South Carolina Administrative Code

47-27. Notice of Benefit Payments. When benefit payments that are to be charged against said employer’s account begin to any claimant, the employers shall be automatically notified. HISTORY: Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000.

47-28. Military Service. A. This regulation shall apply only to those individuals who have volunteered or enlisted or who have been called into any branch of military service or any organization affiliated with the defense of the United States or the State of South Carolina. B. T…

47-29. Payment of Benefits to Interstate Claimants and the Combination of Wage Credits. A. The following regulations shall govern the Department of Employment and Workforce, in its administrative cooperation with other States adopting a similar regulation for the payment of benef…

47-3. Definitions. A. Spouse is defined as a legally married husband or wife. B. Parent is defined as a father or mother to include a step parent or legal guardian. C. Child is defined to include any individual for whom the claimant is a legal guardian. D. Reasonable commuting di…

47-30. Meaning of Terms. Unless the context provides otherwise, terms used in rules, regulations, interpretations, forms and other official pronouncements issued by the Department shall, with respect to all terms which are defined in the Act, be construed in the sense in which th…

47-31. Public Employment Office. The term ‘‘public employment office’’ as used in the South Carolina Employment Security Law with respect to the payment of benefits and as used in each rule, regulation, instruction, procedure or other matter promulgated by the Department pursuant…

47-32. Time for Filing of Continued Claims (Non-Job Attached). A. Claimants for unemployment compensation benefits shall be required to report and file claims weekly in a timely manner and in accordance with such procedures as the Department may adopt unless the Department shall …

47-33. Employer Elections to Cover Multi-state Workers. A. Relation to Subscribing States: 1. The following regulation, adopted under Section 41-27-550 of the Employment Security Law, shall govern the Department of Employment and Workforce in its administrative cooperation with o…

47-34. Notice of Benefit Determination and Appeal Rights. Each notice of benefit determination, which is required to be furnished, shall in addition to stating the decision and its reasons include a notice specifying the parties appeal rights. The notice of appeal rights shall st…

47-35. Benefits Payable Under Title XV of the Social Security Act, as amended. A. Pursuant to Section 41-29-140, S. C. Code—1976, as amended, the Department has entered into an Agreement with the Secretary of Labor to act as agent of the United States in the administration of Tit…

47-36. Review of Rulings with Respect to the Status, Liability, and Rate Contributions of an Employer or Employing Unit. A. At the request of an employing unit or employer or a field deputy, the Unemployment Insurance Tax Director or his designee shall make an administrative dete…

47-39. Joint Account. A. Two or more ‘‘employers’’ as defined in Section 41-27-200, South Carolina Code of Laws, 1976, as amended, in the same or a related trade, occupation, profession, or enterprise, or having a common financial interest, hereinafter referred to as an ‘‘Employe…

47-4. Employer Legal Entity Classification. For the purposes of assigning a legal entity classification to an employing unit, the Department will follow the legal entity classification assigned to the employing unit by the Internal Revenue Service. In the event the employing unit…

47-40. Establishment of Joint Account for Parent Employer and One or More Subsidiary Legal Entities Rendering No Employment. Any parent ‘‘employer’’ which has common control over one or more subsidiary legal entities, furnishes all personnel services for such legal entities, has …

47-41. Bonding Requirements for Certain Nonprofit Organizations. Any nonprofit organization or group of organizations which has become liable for payments of benefits in lieu of contributions and which does not possess title to real property and improvements within South Carolina…

47-42. Child Support Intercept of Unemployment Benefits. A. The Department may require an individual filing a new claim for unemployment compensation to disclose, at the time of filing such claim, whether or not the individual owes child support obligations as defined under Item …

47-43. Exclusion of Claims for Extended Benefits in Determining the Rate of Insured Unemployment. A. The term ‘‘Rate of insured unemployment’’ for purposes of Section 41-35-330, South Carolina Code of Laws, 1976, amended, means the percentage derived by dividing: 1. The average w…

47-44. Limitation on Trade Readjustment Allowances. Notwithstanding any other provisions of Chapters 27 through 41 of Title 41, South Carolina Code of Laws, 1976, as amended, if the benefit year of any individual ends within an extended benefit period, the remaining balance of ex…

47-45. Prohibition Against the Disqualification From Trade Readjustment Allowances When Enrolled for Approved Training. A. Notwithstanding any other provisions of Chapter 35 of Title 41 of the South Carolina Code of Laws, 1976, as amended, no otherwise eligible individual shall b…

47-48. Suitable Work Requirements for Extended Benefits. For the purposes of Section 41-35-420(2)(d), South Carolina Code of Laws, 1976, as amended, the term ‘‘suitable work’’ means any work which is within the individual’s capabilities to perform if the individual cannot furnish…

47-49. Pension Reductions From Unemployment Benefits. A. Section 414 of the Multi-employer Pension Plan Amendments Act of 1980 (PL 96-364) provides for the reduction of unemployment benefits by pension payments on a pro-rata basis and notwith- standing Section 41-27-370, South Ca…

47-5. Delinquent Report. If on the rate computation date an employing unit failed to submit contribution and wage reports for any period within the last twelve calendar quarters that was inclusive in the rate computation period in which the employer was determined liable under th…

47-500. Definitions. (1) ‘‘Department’’ means the South Carolina Department of Employment and Workforce. (2) ‘‘Fund adequacy target’’ means an average high-cost multiple of one. See S.C. Code Ann. § 41-31-45(A)(5). (3) ‘‘Solvency surcharge’’ is a surcharge imposed on contributory…

47-501. Unemployment Trust Fund Solvency. Pursuant to South Carolina Code Annotated Section 41-31-45(C) and Section 41-31-50(1)(b), the Department must annually calculate the income necessary to pay benefits and reach the fund adequacy target for the unemployment trust fund. The …

