reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-11 - Seals

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Each registered professional geologist shall obtain a seal, which may be an embosser or a rubber stamp bearing the registrant's name, registration number, and the legend "Registered Professional Geologist." The seal of the registrant shall be used in accordance with this section.
(B) The seal and signature of a registrant on a document constitutes a certification that the document was prepared by the registrant or under his direct supervision, and that the registrant has reviewed the document in sufficient depth to fully coordinate and assume responsibility for materials prepared by another registrant.
(C) When sealing of documents is required by statute, other authority or contract, an imprint of the registrant's valid seal shall appear, along with his signature and date, on the cover page of geologic reports or other geologic documents bound in book form as well as on each sheet of unbound geologic drawings, cross sections, or maps prepared by or under the responsible charge or direct supervision of the registrant whenever these documents are relevant to public welfare or the safeguard of life, health, property and the environment, pursuant to Section40-77-290, South Carolina Code of Laws 1976, as amended.
(D) Additions, deletions, or other revisions to sealed documents shall not be made unless such changes are sealed, dated, and signed by the registrant who made the revisions or under whose direction and control said revisions were made.
(E) An electronic seal and signature are permitted to be used in lieu of an original seal and signature when the following criteria, and all other requirements of this section, are met:
(1) it is a unique identification of the professional;
(2) it is verifiable;
(3) it is under the professional's direct and sole control;
(4) it is linked to a document in such a manner that changes are readily determined and visually displayed if any data contained in the document file was changed subsequent to the electronic seal and signature having been affixed to the document; and
(5) changes to the document after affixing the electronic seal and signature shall cause the electronic seal and signature to be removed or altered in such a way as to invalidate the electronic seal and signature;
(6) once applied, the document shall be available in a view only format if the document is to be electronically transmitted;
(7) the graphic image shall be readily available and produced in a manner consistent with Reg. Regulation Regulation 131-11.A and shall contain the same words and shall have substantially the same graphic appearance and size as required when the image of the electronically transmitted document is viewed at the same time as the document in its original form;
(8) the graphic display of the seal shall be in compliance with state law; and
(9) the electronic seal and signature must be acceptable to the receiving entity.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-12 - Continuing Professional Competency

Current through Register Vol. 48, No. 6, June 28, 2024
(A) Professionals licensed to practice geology are required to demonstrate a continuing development of professional competency. Each registrant shall submit a continuing education report on a form approved by the Board as a condition of renewal.
(B) Continuing Education Requirements.
(1) Every registrant is required to obtain twenty-four (24) contact hours for each biennium of registration.
(2) If a registrant exceeds the biennial requirements in any renewal period, a maximum of eight (8) contact hours may be carried forward into the ensuing renewal period.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-13 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
All fees required shall be transmitted by money order, bank draft, or a check made payable to the Board. No fees are refundable. The Board may charge fees as shown in South Carolina Code of Regulations Chapter 10-18 and on the South Carolina Board of Registration for Geologists website at
http://llr.sc.gov/POL/Geologists/
.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-14 - Code of Ethics for Professional Geologists and Geologists-in-Training

Current through Register Vol. 48, No. 6, June 28, 2024
(A) General Obligations.
(1) Registrants shall be guided by the highest standards of person integrity and professional conduct.
(2) Registrants shall pursue honesty, integrity, loyalty, fairness, impartiality, candor, fidelity to trust, inviolability of confidence, and honorable conduct as a way of life.
South Carolina Code of Regulations › Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS › Section 131-15 - Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
Complaints shall be filed and processed in accordance with Chapter 1 of Title 40 and the Administrative Procedures Act, South Carolina Code of Laws 1976, as amended.
South Carolina Code of Regulations › Chapter 132 - SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD › Section 132-1 - Legal Fees

Current through Register Vol. 48, No. 6, June 28, 2024
Attorneys fees provided for in Section 16-3-1340 of the Crime Victim's Compensation Act, when awarded, shall be in addition to and separate from the aggregate award to which a claimant is entitled. Such award may not exceed the lesser of 10% of the aggregate amount awarded to and on behalf of claimant or $60 per hour for the time (itemized) reasonably expended in performing legal services for claimant in a legal proceeding under the Act.
South Carolina Code of Regulations › Chapter 132 - SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD › Section 132-2 - Direct Award

