reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-12 - Construction of Rules and Pleadings

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 These rules and regulations shall be liberally constructed to effectuate the
			 purpose and provisions of Chapter 13 of Title I of the 1976 Code and the
			 policies of the South Carolina Human Affairs Commission.
B. All pleadings shall be liberally construed
			 with a view to effecting justice between parties, and the Commission and
			 hearing commissioners will, at every stage of any proceedings, disregard errors
			 or defects in the pleadings or proceedings which do not affect the substantial
			 rights of the parties.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-13 - General Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
The Commission may, in its discretion, conduct such general
				investigations into the problems of discrimination as it deems necessary or
				desirable and may study and report upon the problems of the effect of
				discrimination on any field of human relationships regarding discrimination due
				to race, religion, color, sex, age, or national origin.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-20 - Submission of Equal Employment Opportunity Reports

Current through Register Vol. 48, No. 6, June 28, 2024
Each State Agency, to assure its practice of equal employment,
				shall submit an Equal Employment Opportunity Report to the State Human Affairs
				Commission. Supplementary reports pursuant to the said Report shall be
				submitted to the State Human Affairs Commission on a regular basis as and when
				requested by the State Human Affairs Commission.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-21 - Equal Employment Officer to be Designated

Current through Register Vol. 48, No. 6, June 28, 2024
Each State Agency head shall designate an Equal Employment
				Officer. Said Equal Employment Officer shall be responsible for implementation
				and administration of the required Equal Employment Opportunity Report and
				shall be responsible for any and all reports due to the State Human Affairs
				Commission under said Report. The name of each State Agency's Equal Employment
				Opportunity Officer shall be submitted to the State Human Affairs
				Commission.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-23 - Preservation of Records in Event of Charge of Discrimination

Current through Register Vol. 48, No. 6, June 28, 2024
When a charge of discrimination has been filed with the
				Commission or its federal equivalent, or if an action brought by either entity
				is pending, the employer, labor organization, or employment agency, shall
				preserve all personnel or employment records relevant to the charge or action
				until final disposition of the charge or the action. Failure to retain relevant
				personnel or employment records may result in an adverse inference against the
				party during the course of an investigation.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-24 - Notices to be Posted

Current through Register Vol. 48, No. 6, June 28, 2024
Each employer shall post, keep posted, and maintained in
				conspicuous places upon their premises where notices to employees and
				applicants for employment are customarily posted a notice to be prepared and
				distributed by the Commission setting forth excerpts from and/or summaries of,
				pertinent provisions of the Human Affairs Law, and information pertinent to the
				filing of a complaint.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-30 - Guidelines Established

