South Carolina Administrative Code

63-712. Negotiation of Low Bid. A. If the lowest responsive bid by a responsible bidder exceeds the Official Engineer’s estimate by more than ten percent, the Department may afford the bidder the opportunity to show just cause why the bid exceeds the ten percent range or may ente…

63-713. Letter to Lending Institutions. When a DBE receives a contract, the Department will furnish a letter, upon request, stating the dollar value and duration of, and other information about the contract, which may be used by the DBE in negotiating lines of credit with lending…

63-714. Technical Assistance to DBEs. A. Level of Assistance. The Department will make available technical assistance for DBEs in accordance with state law. B. Supportive and Developmental Services. The Department will provide written and oral instruction on competitive bidding, …

63-715. Continuing Education Requirements. A. All DBEs participating in the State DBE Program must be represented by a company officer in at least twenty hours of continuing education each year. B. For purposes of this section, company officer shall mean any of the following: (1)…

63-716. Special Provisions Applicable to Non-bonded Projects. A. By submission of a bid on a non-bonded project, the DBE grants permission to the Department to issue joint checks to suppliers, vendors or subcontractors who supply materials, render services or perform work on the …

63-717. Claims Procedure on Non-bonded Contracts. A. Every person who has furnished labor or material under a Department-approved contract in the prosecution of the work of a non-bonded contract and who has not been paid in full therefor before the expiration of sixty days after …

63-718. Reporting Requirements. A. The Department shall issue an annual report, thirty days after the close of the fiscal year, listing all contracts awarded under the State DBE Program as specifically set forth in Section 12-28-2930(I). B. The Department shall record each time t…

63-800. Purpose. The regulations promulgated herein have been formulated pursuant to Code Section 57-3-110 and 57-25-30, which are intended to regulate bus shelters, including those with commercial advertisements, within the rights-of-way of public roads. HISTORY: Added by State …

63-801. Definitions. A. ‘‘Bus Shelter’’ means a shelter located at designated bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities. B. ‘‘Commercial Advertisement’’ means a printed or painted si…

63-802. General Standards for Bus Shelters. A. Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights-of-way of public roads subject to the following conditions and require- ments: (1) Any person wishing to erect a…

63-803. Permits. A. Those wishing to erect and maintain a bus shelter on the rights-of-way of a public road must apply to the Department for the issuance of a Permit. B. Each bus shelter location must be assessed a nonrefundable $25.00 permit fee. On August 1st, the Department wi…

63-804. Building Plans General Specifications. A. Bus shelter must be designed to meet the current building requirements associated with the Southern Building Code or local building code, whichever is more restrictive, including the ability to withstand sustained winds of up to 1…

63-805. Additional Bus Shelters. All future bus shelter additions must be permitted separately. The same data and information will be required for each separate bus shelter permit application. HISTORY: Added by State Register Volume 20, Issue No. 5, eff May 24, 1996.

63-806. Existing Bus Shelters. A. Any existing bus shelter located on the rights-of-way of a public road in violation of the general standards above or in violation of the conditions of the permit issued by the Department is declared to be a public nuisance and its removal may be…

63-807. Removal from Permit. A. Should it be necessary to discontinue or remove a particular bus shelter location temporarily or permanently from the permit, the Department reserves the right to do so. Bus shelters temporarily discontinued or removed from the permit may be restor…

63-900. Purpose. The regulations promulgated herein have been formulated pursuant to Code Sections 57-3-110 and 57-23-60, which are intended to designate scenic byways, including the requirements for protection of the scenic, cultural, historic, natural, recreational, commercial …

63-901. Definitions. A. ‘‘Committee’’ means the South Carolina Scenic Highways Committee pursuant to Section 57-23-50. B. ‘‘Community’’ means one or more towns within the length and breadth of the scenic corridor; thus, a community may be as small as one village or as large as a …

63-905. Criteria for Scenic Byways. A. The Scenic Highways Committee will separately rate all requests for scenic designation using a pre-established weighted criteria based on the required intrinsic qualities. The Committee will adopt a rating form consistent with these criteria…

63-910. Scenic Route Segmentation. A. The Committee will determine if a route requires segmentation. In making this determination, the Committee will consider the volume of commercial and/or industrial activity; restrictions imposed by local zoning or ordinances; and provisions i…