Current through Register Vol. 48, No. 6, June 28, 2024
An award for lost wages shall be paid directly to the victim.
An award for expenditures made shall be paid directly to the person who made the expenditure for or on behalf of the victim.
An award for services or supplies which have not yet been paid for shall be paid directly to the provider.
South Carolina Code of Regulations › Chapter 132 - SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD › Section 132-3 - Same Household

Current through Register Vol. 48, No. 6, June 28, 2024
The "interest of justice" exception in Section 16-3-1220 is construed to authorize an award otherwise barred by that section, only upon a finding that no person who committed or aided in the commission of the crime giving rise to the claim or a related crime, will benefit, directly or indirectly, from the award.
Such determination shall be separately stated along with the facts which support that determination.
South Carolina Code of Regulations › Chapter 132 - SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD › Section 132-4 - Age of Consent

Current through Register Vol. 48, No. 6, June 28, 2024
For purposes of the South Carolina Crime Victims' Compensation Act, a victim of criminal sexual conduct, who is between the age of 14 and 16 years, is presumed not to have caused or contributed to his or her injury, if the actor is either a) older than the victim or b) in a position of familial, custodial, or official authority to coerce the victim to submit. (See Section 16-3-655(3) ). Such presumption shall apply in any case where the victim is less than 14 years of age.
South Carolina Code of Regulations › Chapter 133 - DEPARTMENT OF PARKS, RECREATION AND TOURISM › Section 133-100 - General Program Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. Preamble
(1) Recreation and Parks are a vital part of the lives of our citizens, and as such, the provision of park and recreation services is a duty of government.
(2) In confirming this belief, The South Carolina General Assembly created the Park and Recreation Development Fund (PARD). The fund which is administered by the Department of Parks, Recreation and Tourism (PRT), is intended to assist with permanent improvements of park and recreation facilities which will be open to the general public.
(3) It is the intent of the PARD program to stress that development and renovation result in high quality facilities. Emphasis will be placed on providing these funds within areas which have demonstrated track records of providing park and recreation services and the ability to operate and maintain facilities in a responsible manner.
(4) We encourage the distribution of the PARD Funds to those city, county and special purpose districts which have been specifically mandated to provide for park and recreation services as a primary function. Those agencies which provide such services as a secondary function should coordinate their efforts with primary agencies.
(5) Realizing that there are many methods to distribute funds within a "county area", it is recommended that each county area determine which method is best suited for it and take the above points into consideration. One method which is encouraged is to distribute within those counties having more than one park and recreation agency an amount to each commensurate with their per capita share in relation to the county's population.
(6) Wherever possible, county areas which have multiple agencies providing park and recreation services are encouraged to develop county-wide recreation plans for facility development to help insure that the limited PARD dollars are efficiently expended.
South Carolina Code of Regulations › Chapter 133 - DEPARTMENT OF PARKS, RECREATION AND TOURISM › Section 133-101 - General Administration

Current through Register Vol. 48, No. 6, June 28, 2024
A. Eligibility
(1) An Eligible Entity is any local governmental unit, including a special purpose district, which has provided parks or recreation services for at least twelve months prior to the date of application. Such eligibility will be determined by PRT. The South Carolina Department of Parks, Recreation and Tourism is the only State agency eligible for funding.
(2) Once an agency is determined to be eligible for PARD Funds, the agency must maintain the standards established in 133-101.A in order to maintain eligibility. An agency which does not maintain these requirements of during the budget year preceding a grant cycle will lose their eligibility.
(3) It is necessary for agencies who have previously received PARD Funds to abide by their previous agreements. Agencies who break leases or disregard the portions of the agreements concerning the maintenance, operation and use will be determined to be ineligible for future PARD Funds until these discrepancies are rectified.
(4) In general, PARD funds may be used for:
(a) planning of park and recreation facilities and systems;
(b) development of new park and recreation facilities and infrastructure and;
(c) renovation of existing park and recreation facilities and infrastructure.
(d) PRT may use up to five percent of their share of the PARD funds for program administration. Eligible Projects are further described in 133-102, 133-103, and 133-104 of this manual.
South Carolina Code of Regulations › Chapter 133 - DEPARTMENT OF PARKS, RECREATION AND TOURISM › Section 133-102 - Planning Assistance