47-51. Appeals to the Appeal Tribunal. A. The Presentation of Appeals. 1. The party appealing from any determination of a claims adjudicator or special examiner shall file electronically, by fax, by mail, or otherwise deliver to the Department a Notice of Appeal, setting forth th…

47-52. Appeals to the Appellate Panel. A. The Presentation of Application for Leave to Appeal to the Appellate Panel. 1. The Party appealing from the decision of an Appeal Tribunal shall file online, by fax, by mail, or otherwise deliver to the Department, a Notice of Appeal, set…

47-53. Issuance of Subpoenas. A. Subpoenas to compel the attendance of witnesses and the production of records for any hearing of an appeal shall be issued by the Department or its authorized representative or an Appeal Tribunal. B. Subpoenas for witnesses shall be issued only fo…

47-54. Orders for Supplying Information from the Records of the Agency. A. Orders for supplying information from the records of the Department to a claimant or his duly authorized representative, to the extent necessary for the proper presentation of a claim, shall issue only upo…

47-55. Representation before Appeal Tribunal and the Appellate Panel. A. Parties and Their Representatives in General. 1. An individual person not admitted to practice law in South Carolina may represent himself or herself in any proceeding before an Appeal Tribunal or the Appell…

47-56. Inspection of the Decisions of the Appeal Tribunals and the Appellate Panel. A. Originals of all decisions of the Appeal Tribunal and the Appellate Panel shall be kept on file at the office of the South Carolina Department of Employment and Workforce, Columbia, South Carol…

47-57. Appeal to the Courts. A. Any party to the appeal before the Appellate Panel who has exhausted his remedies before the Department may, within such time as specified in South Carolina law, Section 41-35-750, file a petition with the court designated by this section for a rev…

47-6. Benefit Ratio for Zero Taxable Wages. A. If on the rate computation date there are zero taxable wages and zero benefit charges during the rate computation period when computing the tax year’s benefit ratio, the employer will be assigned the prior year’s tax class. If the em…

47-7. Interest Surcharge. All contributory employers, including governmental entities and non-profit 501(c)(3) employers who have not elected to reimburse the Department under Section 41-31-620, are required to pay the interest surcharge in effect for a tax year. The interest sur…

47-8. Employer-Employee Relationship. The South Carolina Department of Employment and Workforce is not bound by the rulings of other entities when making its determination about whether an employer-employee relationship exists for the purpose of determining liability under the So…

49-100. Definitions. A. Definitions found in Section 40-22-20 of the Code of Laws of South Carolina apply to this Chapter. B. The following definitions are terms used in this Chapter in addition to those included in Section 40-22-20 of the Code of Laws of South Carolina: (1) ‘‘CE…

49-101. Board Rules of Order/Procedures and Seal of Board. A. Rules of Order/Procedures. All proceedings of the Board shall be governed by provisions set forth in the Administrative Procedures Act. B. Description of Seal of Board. The seal of the Board shall be circular in form a…

49-102. Use of Forms/Applications. A. Forms. (1) All applications for engineering and surveying licensure and certificate of authorization shall be made on a form provided by the Board, and no applications made otherwise will be accepted. (2) Applications not completed in accorda…

49-103. Fees. A. The Board may charge fees as shown in South Carolina Code of Regulations Chapter 10-14 and on the South Carolina Board of Registration for Professional Engineers and Surveyors website at https://llr.sc.gov/eng/fees.aspx B. No fee, or any part thereof, paid by any…

49-104. Examinations—General. A. Classifications—Engineering Examinations. (1) NCEES Fundamentals of Engineering (FE). (2) NCEES Principles and Practice of Engineering (PE). (3) NCEES Special Structural Engineering Examinations. B. Classifications—Surveying Examinations. (1) NCEE…

49-105. License Expiration, Renewal and Reinstatement—Individuals. A. Expiration and Renewal. (1) The privilege to practice in any category or tier as a registered professional engineer or surveyor in South Carolina expires on June 30, biennially in even numbered years, unless th…

49-106. COA Expiration, Renewal and Reinstatement—Firms. A. Expiration and Renewal. (1) Certificates of Authorization must be renewed biennially to remain in effect. Unless renewed a Certificate of Authorization shall expire biennially on March 31 of odd numbered years. A firm wh…

49-200. Professional Engineer Licensure Requirements. A. Education Requirements. (1) The Board will recognize the degrees of Master of Engineering or Master of Science in Engineering in a program accredited by EAC/ABET at either the baccalaureate or master’s level as fulfilling t…

49-201. Professional Land Surveyor Licensure Requirements. A. Qualifying Experience and Documentation. (1) Experience must be obtained under the supervision of a registered professional surveyor and must be of a character satisfactory to the Board. (2) Qualifying experience appro…

49-202. Classifications and Scopes of Authority: Engineers and Surveyors. A. Professional Engineer. (1) A professional engineer who by reason of his special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acqu…

49-203. Licensure by Comity. A. Professional Engineer. (1) An application will be considered for licensure by comity from an applicant who is appropri- ately licensed in another jurisdiction and has not been previously licensed in this State. (2) Any applicant holding a valid lic…

49-205. Firm Licensure. A. For the purpose of this regulation, a sole proprietorship is one in which the ownership is held by a single individual who is duly licensed to practice engineering and/or surveying in this State, where there is no stock ownership in the firm, and where …

49-207. Seals: Individuals and Firms. A. Description of Licensee’s Seal. (1) The seal of engineers and surveyors licensed by the Board shall be at least 1 1/2 inches in diameter and similar to that prescribed for the Board. In the center there shall appear the license number of t…