Chapter 19

19-445.2160. Assistance to Minority Businesses. A. Definitions (1) ‘‘Minority Person’’ means a United States citizen who is economically and socially disadvan- taged. (2) ‘‘Socially disadvantaged individuals’’ means those individuals who have been subject to racial or ethnic prej…

19-445.2165. Gifts. A. Policy It is the policy of the State that a governmental body should not accept or solicit a gift, directly or indirectly, from a donor if the governmental body has reason to believe the donor has or is seeking to obtain contractual or other business or fin…

19-445.2180. Assignment, Novation, and Change of Name. A. ‘‘Novation agreement’’ is a contractual amendment by which the State recognizes a successor in interest to a State contract as provided in this regulation. The successor in interest assumes all the obligations under the co…

19-445.2200. Administrative Review Protective Orders. A. At the request of any party or on its own initiative, the appropriate chief procurement officer or the Procurement Review Panel may issue a protective order controlling the treatment of protected information for purposes of…

19-445.3000. School District Procurement Codes; Model. A. Application. Under Section 11-35-5340, a school district is exempt from the South Carolina Consolidated Procurement Code (except for a procurement audit) if the district has its own procurement code which is, in the writte…

19-446. Representation in Proceedings. (Statutory Authority: 1976 Code § 11-35-540) Persons not licensed to practice law in South Carolina, including laypersons, Certified Public Accountants, attorneys licensed in other jurisdictions, persons possessing Limited Certificates of Ad…

19-450. PERMITS FOR CONSTRUCTION IN NAVIGABLE WATERS. (Statutory Authority: 1976 Code § 48-6-10 et seq., 49-1-10, and 2023 Act No. 60, effective July 1, 2024.) 19-450.1. Scope of Duties. A. Scope. Unless expressly exempted, a permit issued by the Department of Environmental Servi…

19-450.10. Appeal of the Notice of Proposed Decision. A. Persons Who May Appeal. Any person with legal standing to contest the decision of the Notice of Decision to grant or deny a permit under this regulation may appeal that decision in accordance with S.C. Code of Laws Section …

19-450.11. Final Decision of the Department and Judicial Review. Department review and any subsequent judicial review of the order of the Administrative Law Judge shall be allowed according to law and applicable procedures, rules and regulations. HISTORY: Added by State Register …

19-450.12. Unpermitted Activity; Review of Previously Permitted Activity. A. Any activity undertaken after the commencement of the Construction in Navigable Waters permitting program under regulation 19-450 promulgated on December 31, 1976 for which a permit is required but was n…

19-450.13. Amendments to Permits or Applications for Permits. A person who has been issued a permit by the Department may petition for an amendment to the permit. If the amendment reduces the size of the permitted structure, or the permitted activity, and results in less intrusiv…

19-450.14. Minor Projects. The Department may expedite the processing of an application for permits for projects under this regulation, including reducing the time for public or agency comment, if the projects by their nature, size, location or use have a negligible impact on nav…

19-450.15. General or Block Permits. The Department, using the procedures under this regulation, may issue general or block permits to an agency, political subdivision or public service corporation for certain clearly described categories of work or substantially similar structur…

19-450.16. Saving Clause. If any provision of these regulations is adjudged invalid or unconstitutional, the remainder, and the application of their provisions to other persons shall not be affected thereby. HISTORY: Added by State Register Volume 10, Issue No. 6, eff June 27, 19…

19-450.2. Definitions. A. Department means the South Carolina Department of Environmental Services. B. Navigable waters means those waters which are now navigable, or have been navigable at any time, or are capable of being rendered navigable by the removal of accidental obstruct…

19-450.3. Exemptions. A. No permit is required by the Department for any activity or construction on private highlands above the mean high water line or ordinary high water mark which does not affect directly and significantly any navigable water or water or land subject to a pub…