Current through Register Vol. 48, No. 6, June 28, 2024
A. Planning Results
Upon completion of the planning project, three copies of the final document must be forwarded to PRT along with the final billing.
B. Eligible Planning Projects
(1) Master Planning for future park and recreation facilities and programs.
(2) Updating existing master plans for future recreation facilities and programs.
(3) Evaluating specific portions of an existing master plan for future recreation facilities and programs to determine their current status.
(4) Environmental impact studies of existing or proposed recreation facilities and programs.
(5) Site specific evaluations of existing recreation facilities for purposes such as handicap accessibility, safety, and management techniques.
(6) Surveys and marketing studies to determine the need for future recreation facilities and programs.
South Carolina Code of Regulations › Chapter 133 - DEPARTMENT OF PARKS, RECREATION AND TOURISM › Section 133-103 - Development Assistance

Current through Register Vol. 48, No. 6, June 28, 2024
A. Guidelines for Development Projects
Development projects are site specific improvements on public lands for recreation purposes. All construction, whether indoor or outdoor, is to be new construction of facilities which currently do not exist.
B. Eligible Development Projects
(1) Development of outdoor public recreation facilities.
(2) Development of indoor public recreation facilities.
(3) Development of roads, parking areas, support facilities, utilities and other infrastructure for public recreation facilities.
(4) Improvement of natural resource features.
South Carolina Code of Regulations › Chapter 133 - DEPARTMENT OF PARKS, RECREATION AND TOURISM › Section 133-104 - Renovation Assistance

Current through Register Vol. 48, No. 6, June 28, 2024
A. Guidelines for Renovation Projects
Renovation projects are site specific improvements on public lands for recreation purposes. All construction, whether indoor or outdoor, is to alter facilities which currently exist. This alteration should increase the utility of the existing structure and not be normal maintenance of the facility.
B. Eligible Renovation Projects
(1) Renovation of existing recreation structures to make them accessible to the handicapped.
(2) Altering existing structures so as to increase their utility as recreation facilities.
(3) Modifying existing structures which are currently not being used for recreation purposes such that after alteration their primary use will be for public recreation.
(4) Replacement of permanent improvements to parks and recreation facilities which have outlived a reasonable lifetime.
(5) Repairs to natural resource structures.
South Carolina Code of Regulations › Chapter 134 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- BOARD OF PODIATRY EXAMINERS › Section 134-10 - License to Practice Podiatry

Current through Register Vol. 48, No. 6, June 28, 2024
No applicant shall be examined by the Board to practice podiatry in this State unless the applicant shall:
(1) Present to the Board's satisfaction, evidence that he:
(a) has received four years of high school training;
(b) has completed at least three years of pre-podiatry training at a recognized college;
(c) has received a diploma or certificate of graduation from a recognized college of podiatric medicine, which has been accredited by the Council on Podiatric Medical Education.
South Carolina Code of Regulations › Chapter 134 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- BOARD OF PODIATRY EXAMINERS › Section 134-20 - Fees to Practice Podiatry

Current through Register Vol. 48, No. 6, June 28, 2024
The Board may charge fees as shown in South Carolina Code of Regulations Chapter 10-32 and on the South Carolina Board of Podiatry Examiners website at
https://llr.sc.gov/pod/
.
South Carolina Code of Regulations › Chapter 134 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- BOARD OF PODIATRY EXAMINERS › Section 134-60 - Podiatrist Supervision and Administration of Hyperbaric Oxygen Therapy