Current through Register Vol. 48, No. 6, June 28, 2024
Guidelines Established for accommodations arising from
				pregnancy, childbirth, and related medical conditions, including but not
				limited to lactation.
a. To deny an
			 employee a reasonable accommodation when a medical need arises from pregnancy,
			 childbirth or a related medical condition shall be an unfair discriminatory
			 practice within the meaning of Section
			 1-13-80(A)(4)(a)
			 of the South Carolina Human Affairs Law, unless the employer can demonstrate
			 that the accommodation would pose an undue hardship on the operation of the
			 business of the employer.
b.
			 Accommodation requests shall apply to both married and unmarried pregnant
			 employees.
c. An employer may be
			 found in violation of 1-13-80(A)(4)(e) if it takes adverse action against an
			 employee in the terms, conditions, or privileges of employment for requesting
			 or using a reasonable accommodation to the known limitations for medical needs
			 arising from pregnancy, childbirth, or related medical conditions. However, in
			 order for the employee to prevail in demonstrating a violation, the evidence
			 must show that it is more likely than not that retaliation has occurred. It is
			 not the employer's burden to disprove the claim. Evidence of retaliation may
			 include, for example, suspicious timing, verbal or written statements, falsity
			 of the employer's proffered reason for the adverse action, or any other pieces
			 of evidence which, when viewed together, may permit an inference of retaliatory
			 intent.
d. Notice of the right to
			 be free from discrimination or retaliation for medical needs arising from
			 pregnancy, childbirth, or related medical conditions, shall be conspicuously
			 posted at the employer's place of business. If no place of business is located
			 in South Carolina, or if an employee works from home, then the employer shall
			 notify employees of this right in writing.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 1 - HUMAN AFFAIRS LAW › Section 65-40 - Minimum Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
Any local Community Relations Council wishing to be officially
				recognized by the State Human Affairs Commission must meet the following
				minimum requirements:
1) Each council
			 must be composed of at least five (5) or more citizens organized for the
			 purpose of promoting harmony, bettering human affairs, and encouraging fair
			 treatment for, and fostering mutual understanding and respect among, all local
			 citizens.
2) Each council should
			 have the written endorsement of the mayor, city or county council, announcing
			 support for the council's programs and objectives.
3) Any local council which is unable to
			 obtain the express endorsement of its local government must have a membership
			 of at least fifteen (15) or more local citizens.
4) Each council's membership should be
			 representative of the community at large with a fair representation of all
			 racial and ethnic groups, and a fair representation by sex.
5) Each council wishing to be recognized by
			 the State Human Affairs Commission shall send to the Commission's Community
			 Relations Division a copy of the council's bylaws or other documents creating
			 the council, wherein the purpose of the council is clearly set forth; a copy of
			 the written endorsement of the mayor, city or county council; a list of the
			 council's executive officers; and a statement setting forth the racial and
			 sexual composition of the council's membership.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 1 - DISCRIMINATORY CONDUCT › Section 65-210 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. Authority.
This regulation is issued under the authority of the South
				  Carolina Human Affairs Commission to administer and enforce the South Carolina
				  Fair Housing Law.
B. Scope.
(1) It is the policy of the State of South
				Carolina to provide, within constitutional limitations, for fair housing
				throughout the State of South Carolina. No person shall be subjected to
				discrimination because of race, color, religion, sex, handicap, familial
				status, or national origin in the sale, rental, or advertising of dwellings, in
				the provision of brokerage services, or in the availability of residential real
				estate related transactions.
(2)
				This rule provides the Commission's interpretation of the coverage of the South
				Carolina Fair Housing Law regarding discrimination related to the sale or
				rental of dwellings, the provision of services in connection therewith, and the
				availability of residential real estate related transactions.
(3) Nothing in this rule relieves persons
				participating in a Federal or Federally assisted or State or State assisted
				program or activity from other requirements applicable to buildings and
				dwellings.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 1 - DISCRIMINATORY CONDUCT › Section 65-213 - Discrimination in Residential Real Estate Related Transactions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Discriminatory
				practices in residential real estate related transactions.
(1) This rule provides the Commission's
				interpretation of the conduct that is unlawful housing discrimination under the
				South Carolina Fair Housing Law.
(2) It shall be unlawful for any person or
				other entity whose business includes engaging in residential real
				estate-related transactions to discriminate against any person in making
				available such a transaction, or in the terms or conditions of such a
				transaction, because of race, color, religion, sex, handicap, familial status,
				or national origin.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 1 - DISCRIMINATORY CONDUCT › Section 65-217 - Housing for Older Persons

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Purpose.
The purpose of this Rule is to effectuate the exemption in
				  the South Carolina Fair Housing Law that relates to housing for older
				  persons.
B. Exemption.
(1) The provisions regarding familial status
				in this part do not apply to housing which satisfies the requirements of
				65-217(C) or 65-217(D).
(2) Nothing
				in this Rule limits the applicability of any reasonable local, State, or
				Federal restrictions regarding the maximum number of occupants permitted to
				occupy a dwelling.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 1 - DISCRIMINATORY CONDUCT › Section 65-219 - Interference, Coercion or Intimidation