19-450.4. Permit Conditions. A. Any permit issued pursuant to these regulations is subject to the following conditions as well as any specifically mentioned in the individual permit. 1. The authorization for activities or structures granted by the permit shall constitute a revoca…

19-450.5. Application Procedure to Obtain Permit. A. Preliminary Interagency Meeting. The Department may convene at any time a meeting of commenting agencies and the applicant to provide assistance to the applicant, to explain the statutory requirements and areas of agency concer…

19-450.6. Review of Permit Application and Comment by State Agencies. A. Review by Agencies 1. State agencies commenting on permit applications are collectively responsible for providing to the Department a total assessment of the impact of any proposed work affecting navigable w…

19-450.7. Procedure if Agency Objects to Activity Requiring State Permit. A. Conciliation of Agency Objections 1. Within thirty (30) days of notification of a permit application, or any extension thereof, an agency objecting to or intending to object to a projected activity shall…

19-450.8. Comments by Public on Permit Application. A. Comments From Interested Persons. Any person who may be affected by the grant or denial of the permit, or the conditions under which a permit may be granted, may submit, in writing, comments or objections to the proposed acti…

19-450.9. Review of Comments and Action by the Department. A. Review by the Department. The Department is responsible for assessing the total impact of the projected activity on the navigable waters and lands subject to the jurisdiction of this regulation, as well as the impact o…

19-470. SOUTH CAROLINA BUILDING CODES COUNCIL REGULATIONS.

19-470.1. Purpose. These regulations are intended to establish procedures for the operation of the South Carolina Building Codes Council and the application and administration of its authority. It is further intended that these regulations establish a formal standard policy and s…

19-701. GENERAL RULES SCOPE AND PURPOSE Human Resources Regulations Sections 19-700 through 19-721 are applicable to all agencies that are not specifically exempted by Section 8-11-260 of the South Carolina Code of Laws. These regulations apply to FTE positions and employees who …

19-701.01. EQUAL EMPLOYMENT OPPORTUNITY The State of South Carolina is an equal employment opportunity employer. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volum…

19-701.02. CONSTRUCTION OF WORDS All words in these Regulations referencing the masculine gender shall apply to females as well. All words in these Regulations referencing ‘‘written,’’ ‘‘in writing,’’ or similar language shall also apply to electronic documents. HISTORY: Added by…

19-701.03. FEDERAL, STATE, AND LOCAL LAWS These Regulations are in addition to the requirements of applicable federal, State, and local laws as applicable. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No…

19-701.04. DIVISION OF STATE HUMAN RESOURCES’ DELEGATION AUTHORI- TY/RESERVATION OF RIGHTS The Division of State Human Resources may delegate to agencies and higher education institutions the authority to implement specific compensation and classification actions. This ability is…

19-701.05. AUDITS BY THE DIVISION OF STATE HUMAN RESOURCES (DSHR) All information and documentation required by these Regulations are subject to audit by DSHR. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issu…

19-701.06. CENTRAL HUMAN RESOURCES DATA SYSTEM As required by Section 8-11-230 of the South Carolina Code of Laws, DSHR provides a central database to maintain human resources data on all employees. To maintain the integrity and complete- ness of the system, all agencies are requ…

19-701.07. ETHICS ACT The Ethics Act governs the employment of family members and conflicts of interest. For additional information consult the Ethics Act (Section 8-13-100 through Section 8-13-1520 of the South Carolina Code of Laws), the Ethics Commission opinions, and the Stat…

19-701.08. EMPLOYMENT OUTSIDE OF STATE GOVERNMENT Agencies may adopt policies and procedures for the approval and regulation of jobs held by employees outside of State government. Such policies shall be in accordance with law and the policies and procedures of the Department of A…

19-701.09. SOLICITATION AND DISTRIBUTION Solicitations and distributions by agency employees or outside individuals are generally prohibited on agency property during working hours. Each agency is responsible for enforcing this Regulation to minimize the disruption of agency busi…