Current through Register Vol. 48, No. 6, June 28, 2024
(1) A licensed podiatrist who meets and complies with all requirements of this section may supervise and/or administer hyperbaric oxygen therapy to his or her patient for the purpose of treating conditions of the foot or ankle, provided such conditions are within the scope of the practice of podiatry, as defined in Section 40-51-20.
(2) Hyperbaric oxygen therapy or "HBOT" means a treatment in which a patient intermittently breathes 100 percent pure oxygen while inside a treatment chamber at two to three times the atmospheric pressure at sea level.
(3) A licensed podiatrist may supervise and/or administer HBOT treatment for conditions of the foot or ankle, provided such conditions are within the scope of the practice of podiatry as defined in Section 40-51-20, and provided that he or she has:
(a) Received educational training in the administration of HBOT. Specifically, podiatrists supervising hyperbaric oxygen therapy should be certified in Undersea and Hyperbaric Medicine by the American Board of Emergency Medicine (ABEM) or the American Board of Preventive Medicine (ABPM); or must have completed additional training in hyperbaric medicine that includes at least 40-hour training and Advanced Cardiac Life Support (ACLS) training as approved by the Board; and
(b) Been credentialed to perform the supervision and administration of HBOT by a hospital or other medical facility.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-001 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
A. The purpose of these regulations is to establish standards for the promotion and continuance of a centralized, coordinated system of pilotage that will assure the safe and efficient movement of ocean-going shipping in to, out of and within the seaports of the State of South Carolina.
B. Safety shall be the primary objective of pilotage and shall focus upon the safety of vessels in transit, of vessels moored, of bridges and other waterfront structures, of channels and other navigable waterways, and protection of the marine environment.
C. Pilotage standards shall pursue the major objective of safety and the secondary objective of efficient movement by addressing, but not be limited to, each of the following aspects:
(1) Selection, training and qualification of pilots,
(2) Licensure and registration of pilots,
(3) Reports of accidents, risks, and other matters affecting vessel safety,
(4) Relationship to federal pilotage,
(5) Pilot logistical support systems,
(6) Vessel movement restrictions,
(7) Docking and undocking,
(8) Administration.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-005 - Area of Jurisdiction

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioners for the Lower Coastal Area have jurisdiction for the pilot waters between Cape Romain, S.C. and the South Carolina side of the Savannah River.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-007 - Policies and Procedures Manual

Current through Register Vol. 48, No. 6, June 28, 2024
The Commissioners shall publish and maintain a current Policies and Procedures Manual (PPM). The PPM shall provide guidance regarding the administration of matters coming before the Commissioners.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-010 - Requirement for Licensure

Current through Register Vol. 48, No. 6, June 28, 2024
No person may be licensed as a pilot without first having successfully completed the required three-year program of apprentice training and qualification. This is applicable to temporary and emergency licenses as well as to regular full branch and short branch licenses.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-011 - Apprentice Training and Qualification Program

Current through Register Vol. 48, No. 6, June 28, 2024
A. The apprentice training and qualification program shall include the satisfactory completion of an apprentice training course approved by the Commissioners.
B. In addition to satisfactory completion of the apprentice training course, every apprentice shall become qualified to perform boat crew duties on board every class of pilot vessel and to stand communications watches at the pilot office. The apprentice training and qualification program shall consist of both the approved Apprentice Training Course and the three-year term of apprentice training.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-012 - Apprentice Selection Process

Current through Register Vol. 48, No. 6, June 28, 2024
A. Applicants for apprenticeship shall submit applications to the Commissioners on application forms provided by the Commissioners. A non-refundable application fee shall be submitted with each application.
B. Upon a determination of eligibility by the Commissioners, copies of the complete applications of eligible applicants will be forwarded to the pilots.
C. At such times as vacancies may be forecast or occur within the register of pilots, the Commissioners shall certificate from among the eligible applicants the best qualified individual or individuals for apprenticeship. Selection shall be in accordance with selection criteria procedures, based upon numerical ranking, promulgated by the Commissioners. No agency shall require the selection of more apprentices than needed to fill projected vacancies.
D. Numerical ranking shall be based upon a 100 point system, with 25 points for each of the following categories:
(1) Academic. Each High School Graduate shall receive 5 points. In addition, each applicant's cumulative grade point average, on a 4.0 scale, shall be multiplied by a factor of 5 for persons with a baccalaureate, or higher, degree and by a factor of 2.5 for persons with an associate or equivalent, two-year degree.
(2) Previous maritime experience. The Commissioners shall award points to applicants pursuant to subpart 136-015.
(3) Interview. Every applicant shall be interviewed by the Commissioners. Each person interviewed shall be assigned from 0 to 25 points based upon objective scoring guidelines published by the Commissioners.
(4) Pilot potential. The Commissioners shall forward the application files of every eligible applicant to the pilots who shall consider the documentary evidence submitted with the application, any letters of recommendation received, and other information in the applicant's file. The pilots shall assign from 0 to 25 points to those applicants whose applications indicate that they have the greatest potential and who they believe are the best qualified to become pilots and future business partners, in accordance with the criteria contained in the Policies and Procedures Manual.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-013 - Pilot and Apprentice Age Limitations

