South Carolina Administrative Code

44-70. Claiming Prizes. A. A claim shall be entered in the name of a single natural person. A guardian may claim a prize if the ticket was received as a gift. No claim may be paid to an individual who is not eighteen (18) years of age. Groups, family units, organizations, clubs o…

44-80. Assigning the Right to Claim a Prize. A. No person entitled to a prize may assign the right to claim it, except: (1) That payment of a prize may be made to any legal representative, including, but not limited to, guardians, executors, administrators, receivers, or other co…

44-90.10. Financial Administration and Procedures for Collection of the Proceeds of Lottery Games. A. All lottery retailers are required to make weekly payment for sales using the Electronic Funds Transfer (EFT) system through a dedicated bank account. The lottery retailer is req…

44-90.20. Collection and Enforcement of Non-sufficient Funds, Past Due Accounts, or Delinquent Accounts. A. SCEL may suspend lottery activity by any lottery retailer by causing any equipment or other property provided or acquired for specific and exclusive use in lottery operatio…

44-90.30. Financial Accounts. A. Education Lottery Account—The Executive Director shall implement through the State Treasur- er’s Office an Education Lottery Account in accordance with applicable provisions of state law, and any applicable rules. B. Prize Disbursement Account—The…

44-90.40. Bonds. A. The Executive Director may require a bond, securities, or an irrevocable letter of credit from a lottery retailer in an amount determined by the Executive Director consistent with the financial stability of the retailer, to avoid monetary loss to the state bec…

45-1. Definitions. A. The words ‘‘ballot card’’ shall mean the tabulation or punch card upon which an elector records his vote by the use of a vote recorder; B. The words ‘‘ballot label’’ shall mean the card, paper, or other material placed on the vote recorder containing the nam…

45-10. Retention and Disposition of Certain Voting Records. The programmed test decks, program instructions, print out sheets, ballot cards, write-in envelopes, write-in fold over ballot cards, defective ballot cards and duplications of defective ballot cards referred to in 45-4,…

45-2. Instructions and Certification of Managers and Clerks in the Use of Vote Recorders. Not less than ten nor more than twenty-one days before each election in counties in which vote recorders are to be used, the commissioners of elections or other electoral board shall instruc…

45-3. Tabulating Center Personnel. All tabulating center personnel must be trained or caused to be trained by the commissioners of election or other electoral board in their respective duties and certified as required in 45-2, above, of these Regulations. All programmers, operato…

45-4. Certification of Program Instructions. During the official computer certification, all program test decks, program instructions, and print out sheets become property of the commissioners of election or other electoral board. All program instructions must be certified by the…

45-5. Ballot Envelopes and Fold Over Ballot Cards. In vote recorder counties, in order to insure secrecy of the ballot and to provide for write-in space in elections, the commissioners of election or other electoral board shall authorize the use of one of the following types of b…

45-6. Defective Ballot Cards. Defective ballot cards in precincts using vote recorders may be separated from other ballot cards, duplicated according to § 7-13-1410(f) of the 1976 S. C. Code, tabulated and added to the official election returns of the precinct. When a defective b…

45-7. Ballot Cards, Sealed After Tabulation. In vote recorder precincts, as soon as the ballot cards for a precinct have been run through the computer, the ballot cards, together with a copy of the precinct return and the precinct header cards shall be placed in a container plain…

45-8. Defective and Duplicate Ballot Cards, Sealed After Tabulation. In vote recorder precincts, duplications of defective ballots shall be tabulated by precinct and kept along with the original defective ballots, by precinct, in a container clearly marked ‘‘Defective Ballots for…

45-9. Write-in Ballots, Sealed After Tabulation. After tabulation, the ballot envelopes or fold over write-in portion shall be placed in a container clearly marked with the precinct name, sealed with paper seals, signed by at least two election officials, and filed as follows: 1.…

47-1. Cash value of Certain Remunerations. A. The South Carolina unemployment Law, provides in Section 41-27-380, that ‘‘Wages means all remuneration paid for personal services, including commissions and bonuses and the cash value of all the remuneration paid in any medium other …

47-100. Cause Other Than Misconduct. Under South Carolina Code Annotated Section 41-35-120(2)(b), if a claimant is discharged for cause other than misconduct, the claimant is partially disqualified from unemployment insurance benefits. ‘‘Cause other than misconduct’’ is conduct t…

47-101. Substandard Performance Due to Inefficiency, Inability, or Incapacity. Under South Carolina Code Section 41-35-120(2), a discharge resulting from substandard perform- ance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification of une…