19-701.10. PILOT PROGRAMS TO CREATE INNOVATION IN STATE GOVERN- MENT Notwithstanding other provisions of law, the Department of Administration is authorized to enter into pilot programs with individual agencies or groups of agencies in order to create innovations in State governm…

19-701.11. FTE POSITIONS An employee may not occupy more than one FTE position. HISTORY: Added by State Register Volume 34, Issue No. 5, eff May 28, 2010. Amended by State Register Volume 40, Issue No. 10, eff October 28, 2016. Renumbered from 19-701.10 by SCSR 48-9, eff Septembe…

19-701.12. APPROVAL OF POLICIES The Division of State Human Resources develops six model policies to assist agencies with their policy development. The Division of State Human Resources must review and approve these six policies, and the agency must distribute to employees prior …

19-702. CLASSIFICATION PLAN SCOPE AND PURPOSE This Regulation governs the establishment, maintenance, and administration of the Classification Plan as defined in 19-700 applicable to all FTE positions in the classified service. HISTORY: Amended by State Register Volume 26, Issue …

19-702.01. STATEMENTS OF POLICY A. The Department of Administration designates the State Human Resources Director to adminis- ter all Department of Administration policies and procedures relating to the Classification Plan. B. The Division of State Human Resources shall establish…

19-702.02. ADMINISTRATION OF THE PLAN A. The State Human Resources Director shall administer the Classification Plan. B. Before an agency fills or alters a position, DSHR must approve the following actions: 1. The initial classification of the position; 2. The reclassification of…

19-702.03. CLASS SPECIFICATIONS A. Each class specification shall describe in general terms examples of the kind of work and level of responsibility normally assigned to positions that may be allocated to the class. The exact duties and responsibilities of positions allocated to …

19-702.04. POSITION DESCRIPTIONS A. The Division of State Human Resources shall develop a position description to be used by agencies in describing assigned duties and other information necessary to determine the proper classification of each position. An agency may develop a pos…

19-702.05. RECLASSIFICATION OF POSITIONS A. An established position may be reclassified from one class to a different class as a result of a natural or an organizational change in the duties or responsibilities of the position. B. When reclassifying a filled position, the assignm…

19-702.06. POSITION NUMBERING SYSTEM The Division of State Human Resources shall develop and maintain a position numbering system that will identify each established position. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register…

19-703. JOB VACANCY ANNOUNCEMENTS SCOPE AND PURPOSE This Regulation governs the announcement of vacancies for all FTE positions in the classified service. HISTORY: Amended by State Register Volume 26, Issue No. 1, eff January 25, 2002; State Register Volume 34, Issue No. 5, eff M…

19-703.01. STATEMENTS OF POLICY A. The Department of Administration designates DSHR to administer all policies and procedures relating to the South Carolina Code of Laws, Section 8-11-120, Report of Job Vacancies. B. Applicants selected for hiring must meet the minimum requiremen…

19-703.02. REPORT OF JOB VACANCIES A. In addition to any other requirement provided by law, when a job vacancy occurs in any state office, agency, department, or other division of the executive branch of state government, the appointing authority must post a notice with the DSHR …

19-703.03. INTERNAL POSTING AND DISTRIBUTION OF ANNOUNCEMENTS The agency must notify employees where the vacancy exists. If the vacancy is a promotional opportunity that requires work experience within the agency to qualify for the promotion, notice of the vacancy must be posted …

19-703.04. EXEMPTIONS TO POSTING JOB ANNOUNCEMENTS A. If an emergency situation exists requiring the vacancy to be filled immediately, certification of the emergency must be made to and approved by the agency head or his designee waiving the posting requirement at the agency and …

19-703.05. FREEDOM OF INFORMATION ACT REQUESTS Upon request, a public body must provide materials, regardless of the form, pertaining to at least the three final applicants for consideration of each position. Finalist refers to the last group of applicants, with at least three me…