Current through Register Vol. 48, No. 6, June 28, 2024
(1) This Section provides the Commission's
				interpretation of the conduct that is unlawful under the South Carolina Fair
				Housing Law.
(2) It shall be
				unlawful to coerce, intimidate, threaten or interfere with any person in the
				exercise or enjoyment of, or on account of that person having exercised or
				enjoyed, or on account of that person having aided or encouraged enjoyment of,
				any right granted or protected by this section.
(3) Conduct made unlawful under this section
				includes, but is not limited to, the following:
(a) Coercing a person, either orally, in
				writing, or by other means, to deny or limit the benefits provided that person
				in connection with the sale or rental of a dwelling or in connection with a
				residential real estate related transaction because of race, color, religion,
				sex, handicap, familial status, or national origin.
(b) Threatening, intimidating or interfering
				with persons in their enjoyment of a dwelling because of the race, color,
				religion, sex, handicap, familial status, or national origin of such persons,
				or of visitors or associates of such persons.
(c) Threatening an employee or agent with
				dismissal or an adverse employment action, or taking such adverse employment
				action, for any effort to assist a person seeking access to the sale or rental
				of a dwelling or seeking access to any residential real estate related
				transaction, because of the race, color, religion, sex, handicap, familial
				status, or national origin of that person or of any person associated with that
				person.
(d) Intimidating or
				threatening any person because that person is engaging in activities designed
				to make other persons aware of, or encouraging such other persons to exercise,
				rights granted or protected by this section.
(e) Retaliating against any person because
				that person has made a complaint, testified, assisted, or participated in any
				manner in a proceeding under the Fair Housing Law.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 2 - FAIR HOUSING COMPLAINT PROCESSING › Section 65-220 - Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
A. Submission of
				information.
The Commission will receive information concerning alleged
				  discriminatory housing practices from any person. Where the information
				  constitutes a complaint within the meaning of the Fair Housing Law and is
				  furnished by an aggrieved person, it will be considered to be filed under
				  65-220(E). Where additional information is required for purposes of perfecting
				  a complaint under the Fair Housing Law, the Commission will advise what
				  additional information is needed and will provide appropriate assistance in the
				  filing of the complaint.
B.
				Who may file complaints.
Any aggrieved person may file a complaint no later than 180
				  days after an alleged discriminatory housing practice has occurred or
				  terminated. The complaint may be filed with the assistance of an authorized
				  representative of an aggrieved person, including any organization acting on
				  behalf of an aggrieved person.
C. Persons against whom complaints may be
				filed.
(1) A complaint may be filed against
				any person alleged to be engaged, to have engaged, or to be about to engage, in
				a discriminatory housing practice.
(2) A complaint may also be filed against any
				person who directs or controls, or has the right to direct or control, the
				conduct of another person with respect to any aspect of the sale, rental,
				advertising or financing of dwellings or the provision of brokerage services
				relating to the sale or rental of dwellings if that other person, acting within
				the scope of his or her authority as an employee or agent of the directing or
				controlling person, is engaged, has engaged, or is about to engage, in a
				discriminatory housing practice.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 2 - FAIR HOUSING COMPLAINT PROCESSING › Section 65-221 - Referral of Complaints to State and Local Agencies

Current through Register Vol. 48, No. 6, June 28, 2024
A. Notification and referral to substantially
				equivalent local agencies.
(1) Whenever a
				complaint alleges a discriminatory housing practice that is within the
				jurisdiction of a substantially equivalent local agency and the agency is
				certified or may accept referrals with regard to the alleged discriminatory
				housing practice, the Commission will notify the agency of the filing of the
				complaint and refer the complaint to the agency for further processing before
				the South Carolina Human Affairs Commission takes any action with respect to
				the complaint. The Commission will notify the local agency of the referral by
				certified mail.
(2) The Commission
				will notify the aggrieved person and the respondent, by certified mail or
				personal service, of the referral under paragraph (1) of this section. The
				notice will advise the aggrieved person of the right to commence a civil action
				under the Fair Housing Law in an appropriate court, not later than one year
				after the occurrence or termination of the alleged discriminatory housing
				practice. The notice will state that the computation of this one year period
				excludes any time during which a proceeding is pending under this rule, with
				respect to a complaint based on the alleged discriminatory housing practice.
				The notice will also state that the time period includes the time during which
				an action arising from a breach of a conciliation agreement under the Fair
				Housing Law is pending.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 2 - FAIR HOUSING COMPLAINT PROCESSING › Section 65-223 - Investigation Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Investigations
(1) Upon the filing of a
				complaint under 65-220, the Commission will initiate an
				investigation.
(2) The purposes of
				an investigation are:
(a) To obtain
				information concerning the events or transactions that relate to the alleged
				discriminatory housing practice identified in the complaint.
(b) To document policies or practices of the
				respondent involved in the alleged discriminatory housing practice raised in
				the complaint.
(c) To develop
				factual data necessary for the Commission to make a determination whether
				reasonable cause exists to believe that a discriminatory housing practice has
				occurred or is about to occur, and to take other actions provided by the Fair
				Housing Law.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 2 - FAIR HOUSING COMPLAINT PROCESSING › Section 65-225 - Conciliation Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Conciliation.
(1) During the period beginning
				with the initial filing of a complaint and ending with the filing of complaint
				for hearing or dismissal, the Commission will, to the extent feasible, attempt
				to conciliate the complaint.
(2) In
				conciliating a complaint, the Commission will attempt to achieve a just
				resolution of the complaint and to obtain assurances that the respondent will
				satisfactorily remedy any violations of the rights of the aggrieved person, and
				take such action as will assure the elimination of discriminatory housing
				practices, or the prevention of their occurrence in the future.
(3) Where the rights of the aggrieved party
				and the respondent can be protected and the prohibitions with respect to the
				disclosure of information can be observed, the investigator may suspend fact
				finding and engage in efforts to resolve the complaint by
				conciliation.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 2 - FAIR HOUSING COMPLAINT PROCESSING › Section 65-227 - Issuance of Reasonable Cause Determination