63-915. Application Process. A. Application for the designation of a South Carolina Scenic Byway must be made with the Director of the Department. Application and Committee rating forms may be obtained by writing the Director at SCDOT, Post Office Box 191, Columbia, South Carolin…

63-920. Scenic Byway Corridor Management Plan. A. The purpose of the local government’s Scenic Byway Corridor Management Plan is to provide for the conservation and enhancement of the route’s intrinsic qualities as well as the promotion of tourism and economic development. B. The…

63-925. Existing Scenic Highways. A. Any existing Scenic Highway as designated in Chapter 23 of Title 57 is declared a ‘‘South Carolina Scenic Byway’’. B. The following actions should be taken regarding existing scenic highways. (1) The Committee must include existing scenic high…

63-930. Removal of ‘‘Scenic’’ Designation. A. The Department shall every two years review all designated scenic routes to determine if each route is in compliance with the criteria established in 63-902. B. If significant changes have occurred that negatively impact the intrinsic…

63-935. Prohibition of Outdoor Advertising. No outdoor advertising sign will be allowed to be erected along any route designated as a ‘‘Scenic Byway’’ or ‘‘Local Byway’’. Communities must show in their corridor management plan how this prohibition will be enforced prior to design…

64-2. Downpayment Assistance. A. Monies deposited in the South Carolina State Housing Finance and Development Authority Program Fund may be used to provide downpayment assistance to qualified lower income applicants for mortgage loans under the Homeownership Mortgage Purchase Pro…

64-2.1. Maximum Amount Available in a County During a Fiscal Year. (Statutory Authority: 1976 Code § 31-13-440) A. In order to comply with the provisions of Section 31-13-445 of the 1976 Code, the board at its first meeting during any fiscal year shall make a determination of the…

64-3. Special Needs Financing. A. Monies deposited in the South Carolina State Housing Finance and Development Authority Program Fund may be used to provide loans to other state agencies, local and regional governments, non-profit and for profit housing sponsors to provide rental…

65-1. Definitions. A. All terms defined in the ‘‘Act’’, Section 1-13-70, used herein shall have the same meanings as set forth in the definitions in the Act. These terms are: (1) Commission: (2) National Origin; (3) Age; (4) Person; (5) Employer; (6) Employment Agency; (7) Labor …

65-10. Certification. 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. 65-11. Availability of Rules. The rules and regulations of the Commission and any amendments, additi…

65-12. Construction of Rules and Pleadings. 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 …

65-2. Complaint. A. Who may file. A complaint that any person has engaged in or is engaging in an unlawful employment practice may be made by an individual claiming to be aggrieved - said individual shall be hereinafter referred to as the ‘‘complainant’’. B. Complaint Form. The c…

65-210. General. 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 constitution…

65-211. Discriminatory Housing Practices. A. Real Estate practices prohibited. (1) This rule provides the Commission’s interpretation of conduct that is unlawful housing discrimination under the South Carolina Fair Housing Law. In general, the prohibited actions are set forth und…

65-213. Discrimination in Residential Real Estate Related Transactions. 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 Carol…

65-215. Prohibition Against Discrimination Because of Handicap. A. Purpose. The purpose of this Rule is to effectuate the South Carolina Fair Housing Law. B. Definitions. As used in this Rule: (1) ‘‘Accessible’’ when used with respect to the public and common use areas of a build…

65-219. Interference, Coercion or Intimidation. (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 exerci…

65-220. Complaints. 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…

65-221. Referral of Complaints to State and Local Agencies. 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 t…

65-223. Investigation Procedures. 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 allege…

65-227. Issuance of Reasonable Cause Determination. 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 secti…

65-229. Other Action. 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…

65-23. Preservation of Records in Event of Charge of Discrimination. 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 pr…

65-230. General Information. (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 aggriev…

65-231. Hearing Panel. 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 ha…

65-232. Parties. 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 name…

65-233. Pleadings, Motions and Discoveries. A. Every pleading, motion, brief or other document shall contain a caption setting forth the title of the proceeding, the docket number assigned, if any, and the designation of the type of document (e.g. complaint, answer or motion to d…

65-234. Dismissal and Decisions. 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…

65-235. Hearing Procedures (Review and Enforcement). 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 C…

65-236. Certification. 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. HISTORY: Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.

65-237. Availability and Construction of Rules. 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. …