Current through Register Vol. 48, No. 6, June 28, 2024
The required physical rigors and necessary stamina render service as a pilot in the Lower Coastal Area to be such that no pilot seventy years or older will be registered.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-014 - Apprentice Citizenship and Physical Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every apprentice applicant must meet the requirements of Section 54-15-100 of the 1976 Code and the Coast Guard requirements for citizenship, physical health, and general federal licensure as contained in  46 CFR 10.201-10.225 and 10.301-10.306.
B. All apprentice applicants must certify and be prepared to demonstrate that they can swim unassisted for a distance of not less than 100 meters and can remain afloat unassisted for a period of not less than fifteen minutes immediately thereafter.
C. Every applicant for apprenticeship must be a resident of the State of South Carolina.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-015 - Previous Maritime Experience, Apprentice Applicants

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commission shall ensure that eligible applicants for apprenticeship be assured that any previous maritime experience is considered in the selection process.
B. The Commissioners shall assign up to 25 points to any applicant who has demonstrated previous maritime knowledge or experience. Consideration will be given to the following federal license and experience factors:
KIND OF MARINE EXPERIENCE DOCUMENTED POINTS
1. Master, oceans, any gross tons 21
2. Chief Mate, oceans, any gross tons 19
3. Second Mate oceans, any gross tons 17
4. Third Mate, oceans, any gross tons 15
5. Master, near coastal less than 100 GT 10
6. Operator, uninspected towing vessel or Inland Master 10
7. Federal first class pilot license or endorsement 1
8. Motorboat operator license 5
9. Small craft and sailing experience
(a) Collegiate sailing team member, years on team 1 to 4
(b) Local sailing and offshore regatta crew 1 to 5
(c) Small craft operation in Charleston Harbor and 5 approaches, 1 point per year, but experience must equal or exceed 100 days per year, up to a maximum of (Note: The points awarded for small craft experience cannot total more than five points.) Points awarded to the above factors 1 through 9 may be accumulated to a maximum of 25.
10. The Commissioners may award up to 5 points for maritime-related credentials not listed above.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-016 - Apprentice Training Course Curriculum

Current through Register Vol. 48, No. 6, June 28, 2024
A. Satisfactory completion of the Apprentice Training Course at Charleston as approved by the Commissioners and the Commandant of the U.S. Coast Guard, requires that the apprentice must have satisfactorily completed 360 round trips encompassing a minimum of 360 days of training aboard vessels over 1600 gross tons. This course of instruction is approved by the Commandant of the U.S. Coast Guard pursuant to  46 CFR Part 10  Subpart D.
B. General Curriculum Requirements:
(1) In order to satisfactorily complete this training course, every apprentice must solo to the satisfaction of the majority of the supervising pilots on every route, day and night, ebb and flood tides, and on every size category of vessel calling at the port. The curriculum of the approved course requires that apprentices learn to direct the movement of vessels, apply the proper rules of the nautical road and other maritime procedures, interface and coordinate with other affected vessels and facilities, and record certain information. During each vessel movement to which the apprentice is assigned, the apprentice shall accompany the licensed pilot assigned to the vessel. The licensed pilot serves as the expert-master and interacts with the apprentice in observational and mastery learning processes. The ultimate result of the training is marked by the apprentice's satisfactory piloting of vessels under the supervision of the various pilots assigned to those movements without the need for those assigned pilots to offer coaching or verbal guidance. This accomplishment is termed a "solo".
(2) In addition to the above, the progress of every apprentice must be marked semi-annually during his or her term of apprentice training by the pilots with whom he or she has received instruction in the areas of:
(a) Procedures
(b) Skillfulness
(c) Communications
(d) Attitude
(3) Every apprentice must receive satisfactory grades from the majority of the pilots during each semi-annual progress report period. A 3.2 grade point average on a 4.0 scale in every area of grading is required as the minimal satisfactory grade. This minimal grade shall be obtained during the final progress report period in order for an apprentice to receive a certificate that he or she has satisfactorily completed this training course. The Course Monitor shall semiannually advise each apprentice regarding his or her progress and shall also advise the Commissioners.
(4) Failure to receive satisfactory grades during the apprentice training course can result in the termination of the apprentice training program for any apprentice at any point in the program by the Commissioners.
(5) The discovery that any apprentice fails to satisfy the physical requirements for federal licensure shall be just cause for the termination of any such apprentice without regard to the grades received in the apprentice training course.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-017 - Completion of Apprenticeship