47-103. Waiver of Non-Fraudulent or No-Fault Overpayment. Pursuant to South Carolina Code Annotated Section 41-41-40(B)(2), the Department may waive repayment of overpayments if the overpayment was not due to fraud, misrepresentation, or willful disclosure, was received without f…

47-104. Work Search. A. Section 41-35-110(3) provides that a claimant is eligible to receive benefits with respect to a week only if the Department finds the claimant engaged in an active search for work. Absent good cause, an active search for work during a week must include at …

47-11. Displaying of Informational Posters. All employing units having individuals engaged in employment, as defined by Section 41-27-230, shall post and maintain in conspicuous places where workers perform their services such informational posters as are provided by the Departme…

47-12. Displaying Coverage Information. Every employer (including every employing unit which has elected, with the approval of the DEpartment to become an employer) shall display and maintain such printed posters as the Depart- ment may prescribe and furnish. Such posters shall b…

47-13. Furnishing Printed Information to Workers. The posters referred to in regulation 47-12 shall inform the worker to report promptly to the nearest Department office in the event of his or her becoming unemployed and shall give the location of that office. HISTORY: Amended by…

47-14. Records. A. Each employing unit shall preserve for five years existing records with respect to individuals in its employ on or after July 1, 1936, indicating the data hereinafter set forth: 1. For each pay period: a. The beginning and ending dates of such period. b. The la…

47-15. Reports and Instructions Relative to Report Form. A. Each employing unit shall make such reports as are prescribed by the Department on forms issued by and required to be returned to the Department or its authorized representative. B. Each employing unit shall comply with …

47-16. Contributions: Interest. A. Contributions shall be payable quarterly with respect to wages paid within each calendar quarter. B. Contributions shall become due on, and shall be paid on or before, the last day of the month following the quarter for which they are payable. H…

47-17. Information to Be Furnished with Respect to Changes in Ownership, Notification of Acquisitions, and Methods for the Transfer of Experience Rating. A. Notification to Department of discontinuance of business and changes of ownership for purposes of status determination and …

47-18. Workers to Procure Social Security Account Numbers. A. Each employer shall ascertain the Social Security Account Number of each worker employed by him in employment. B. Each worker who is engaged in employment for an employer, but who does not have a Federal Social Securit…

47-19. Separation Notices. A. Notice of Filing: 1. A copy of each initial or additional claim filed by a worker will be mailed and transmitted electronically to his last employer regardless as to whether the latter is liable or non-liable under the Act. 2. The employer must compl…

47-2. Authorized Representatives of the Department. The Department may designate by written authorization any of its employees as its representatives to administer oaths and affirmations, issue subpoenas for the production of books, papers, correspon- dence, and other memoranda d…

47-20. Types of Unemployment. A. ‘‘Non-Job-Attached Unemployment’’ means the unemployment of any individual in any week during which he performs no services and with respect to which no wages or wages totaling less than his weekly benefit amount are payable to him. Claims for suc…

47-21. Filing Claims for Benefits and Registration for Work. A. Non-Job-Attached Unemployment Claim: 1. Individual Claims: a. Initial Claims: Any individual may file an initial claim for benefits to establish a benefit year for the purpose of claiming benefits or waiting week cre…

47-22. Method of Paying Benefits. Benefits shall be paid by the Department from its Benefit Payment Account as the Department may prescribe. HISTORY: Amended by State Register Volume 24, Issue No. 5, eff May 26, 2000.

47-23. Offers of Work. A. Section 41-35-120(5) directs that a claimant may be disqualified from the receipt of benefits should he fail without good cause to apply for available suitable work, when so directed by the employment office or the Department; or should he refuse to acce…

47-24. ‘‘Week’’ Defined. A. Week of Non-Job Attached Unemployment: 1. Except as otherwise provided in Item 2 of this Regulation, a week of non-job attached unemployment with respect to any individual shall consist of the calendar week of unemployment beginning with the Sunday pri…

47-25. Wages Payable in Quarter. A. ‘‘Quarter’’ means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31. B. The terms ‘‘wages earned for employment’’ and ‘‘wages payable’’ in connection with any particular period shall be de…

47-26. Payment of Benefits to a Deceased Claimant. A. Pursuant to the authority of Section 41-35-30 of the South Carolina Employment Security Law and in order to provide for the payment of benefits in those cases where the claimant has filed a valid claim and has compensation pay…

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…