Current through Register Vol. 48, No. 6, June 28, 2024
A. Reasonable cause determination.
(1) If a conciliation agreement has not been
				executed by the complainant and the respondent, and approved by the
				Commissioner, within the time limits set forth in paragraph (3)(a) of this
				section, the Commission shall determine whether, based on the totality of the
				factual circumstances known at the time of the decision, reasonable cause
				exists to believe that a discriminatory housing practice has occurred or is
				about to occur. The reasonable cause determination will be based solely on the
				facts concerning the alleged discriminatory housing practice, provided by
				complainant and respondent and otherwise, disclosed during the investigation.
(a) In all cases
(i) If the Commission determines that
				reasonable cause exists the Commission will immediately issue a reasonable
				cause determination on behalf of the aggrieved person, and shall notify the
				aggrieved person and the respondent of this determination by certified mail or
				personal service.
(ii) If the
				Commission determines that no reasonable cause exists, the Commission shall:
				issue a short and plain written statement of the facts upon which the
				Commission has based the no reasonable cause determination; dismiss the
				complaint; notify the aggrieved person and the respondent of the dismissal
				(including the written statement of facts) by certified mail or personal
				service; and make public disclosure of the dismissal. Public disclosure of the
				dismissal may be by issuance of a press release except that the respondent may
				request that no release be made. Notwithstanding a respondent's request that no
				press release be issued, the fact of the dismissal, including the names of the
				parties, shall be public information available on request.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 2 - FAIR HOUSING COMPLAINT PROCESSING › Section 65-229 - Other Action

Current through Register Vol. 48, No. 6, June 28, 2024
A. Other action
				by the Commission.
Inform any Federal, State or local agency with an interest in
				  the enforcement of respondent's obligations with respect to nondiscrimination
				  in housing.
B. Action by
				other agencies.
In accordance with the Act, other agencies, including any
				  agency having regulatory or supervisory authority over financial institutions,
				  are responsible for ensuring that their programs and activities relating to
				  housing and urban development are administered in an affirmative manner to
				  further the goal of fair housing, and for cooperating with the Commission in
				  furthering the purposes of the Fair Housing Law.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 3 - ADMINISTRATIVE PROCEEDINGS › Section 65-230 - General Information

Current through Register Vol. 48, No. 6, June 28, 2024
(A) This
				regulation contains the rules of practice and procedure established by the
				Commission for administrative proceedings before a panel adjudicating the
				claims asserted in a complaint where no party (the complainant, the respondent,
				or an aggrieved party) elects to have the claims decided in a civil
				action.
(B) Hearings under this
				regulation will be conducted as expeditiously and inexpensively as possible,
				consistent with the needs and rights of the parties to obtain a fair hearing
				and a complete record.
(C) The
				Commission will reasonably accommodate persons with disabilities who are
				participants in the hearing process or interested members of the general
				public.
(D) Parties shall file all
				documents with the Commission with a copy to all other parties of record.
				Service of documents upon any party may be made by personal service or by
				mailing a copy to the last known address. When a party is represented by an
				attorney, service shall be made upon the attorney. The person serving the
				document shall certify to the manner and date of service.
(E) The Commission shall serve all notices,
				orders, decisions and all other documents by mail to the last known
				address.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 3 - ADMINISTRATIVE PROCEEDINGS › Section 65-231 - Hearing Panel

Current through Register Vol. 48, No. 6, June 28, 2024
A. Designation.
Proceedings under this part shall be presided over by three
				  members of the Commission appointed by the Chairman. The Chairman shall appoint
				  one of the three as Chief Hearing Commissioner.
B. Authority.
The Chief Hearing Commissioner shall have all powers
				  necessary to the conduct of fair and impartial hearings including, but not
				  limited to, the power:
(1) To conduct
				hearings in accordance with this Rule.
(2) To administer oaths and affirmations and
				examine witnesses.
(3) To issue
				subpoenas.
(4) To rule on offers of
				proof and receive evidence.
(5) To
				take depositions or have depositions taken when the ends of justice would be
				served.
(6) To regulate the course
				of the hearing and the conduct of parties and their counsel.
(7) To hold conferences for the settlement or
				simplification of the issues by consent of the parties.
(8) To dispose of motions, procedural
				requests, and similar matters.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 3 - ADMINISTRATIVE PROCEEDINGS › Section 65-232 - Parties