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon the successful completion of the three-year apprenticeship training and qualification program, including certification by the course monitor of satisfactory completion of the apprentice training course, the pilots shall provide the Commissioners with the name of every successful apprentice along with their recommendations regarding his or her prospective licensure by the Commission.
B. The complete training record of every apprentice so recommended shall be brought before the Commissioners at the time such apprentice's name is presented.
C. Nothing shall prohibit the Commissioners from periodically reviewing the progress of any apprentice undergoing training, and reviewing the progress reports on every apprentice that have been submitted by the pilots.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-020 - Short Branch Qualification

Current through Register Vol. 48, No. 6, June 28, 2024
A. The term of the apprentice training and qualification program shall be followed by a period of not less than three years for advanced qualification as a short branch pilot.
B. With the consent of the apprentice who has passed the term of apprenticeship, the period of short branch qualification may be suspended for a period of time to be approved by the Commissioners. Under such circumstances, the Commissioners shall assure that the passed apprentice has completed a sufficient number of refresher round trips prior to licensure.
C. The various tonnage and draft limitations for each short branch shall be:
(1) Initial (first) Short Branch (six months) ...Limited to the average Gross Registered Tons rounded up to the next highest thousand for the previous calendar year and limited to the average deep draft, rounded up to the next even number of feet, said tonnage and draft averages will be for the previous calendar year.
(2) Second Short Branch (six months) ...No tonnage limit, deep draft limit to be the deep draft limit applicable in subparagraph (1) above, plus two feet.
(3) Third Short Branch (one year) ...No tonnage limit, deep draft limit to be the deep draft limit applicable in subparagraph (1) above, plus five feet.
(4) Fourth Short Branch (one year) ...No tonnage limit, deep draft limit to be the deep draft limit applicable in subparagraph (1) above, plus twelve feet.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-030 - Pilot Registration

Current through Register Vol. 48, No. 6, June 28, 2024
A. The minimum number of full branch pilots for the Lower Coastal Area shall be established by the Commissioners to be sufficient to handle the number of vessels requiring pilot services. The Commissioners for the Lower Coastal Area may authorize a number of short branch pilots in addition to the number established for full branch pilots.
B. In developing the minimum number of pilots necessary, the Commissioners shall consider the average annual number of vessel movements, including both federal and state pilotage, handled by each full branch pilot for each of the previous five years. They shall also consider the average amount of pilot time required per average movement.
C. The Commissioners shall adopt procedures for monitoring increases and decreases in workload to assure that an adequate number of full branch pilot positions are established to efficiently handle the workload. The Commissioners shall further consider the recommendations of the pilots relative to developing the number of pilots required.
D. Every pilot being registered shall have a thorough physical examination every year. An individual's registration remains valid through the end of the month in which the first anniversary of the most recent satisfactory physical examination occurs. If invalidated by expiration of the previous physical, registration is restored once a satisfactory physical examination has been completed, without further action by the Commission or other authority. Pilots holding and maintaining a Medical Certificate for a First Class Pilot issued by the United States Coast Guard are deemed medically fit to perform the duties of a State Registered Pilot. Annual physicals will be recorded on a form approved by the Commissioners that is:
(a) signed by an appropriately licensed physician;
(b) signed by the applicant attesting to the status as of that date of his or her Coast Guard Medical Certificate; and
(c) submitted within 30 days of the completion of the physical. Pilots not holding a current Medical Certificate issued by the United States Coast Guard for a First Class Pilot may petition the Commissioners for a determination of medical fitness by alternate means.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-032 - Board of Examiners

