South Carolina Administrative Code

37-074. Withdrawal of Certification of Telecommunications Operators. A. An operator, certified pursuant to the provisions of R.37-065, shall have his or her certification as an operator withdrawn by the Council upon the occurrence of any one or more of the following events: 1. Th…

37-100. Suspension of Certification Due to Criminal Charges and/or Indictment. A. If a law enforcement officer is charged and/or indicted for a crime that could result in disqualification under S.C. Code 23-23-60, S.C. Regulation 37-025, and/or S.C. Regulation 37-026, the officer…

37-101. Request for Contested Case Hearing. A. A person against whom an allegation of misconduct has been received by the Academy shall be notified of the allegation of misconduct and his right to a contested case hearing, either by delivering a copy of the allegation personally …

37-102. Failure to Request Contested Case Hearing. Any candidate/officer/operator who fails to request a contested case hearing pursuant to R.37-101, shall have a judgment by default made against him/her and the Council may immediately proceed with determining a final agency acti…

37-103. Prosecution and Docketing. A. When a candidate/officer/operator has requested a contested case hearing pursuant to R.37-101, the Agency making the allegation of misconduct shall handle the prosecution of the claim during the contested case hearing as provided below. B. Up…

37-104. Discovery. A. Any party to a contested case hearing requested pursuant to R.37-101 may engage in discovery only as allowed by this section or the Administrative Procedures Act. B. Discovery shall be conducted pursuant to Rules 26-37, SCRCP, except: 1. Requests for Admissi…

37-105. Contested Case Hearing. A. The contested case shall be held upon thirty (30) days notice to the candidate/officer/operator and Agency making the allegation of misconduct. B. The contested case hearing shall conform to Rule 43(a), (c)(1), (d), (e), (f), (h), (i), SCRCP, ex…

37-106. Failure to Appear at the Contested Case Hearing. A. Any candidate/officer/operator or Agency making the allegation of misconduct notified pursuant to R.37-105(A) who fails to appear at the contested case hearing, shall have a judgment by default made against them by the h…

37-107. Final Decision by Law Enforcement Training Council. A. All Council members, unless recused, shall be provided with a complete transcript of the contested case hearing, copies of all exhibits accepted into evidence during the contested case hearing, and a copy of the heari…

37-108. Sanctions. A. If any candidate/officer/operator is found by preponderance of the evidence to have committed misconduct as defined by R.37-025, R.37-026, R.37-073 and/or R.37-074, such candidate/officer/oper- ator may be sanctioned by the Council as follows, in any combina…

37-109. Recusal of Council Members. A. If a member of the Council filed the allegation of misconduct or is the current sheriff or chief executive officer of the employing agency or department of the candidate/officer/operator, that Council member shall recuse themselves from part…

37-110. Right to be Represented by Counsel. A. During all stages under R.37-100 through R.37-108, the candidate/officer/operator and Agency is entitled to be represented by legal counsel. B. If the candidate/officer/operator or Agency are represented by legal counsel, a notice of…

37-112. Reporting to the National Decertification Index. A. After the Council has issued its final agency action and the time for appeal has lapsed or the appeal rights have been exhausted, if a candidate/officer/operator is found to have committed misconduct as defined by R.37-0…

38-001. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-001 was titled Authority of Director and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by…

38-002. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-002 was titled Application for Re-issuance of Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff Ju…

38-003. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-003 was titled Requirement of Good Character and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Am…

38-004. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-004 was titled Denial of Certification for Misconduct and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27,…

38-005. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-005 was titled Firearms Qualification Requirement and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 199…

38-006. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-006 was titled Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by State R…

38-007. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-007 was titled Training Requirements for Basic Law Enforcement Certification and had the following history: Added by State Register Volume 21, Issue No. …

38-008. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-008 was titled Equivalent Training and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by S…

38-009. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-009 was titled Separation from Law Enforcement Employment and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June…

38-010. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-010 was titled Reserve Police and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by State …

38-011. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-011 was titled Traffic Radar Operator and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended b…

38-012. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-012 was titled Application for Re-certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.…

38-013. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-013 was titled Continuing Law Enforcement Education Requirements for Re-certification and had the following history: Added by State Register Volume 21, I…

38-014. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-014 was titled Approval of Continuing Law Enforcement Education Hours for Re- certification Requirements and had the following history: Added by State Re…

38-015. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-015 was titled Extension of Certification Renewal Date and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27…

38-016. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-016 was titled Withdrawal of Certification of Law Enforcement Officers and had the following history: Added by State Register Volume 21, Issue No. 6, Par…

38-017. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-017 was titled Reporting of Events Requiring Withdrawal of Certification and had the following history: Added by State Register Volume 21, Issue No. 6, P…

38-018. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-018 was titled Investigation of Events Requiring Withdrawal of Certification; Notification to Officer and had the following history: Added by State Regis…

38-019. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-019 was titled Notification of Withdrawal of Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff Jun…

38-020. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-020 was titled Confidentiality of Notification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. …

38-021. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-021 was titled Law Enforcement Emergency Vehicle Training Requirement and had the following history: Added by State Register Volume 21, Issue No. 6, Part…

38-022. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-022 was titled Law Enforcement Emergency Vehicle Training Requirement and had the following history: Added by State Register Volume 21, Issue No. 6, Part…

38-023. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-023 was titled Notification of Training Compliance and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 19…

38-024. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-024 was titled Continuing Training Requirement and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. …

38-025. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-025 was titled Approval of Training Programs and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Am…

38-026. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-026 was titled Equivalent Law Enforcement Emergency Vehicle Training and had the following history: Added by State Register Volume 21, Issue No. 6, Part …

38-027. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-027 was titled Effect of Failure to Comply and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amen…

38-028. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 39-028 was titled Definitions and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by State Reg…

38-060. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-060 was titled Definitions and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by State Reg…

38-061. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-061 was titled Minimum Requirements for E-911 Operator Enrollment in Training and had the following history: Added by State Register Volume 21, Issue No.…

38-062. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-062 was titled Training Requirements for Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27…

38-063. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-063 was titled Break in Service after Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1…

38-064. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-064 was titled Separation from Employment and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amend…

38-065. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-065 was titled Cost of Training and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by Stat…