Current through Register Vol. 48, No. 6, June 28, 2024
A. Parties to the
				proceeding include:
(1) Complainant. South
				Carolina Human Affairs Commission files the complaint under 65-227 seeking
				appropriate relief for an aggrieved party and vindication of the public
				interest.
(2) Respondent. A
				respondent is a person named in the complaint issued under 65-227 against whom
				relief is sought.
(3) Intervenors.
				Any aggrieved person may file a request for intervention under
				65-233.
(4) Rights of parties. Each
				party may appear in person, be represented by counsel, examine or cross-examine
				witnesses, introduce documentary or other relevant evidence into the record,
				and request the issuance of subpoenas.
(5) Amicus Curiae. Briefs of amicus curiae
				may be permitted at the discretion of the panel. Such participants are not
				parties to the proceeding.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 3 - ADMINISTRATIVE PROCEEDINGS › Section 65-234 - Dismissal and Decisions

Current through Register Vol. 48, No. 6, June 28, 2024
A. If a
				timely election is filed to have the claims asserted in the complaint decided
				in a civil action, the Chief Hearing Commissioner shall dismiss the
				administrative proceeding.
B. A
				Chief Hearing Commissioner may not continue an administrative proceeding under
				this Rule regarding an alleged discriminatory housing practice after the
				beginning of the trial of civil action commenced by the aggrieved person under
				an act of Congress or a state law seeking relief with respect to that
				discriminatory house practice. If such a trial is commenced, the Chief Hearing
				Commissioner shall dismiss the administrative proceeding. The commencement and
				maintenance of a civil action for appropriate temporary or preliminary relief
				under the Act does not affect administrative proceedings under this
				Rule.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 3 - ADMINISTRATIVE PROCEEDINGS › Section 65-235 - Hearing Procedures (Review and Enforcement)

Current through Register Vol. 48, No. 6, June 28, 2024
A. Date and place of hearing.
(1) The hearing shall commence not later than
				120 days following the issuance of the complaint unless it is impracticable to
				do so. If the hearing cannot be commenced within this time period, the
				Commissioner shall notify in writing all parties of the reason for the
				delay.
(2) The hearing will be
				conducted at the Commission or at a place in the vicinity in which the
				discriminatory housing practice is alleged to have occurred or about to
				occur.
(3) The complaint issued
				will specify the time, date and place for the hearing. The Chief Hearing
				Commissioner may change the time, date or place of the hearing, or may
				temporarily adjourn or continue a hearing for good cause shown. If such a
				change is made or the hearing is temporarily adjourned, the Chief Hearing
				Commissioner shall give the parties at least five days notice of the revised
				time, date and place for the hearing, unless otherwise agreed by the
				parties.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 3 - ADMINISTRATIVE PROCEEDINGS › Section 65-236 - 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 2 - FAIR HOUSING › Article 3 - ADMINISTRATIVE PROCEEDINGS › Section 65-237 - Availability and Construction 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, South Carolina.
Construction of Rules and Pleadings.
(a) These rules and regulations shall be
				liberally constructed to effectuate the purpose and provisions of the Act and
				the policies of the South Carolina Human Affairs Commission.
(b) All pleadings shall be liberally
				construed with a view to effecting justice between the parties, and the
				Commission; the panel will, at every stage of the proceedings, disregard errors
				in the pleadings or proceedings which do not affect the substantial rights of
				the parties.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 4 - FAIR HOUSING ADVERTISING › Section 65-240 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
The purpose of this rule is to assist all advertising media,
				  advertising agencies and all other persons who use advertising to make, print
				  or publish, or cause to be made, printed, or published advertisements with
				  respect to the sale, rental, or financing of dwellings which are in compliance
				  with the requirements of the Act. These regulations also describe matters the
				  Commission will review in evaluating compliance with the Act in connection with
				  investigations of complaints alleging discriminatory housing practices
				  involving advertising.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 4 - FAIR HOUSING ADVERTISING › Section 65-242 - Scope