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Board of Examiners shall supervise the administration of a written examination, approved by the Commissioners, to every candidate for pilot licensure.
B. The Commissioners shall provide the examiners written documentation relative to the qualifying piloting experience of the license candidate. The examiners shall be unanimously satisfied that the evidence of experience provided adequately demonstrates the necessary experience for the license for which the candidate is to be licensed.
C. The examiners shall orally examine each candidate for licensure with spontaneous questions and discussion. These questions shall be equal in importance and difficulty. These questions shall be of a technical maritime nature and shall include those subjects included in Section 54-15-60(B) of the 1976 South Carolina Code, as amended.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-035 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. Pilot Registration Fees shall be set by the Commissioners, and collected annually, sufficient to maintain funds for administration, travel, and operational and investigative duties of the Commissioners. Annual Pilot Registration Fees shall not exceed one quarter of the sum of the inbound and outbound pilotage charge for a vessel of average tonnage and average draft for the previous year.
B. The following issuance fees shall be set by the Commissioners annually, and remitted to the Commissioners of Pilotage for the Lower Coastal Area for each of the respective licenses issued by the Commissioners:
(1) First short branch license, following apprenticeship, valid for a period of not less than six (6) months; not to exceed 25% of the annual pilot registration fee set according to paragraph (A) above.
(2) Second short branch license, valid for a period of not less than six (6) months; not to exceed 25% of the annual registration fee set according to paragraph (A) above.
(3) Third short branch license, valid for a period of not less than one (1) year; not to exceed 50% of the annual registration fee set according to paragraph (A) above.
(4) Fourth short branch license, valid for a period of not less than one (1) year, not to exceed 50% of the annual registration fee set according to paragraph (A) above.
(5) Full branch license, not to exceed the annual registration fee set according to paragraph (A) above.
(6) Certificate of Apprenticeship, not to exceed 10% of annual registration fee according to paragraph (A) above.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-040 - Pilot Vessel Operation

Current through Register Vol. 48, No. 6, June 28, 2024
A. The pilots for the Lower Coastal Area shall obtain and engage the dedicated services of two or more privately owned pilot vessels for the sole benefit of the pilots.
B. An appropriate number of such vessels shall be manned and available for duty 24 hours per day, seven days per week, such number to be determined by the Commissioners.
C. Every pilot vessel shall be materially sufficient and properly manned for its intended duty to the satisfaction of the Commissioners.
D. Response in support of port or vessel emergencies is considered duty under the role of pilotage.
E. Pilot vessels are engaged in the mission of state law enforcement when transporting and transferring state licensed pilots in the performance of pilotage, and must not be inhibited to promote the safe execution of pilotage, pilot transfers, and in the interests of placing pilots onboard ships as timely as practicable.
F. Provided there are not less than two vessels available for pilotage as required in paragraph (A) above, approved pilot vessels in the fleet maintained by the pilots may temporarily provide maritime services to the port or to vessels in the vicinity so long as there is no imposition on pilot operations, and the temporary service adheres to state and federal regulations as applicable.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-041 - Pilot Communications Center for the Lower Coastal Area

Current through Register Vol. 48, No. 6, June 28, 2024
A. The pilots for the Lower Coastal Area shall obtain and engage the services of a privately owned manned communications center capable of receiving telephone and radio requests and other orders for commercial vessel pilot services on a 24-hour per day, seven days per week basis.
B. Nothing shall prevent such a communications center from collecting and assimilating such information, and from providing it gratuitously, or otherwise, to subscribers and other interested parties.
C. The pilots shall not be responsible to the Commissioners for any misuse, incurred costs, or damage resulting from the dissemination of information acquired by the communications center unless such information, known to be false, incorrect, or misleading, is knowingly and willfully disseminated.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-045 - Pilot Charges and Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. Pilotage charges and rates shall be promulgated by the Commissioners in accordance with the applicable sections of the 1976 Code.
B. The pilots shall be due payment for individual pilotage charges and fees upon the departure of any vessel from the Port, except when the pilots have elected to extend credit to such vessel owner, vessel operator, principal agent or local agent. In such cases, all payments are due not later than forty-five (45) days after the vessel's arrival in port. When payment has not been made within the 45-day term, interest may be charged, compounded at the rate of 1.5% monthly, for any portion of a month overdue.
C. Any agent or other non-vessel owner who makes arrangements for credit for pilotage shall be held responsible by the pilots for the amount credited if that amount is not paid within the forty-five (45) day period.
D. Pilotage charges are based upon the services of one pilot unit. No additional charges are authorized for other pilots or apprentices taken aboard a vessel for the purpose of training or route familiarization. However, nothing shall prohibit additional pilotage charges from being made whenever additional pilots are required to assure the safe maneuvering of the vessel. In such cases, one additional pilot unit may be charged for every additional pilot so embarked.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-050 - Federal Pilot Licensure

