Tribe", "Group", and "Organization".
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article II - ADVISORY COMMITTEES › Section 139-200 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
Section 1-31-40(A)(7),(10), South Carolina Code of Laws, provides that "The Commission shall establish advisory committees representative of minority groups, as the Commission considers appropriate to advise the Commission," and "The Commission shall promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina;."
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article II - ADVISORY COMMITTEES › Section 139-202 - Duties of Advisory Committees

Current through Register Vol. 48, No. 6, June 28, 2024
A. Advise the Commission for Minority Affairs regarding socio-economic issues relevant to African Americans, Hispanics/Latinos, Asians and other ethnic minority groups in South Carolina.
B. Identify the needs and concerns of the various ethnic minorities and bring such needs and concerns to the attention of the Commission for Minority Affairs.
C. Make recommendations to the Commission for Minority Affairs to address the needs and concerns of ethnic minority groups.
South Carolina Code of Regulations › Chapter 139 - COMMISSION FOR MINORITY AFFAIRS › Article II - ADVISORY COMMITTEES › Section 139-203 - Membership, Terms, Size, and Administration of the Advisory Committees

Current through Register Vol. 48, No. 6, June 28, 2024
A. The recommendation and selection of persons to serve on the Advisory Committees shall be made by the Executive Director of the Commission, with the review and approval of the Board of the Commission for Minority Affairs.
B. The committee members shall serve for two year terms and may be recommended for reappointment by the Executive Director of the Commission, with the review and approval of the Board of the Commission for Minority Affairs.
C. Advisory Committees shall not exceed twenty persons.
D. The chair of all Advisory Committees shall be the Executive Director of the Commission for Minority Affairs or a designee appointed by the Executive Director.
E. Advisory Committees serve at the pleasure of the Board of the Commission for Minority Affairs.
F. Advisory Committee members, including Native Americans, serve without compensation or per diem.
G. All meetings, documents and work produced or performed by an Advisory Committee, except as exempted by these regulations, shall be covered by the Freedom of Information Act.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:01 - Definitions › Section 1:15:01:01 - Meaning of terms

Current through Register Vol. 51, page 10, July 15, 2024
The terms used in this article mean:
(1) "Board," the rural development telecommunications network board of directors;
(2) "Director," the executive director of the office of rural development telecommunications network;
(3) "Network," the system of phone lines and satellite equipment used by the rural development telecommunications network;
(4) "RDTN," the office of rural development telecommunications network.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:02 - Organization and operation of the board › Section 1:15:02:01 - Board year - Organization of board

Current through Register Vol. 51, page 10, July 15, 2024
The board year begins on July 1 and ends on June 30. At the first meeting of each year, the board shall organize by electing officers and designating the time for the regular meetings of the board.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-36.