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission
				will review in evaluating compliance with the Act in connection with
				investigations of complaints alleging discriminatory housing practices
				involving advertising, the following criteria in making determinations as to
				whether there is reasonable cause to believe that a discriminatory housing
				practice has occurred or is about to occur:
(1) Advertising media. This rule provides
				criteria for use by advertising media in determining whether to accept and
				publish advertising regarding sales or rental transactions. Use of these
				criteria will be considered by the Commission in making determinations as to
				whether there is reasonable cause to believe that a discriminatory housing
				practice has occurred or is about to occur.
(2) Persons placing advertisements. A failure
				by persons placing advertisements to use the criteria contained in this part
				when found in connection with the investigation of a complaint alleging the
				making or use of discriminatory advertisements, will be considered by the
				Commission in making a determination of reasonable cause to believe that a
				discriminatory housing practice has occurred or is about to occur.
South Carolina Code of Regulations › Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION › Subchapter 2 - FAIR HOUSING › Article 4 - FAIR HOUSING ADVERTISING › Section 65-246 - Selective Use of Advertising Media or Content

Current through Register Vol. 48, No. 6, June 28, 2024
The selective use of advertising media or content when
				  particular combinations thereof are used exclusively with respect to various
				  housing developments or sites can lead to discriminatory results and may
				  indicate a violation of the Act. For example, the use of English language media
				  alone or the exclusive use of media catering to the majority population in an
				  area, when, in such area, there are also available non-English language or
				  other minority media, may have discriminatory impact. Similarly, the selective
				  use of human models in advertisements may have discriminatory impact. The
				  following are examples of the selective use of advertisements which may be
				  discriminatory:
(1) Selective
				geographic advertisements. Such selective use may involve the strategic
				placement of billboards; brochure advertisements distributed within a limited
				geographic area by hand or in the mail; advertising in particular geographic
				coverage editions of major metropolitan newspapers or in newspapers of limited
				circulation which are mainly advertising vehicles for reaching a particular
				segment of the community; or displays or announcements available only in
				selected sales offices.
(2)
				Selective use of equal opportunity slogan or logo. When placing advertisements,
				such selective use may involve placing the equal housing opportunity slogan or
				logo in advertising reaching some geographic areas, but not others, or with
				respect to some properties but not others.
(3) Selective use of human models when
				conducting an advertising campaign. Selective advertising may involve an
				advertising campaign using human models primarily in media that cater to one
				racial or national origin segment of the population without a complementary
				advertising campaign that is directed to other groups. Another example may
				involve use of racially mixed models by a developer to advertise one
				development and not others.
(4)
				Similar care must be exercised in advertising in publications or other media
				directed at one particular sex, or a person without children. Such selective
				advertising may involve the use of human models of members of members of only
				one sex, or of adults only, in displays, photographs or drawings to indicate
				preferences for one sex or the other, or for adults to the exclusion of
				children.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 1 - ADMINISTRATION › Section 67-101 - South Carolina Workers' Compensation Commission, Location, Transaction of Business

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 South Carolina Workers' Compensation Commission's offices are located in
			 Columbia, South Carolina.
B. The
			 Commission transacts business weekdays 8:30 A.M. to 5:00 P.M., excluding State
			 holidays.
C. The South Carolina
			 Workers' Compensation Commission remains in continuous session and meets
			 regularly to transact business which comes before it.
D. The Commission determines the assignment
			 of districts within the State and the district assignment of each
			 Commissioner.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-201 - Application of Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 These regulations are entitled to a liberal construction in the furtherance of
			 the purpose for which the South Carolina Workers' Compensation Law is
			 intended.
B. In doubtful cases, the
			 application of these regulations shall be construed in favor of the injured
			 employee.
C. Unless the context
			 otherwise requires, the regulations in this Article shall be construed to apply
			 to all levels of proceedings before the Workers' Compensation
			 Commission.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-204 - Completing Forms

Current through Register Vol. 48, No. 6, June 28, 2024
A. A
			 person filing a form with the Commission shall complete each information blank
			 on the form. Each form shall contain the W.C.C. file number and the employer's
			 FEIN, if known.
B. The Commission
			 may return an incomplete form to the sender with an explanation of its
			 deficiency.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-205 - Filing with the Commission, Defined