Current through Register Vol. 48, No. 6, June 28, 2024
A. In order that every U. S. flag vessel calling at the Lower Coastal Area be rendered properly authorized pilotage, every pilot for the Lower Coastal Area in addition to his/her state license, may also hold a valid federal first class pilot license for the Lower Coastal Area. Such federal licensure, while a practical necessity, is not a prerequisite for state licensure.
B. The pilots are authorized to perform federal pilotage services to merchant vessels requiring federally licensed pilots and to public vessels of the United States, provided that such service does not conflict with their duties as state pilots.
C. Federal law [ 46 USC 8502(b) ] prohibits state pilots from charging more for federal pilotage than the customary rates. The pilots are authorized to charge less and are further authorized to enter into contract(s) for the performance of federal pilotage.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-051 - Commissioner Authority over Federal Pilotage

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commissioners have no authority over any vessel required to take a federal pilot, [see 46 USC 8501(d) and 46 USC 8502(c) and (d) ], nor do they have any authority over the service of any individual who is licensed as a federal pilot.
B. Any state pilot whose federal license is suspended or revoked may be subject to the suspension and revocation of his or her state license, pursuant to the 1976 Code Section 54-15-320.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-060 - Marine Casualties, Accidents and Other Reports

Current through Register Vol. 48, No. 6, June 28, 2024
A. Marine Casualties are defined in 46 CFR 4. These are required to be reported to the Coast Guard by the owners, operators, masters or agents of vessels so involved. This requirement affects all U.S. commercial vessels and every foreign flag vessel on U.S. waters.
B. Hazardous conditions are defined in 33 CFR 160.203 and must be reported to the Coast Guard.
C. Navigation safety regulations are prescribed in 33 CFR 164 to protect the Port.
D. Every pilot must immediately report every marine casualty, hazardous condition and violation of a navigation safety regulation to the Coast Guard and to the Commissioners of Pilotage for the Lower Coastal Area.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-061 - Reports of Coast Guard Investigations

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Commissioners shall request copies of all Coast Guard investigations pertaining to accidents, marine casualties, complaints, and disciplinary actions including suspension and revocation proceedings and civil penalty actions which occurred within their area of jurisdiction.
B. The Commissioners shall establish procedures to take appropriate action whenever a state pilot has been subjected to a Coast Guard finding of misconduct, negligence, physical or mental incompetence, or violation of federal law or regulation.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-071 - Vessel Traffic Movement Restrictions

Current through Register Vol. 48, No. 6, June 28, 2024
A. The pilots may from time to time, under the authorities of their licenses, make general determinations relative to safe vessel movement. These determinations may consider, but not be limited to, vessel draft, state of tide, channel depths, direction of tidal currents, individual vessel maneuvering characteristics, vessel size, presence of other vessels, width of channels, and visibility.
B. The pilots shall consider any portended vessel movement that does not meet their criteria for safety as a "hazardous condition" and may refuse to serve. Any pilot encountering this situation shall report same accordingly pursuant to subpart 136-070H(2), if the vessel persists in its intentions to move against the advice of the pilots.
C. The owners or operators of any vessel adversely affected by a pilot's decision regarding its movement may appeal that decision to the Commissioners provided that such decision was not made by the Coast Guard based upon the report of a "hazardous condition" by a pilot. In which case, the appeal should be made to the Coast Guard.
South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-072 - Docking and Undocking

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every master of every vessel requiring state pilotage may elect to dock or undock the vessel. Alternatively, every master may employ the services of docking masters (or "docking pilots") to maneuver the vessel in or out of the dock.
B. Whenever tugs are not engaged and whenever a qualified docking master is not assigned at a vessel master's request, a state pilot may serve as docking master.
C. State pilots, whether or not employed as docking masters, will serve every vessel on board which they are embarked as pilots. Under such circumstances, their functions will be:
(1) Advise the master of a vessel if a person purporting to be a docking master or docking pilot is known as such by the pilot to be a qualified docking master.
(2) Be prepared to direct the vessel's movement whenever:
(a) A docking maneuver may be aborted, or
(b) An undocking maneuver has been completed, or
(c) A vessel's master requests the pilot's services.
(3) Provide communications services to the vessel's master with respect to the movement of other vessels.
(4) Perform the duties of bar and harbor pilot at such times and in such places whenever the safe navigation of the vessel requires, regardless of the status of tugs alongside.
(5) Whenever a qualified docking master is controlling the vessel during a docking or undocking maneuver, and a safety need is deemed to exist in the expert opinion of the State-licensed pilot, the pilot must intervene through the vessel master.