Current through Register Vol. 48, No. 6, June 28, 2024
A. The date of filing a form or document with
			 the Commission is provided in subsections B, C, and D.
B. A form or document delivered to the
			 Commission electronically, by first class mail, or by hand delivery is filed
			 the date of receipt in the Commission's offices as indicated by the earliest
			 date stamped on the form or document by an official Commission stamp with the
			 exception of forms and documents delivered pursuant to R.67-205C, R.67-205D,
			 and R.67-205E.
C. A form or
			 document delivered to the Commission by certified or registered mail is deemed
			 filed the date of deposit in the United States Postal Service as indicated by
			 the date of postmark.
D. A form or
			 document transmitted to and received by the Commission electronically on or
			 before 11:59:59 p.m. shall be considered filed with the Commission on that
			 date, provided it is subsequently accepted after review by the appropriate
			 department of the Commission.
E.
			 The following forms or documents are deemed filed on the date on the
			 accompanying certificate of service properly addressed to the Commission: Forms
			 50, 51, 52, 53, 54, 55, 58, 30, and appellate briefs.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-206 - Filing a Claim

Current through Register Vol. 48, No. 6, June 28, 2024
A. To
			 file a claim, file with the Commission's Claims Department a Form 50, Form 52,
			 or a letter as provided below.
B.
			 To file a claim on a Form 50 or Form 52, mark the box at the signature line
			 which states "I am filing a claim. I am not requesting a hearing at this time."
(1) Address and deliver the form to the
			 Claims Department.
(2) Filing a
			 claim requires the WCC file number or the Coverage Coding Form 39 must be
			 included. This requirement may be waived for unrepresented claimants.
(3) Filing a claim does not request a hearing
			 nor is the employer's representative required to file a Form 51 or
			 53.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-207 - Requesting a Hearing, Claimant

Current through Register Vol. 48, No. 6, June 28, 2024
A. A hearing shall be requested by filing a
			 Form 15, Form 50 or Form 52 with the Commission's Judicial Department as
			 provided below:
(1) The party shall mark the
			 box at the signature line on the Form 50 or Form 52 which states, "I am
			 requesting a hearing or sign and date under Section III of the Form 15 "Notice
			 to Injured Worker or Legal Representative When Temporary Compensation Has Been
			 Stopped."
(2) The form shall be
			 addressed and delivered to the Judicial Department pursuant to
			 R.67-205.
(3) The Commission shall
			 serve the Form 15, Form 50 or Form 52 on the employer pursuant to
			 R.67-210 and
			 R.67-211.
(4) When under the laws
			 of this State the employer and its insurance carrier, if any, are required by
			 law to be represented by an attorney in a contested case hearing, an attorney
			 shall be designated according to R.67-603.
(5) The WCC file number or Coverage Coding
			 Form must be included.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-208 - Requesting a Hearing, Employer

Current through Register Vol. 48, No. 6, June 28, 2024
A. The employer's representative may request
			 a hearing by filing the appropriate form as provided below with the
			 Commission's Judicial Department and serving the form pursuant to
			 R.67-211.
B. To request a hearing
			 for permission to pay compensation due to death, permanent partial, or
			 permanent total compensation, file a Form 21 with the Judicial Department.
(1) The claimant may, but is not required to,
			 file a response to the Form 21 in writing.
(2) File a response, if any, as provided by
			 R.67-604B(1)
			 and B(2).
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-209 - Computation of Time

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 day of the event, after which a designated period of time begins, is excluded.
			 The last day, of the designated time period, is included.
B. Saturdays, Sundays, State, and Federal
			 holidays are included unless the designated time period ends on a Saturday,
			 Sunday, State, or Federal holiday in which case the next day that is not a
			 Saturday, Sunday, State, or Federal holiday is included as the last
			 day.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-210 - Parties Served

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Serve the following parties:
(1) The insurer's
			 designated recipient as in R.67-401
			 (the employer is not served);
(2)
			 The employer directly when the employer is uninsured;
(3) The party when the party is not
			 represented by an attorney;
(4) The
			 Second Injury Fund;
(5) The State
			 Accident Fund.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-211 - Service of Forms and Documents

Current through Register Vol. 48, No. 6, June 28, 2024
A. Claimant's Request for Hearing.
(1) When the claimant is represented by an
			 attorney, the attorney shall serve a copy of the Form 50 or Form 52 hearing
			 request electronically or by depositing the form in the United States Postal
			 Service first class postage, addressed to the opposing parties pursuant to
			 R.67-210. Service is
			 deemed complete upon mailing or electronic transmission unless the form is
			 returned or the sender's or recipient's electronic server indicates that the
			 transmission was unable to be completed. If the form is returned or unable to
			 be transmitted, service may be completed pursuant to the South Carolina Rules
			 of Civil Procedure. A hearing will not be set until service is complete and
			 proof of service is filed with the Judicial Department.
(2) When the claimant is not represented by
			 an attorney, the claimant may serve the Form 50 or Form 52 hearing request as
			 set forth in A(1). When the claimant does not serve the hearing request, the
			 Commission must serve the request electronically or by depositing the form in
			 the United States Postal Service first class postage, addressed to the opposing
			 parties per R.67-210.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-213 - Service of Orders, Hearing Notices, and Review Hearing Notices

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission
			 serves orders electronically, by certified mail, return receipt requested or by
			 deposit in the United States Postal Service, first class postage, addressed to
			 the parties pursuant to R.67-210.
(1) Service
			 is made by delivering a copy of the order to an unrepresented party or to the
			 attorney representing the party.
(2) When service is made by certified mail,
			 the date of service is the date of the addressee's receipt indicated by the
			 certified mail return receipt. When service is made by first class mail, five
			 days are added to the date of mailing. Service by first class mail is deemed
			 complete five days after the date of deposit in the United States Postal
			 Service. Service made electronically is deemed complete five days after the
			 date the electronic transmission is completed, unless the Commission's
			 electronic server indicates that the transmission was unable to be
			 completed.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-214 - Subpoenas

Current through Register Vol. 48, No. 6, June 28, 2024
A. A party may
			 subpoena a person or document(s), by completing and serving a Form 27 as set
			 forth in this section.
B. When the
			 party issuing the Form 27 is represented by an attorney, the attorney shall
			 complete and sign the Form 27.
C. A
			 party not represented by an attorney may obtain a Form 27 Subpoena signed by an
			 authorized representative of the Commission by (1) completing but not signing
			 the Form 27, and (2) submitting the unsigned Form 27 to the Commission's
			 Judicial Department to be signed by an authorized representative of the
			 Commission.
D. When the person
			 being served is represented by an attorney, the Form 27 shall be served by
			 depositing the Form 27 in the United States Postal Service, first class postage
			 addressed to the attorney. Service is deemed complete upon mailing, unless the
			 form is returned. If the form is returned, service may be completed pursuant to
			 South Carolina Rules of Civil Procedure.
E. When the person being served is not
			 represented by an attorney, the Form 27 shall be served on the person by
			 personal service or by certified mail, return receipt requested, delivery
			 restricted to the addressee. When service is by certified mail, service is
			 complete on the date of the addressee's receipt of the form as indicated by the
			 signed certified receipt. If the form is returned, service may be completed
			 pursuant to the South Carolina Rules of Civil Procedure.
F. A party is not required to copy the
			 Commission when serving a Form 27 in accordance with subsections D. and E. When
			 the Form 27 is to be used at a hearing, the person sending the Form 27 shall
			 retain a copy and proof of service to be presented at the hearing as
			 necessary.
G. The signature of an
			 attorney on a Form 27, or the written request to the Commission for the
			 execution of a Form 27 by an unrepresented party, constitutes a certification
			 by the attorney or party that he or she has read the Form 27; that to the best
			 of his or her knowledge, information, and belief there is good ground(s) to
			 support it; that it is not being presented for any improper purpose such as to
			 harass, cause unnecessary delay, or increase the cost of litigation; and that
			 it is only seeking information relevant to a party's claim or defense, or to a
			 party's right to compensation from a third party.
H. A person may contest a Form 27 by filing
			 and serving a motion to quash or modify pursuant to R.67-215.
South Carolina Code of Regulations › Chapter 67 - SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION › Article 2 - GENERAL › Section 67-215 - Motions

Current through Register Vol. 48, No. 6, June 28, 2024
A. This regulation
			 governs motions practice at all levels of proceedings before the Commission. A
			 party may file a motion when a form is not applicable. The Commission will
			 accept motions including, but not limited to, a motion
(1) Relating to a subpoena or
			 discovery;
(2) Relating to the
			 appointment of a Guardian ad Litem;
(3) Relating to an attorney's appearance,
			 withdrawal, or fee;
(4) Relating to
			 a claim pending Commission review;
(5) Relating to postponing or adjourning a
			 hearing;
(6) Relating to
			 self-insurance privileges;
(7)
			 Relating to penalties and or interest;
(8) Relating to third party
			 practice.