South Carolina Administrative Code

52-209. Motions and Other Papers. A. Any application to the Commission for an order shall be made by motion and state with particularity the grounds and relief or order sought. B. The requirement of writing is fulfilled if the motion is stated in a written notice of motion. The r…

52-210. Notice of Representation. A. In a contested case, the Complainant and the Commission are represented by the Commission’s attorney. B. Other parties may be represented as follows: (1) Individuals may appear on their own behalf; (2) A member of a partnership may represent t…

52-211. Subpoenas. A. A party may obtain a subpoena from the Commission signed but otherwise in blank. B. The party shall serve a subpoena and file proof of service when necessary. C. A person to whom a subpoena has been issued may move before a Commission panel for an order quas…

52-212. Amendments to Forms. A. A form required to be filed under the Act may be amended at any time to report new and previously undisclosed information, information which by inadvertence and/or reasonable neglect was not previously reported, or supplemental information which at…

52-301. Advisory Opinions, Generally. A. An informal or formal advisory opinion may be requested by any person to whom the Act could reasonably be expected to apply. The request must be in writing and relate prospectively to a real or hypothetical set of facts or circumstances. B…

52-302. Informal Advisory Opinions. A. Upon receipt of a request for opinion, the Commission will provide an informal advisory opinion, if appropriate. When a person receives an informal advisory opinion and believes the facts or law are contrary to the informal opinion, a formal…

52-303. Formal Advisory Opinions. A. A formal advisory opinion shall be considered by the Commission at a public meeting. The person whose conduct is the subject of the request may appear at the meeting. B. The Commission’s written opinion will be provided to the requestor and ma…

52-401. General. A. This Article governs the registration and disclosure requirements of lobbyists, lobbyist’s princi- pals and rating or ranking entities. B. Only the original of a Commission form should be submitted for filing. HISTORY: Added by State Register Volume 21, Issue …

52-402. Lobbyist’s and Lobbyist’s Principal Registration, Termination, Supplemental Reg- istration, Record Keeping, and Reregistration Requirements. A. Lobbyists and lobbyist’s principals shall register with the Commission. (1) Registration is made by fully completing the appropr…

52-403. Lobbyists and Lobbyist’s Principal Reporting Requirements. A. Each lobbyist and each lobbyist’s principal, except as provided in subparagraph (C) below, shall no later than June thirtieth and January thirty-first of each year, file a report with the Commission covering th…

52-404. Registration of Rating or Ranking Entities. A. An entity which ranks or rates the actions, vote, or failure to act or vote of the Governor, the Lieutenant Governor, or a member or committee of the General Assembly as to any action, vote, or failure to act or vote by these…

52-405. Administrative Enforcement of Registration and Reporting of Lobbyists, Lobby- ist’s Principals and Rating Entities Activities and Expenditures. A. In addition to any other penalty provided by law, the Commission shall assess a civil penalty in the amount authorized by the…

52-501. General. A. The Article governs the campaign practices and reporting requirements of all committees and all candidates for public office in this State except for members of or candidates for the office of State Senator or State Representative; members of or candidates for…

52-502. Responsibility of Persons Accepting Declarations of Candidacy or Petitions for Nomination. A. This regulation applies to candidates to publicly elected offices and does not apply to persons appointed or elected on advice and consent of either or both houses of the General…

52-503. Committees Receiving or Spending Funds to Influence Elections Must Register. A. A committee must file an initial Statement of Organization and an amended Statement of Organization to record a change in any information previously reported in the initial Statement of Organi…

52-504. Candidate’s and Committee’s Campaign Reports. A. Contributions and expenditures to candidates and committees are reported on the Commission’s ‘‘Campaign Disclosure Form.’’ This form is the official form required to be filed to satisfy the reporting requirements under the …

52-505. Committees Registered with the Federal Election Commission. A. Committees registered with the Federal Election Commission may, in lieu of filing the Campaign Disclosure Form, file a copy of the appropriate FEC report. B. A committee electing this method of reporting shall…

52-506. Administrative Enforcement of Candidate’s and Committee’s Registration and Reporting Requirements. A. In addition to any other penalty provided by law, the Commission shall assess a civil penalty as provided in the Act against any person or committee who fails to file or …

52-601. General. A. The Commission’s Statement of Economic Interests Form and the Contract Disclosure Form are the official forms required to be filed with the Commission in order to comply with the disclosure requirements required under the Act and this Regulation. B. The Statem…

52-602. Persons Required to File Statements of Economic Interests and Agencies Re- quired to File Contract Disclosure Forms. A. The Commission sends each governmental entity an Entity Listing Form annually. The Entity Listing Form solicits information about those persons associat…

52-603. Confidential Statements of Economic Interests. A. A public official or public employee who is required to file a statement of economic interests and who accepts from a lobbyist’s principal pursuant to Section 2-17-90(A)(6) lodging, transportation, entertainment, food, mea…

52-604. Reporting by Persons Not Required to File a Statement of Economic Interest. A. A public official or public employee who is not required to file a Statement of Economic Interests but who is paid or reimbursed actual expenses for a speaking engagement must report the inform…

52-605. Approval for Out-of-State Expenses. A. If out of state expenses are incurred by a public official or public employee for speaking before a public or private group prior written approval for the payment or reimbursement must be obtained from the appropriate approving offic…

52-606. Consultant’s Disclosure Forms. A. A consultant shall file the original and one copy of a Consultant’s Disclosure Form no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State. B. A consultant shall…

52-607. Candidates’ and Incumbents’ Statements of Economic Interests. A. This regulation governs the filing of a Statement of Economic Interest for all candidates for public office in this State except for members of or candidates to the office of State Senator and State Represen…

52-608. Administrative Enforcement. A. In addition to any other penalty provided by law, the Commission may impose a penalty as provided in R. 52-506 for failure to file or filing late the forms required under this regulation and the Act. B. [Reserved] HISTORY: Added by State Reg…

52-701. General. A. These regulations contain the procedures established by the commission for contested case hearings before the Commission. B. Hearings will be conducted as expeditiously and efficiently as possible, consistent with the needs and rights of the parties to obtain …

52-702. Initiating a Complaint. A. A complaint may be filed against any person covered by the Act. B. Jurisdiction over complaints concerning a Probate Judge or candidates for the office of Probate Judge extend to allegations of the campaign practices, campaign disclosure, and di…

52-703. Parties to the Proceeding. A. Upon receipt of a complaint, the complaint shall be captioned to show the name of the person against whom the complaint is filed as the Respondent and the person, if any, filing the complaint as the Complainant. B. The Commission may file a c…

52-704. Complaint Procedures. A. Upon receipt of a complaint, the Commission sends a copy of the complaint to the Respondent advising that a complaint has been received. (1) The Executive Director or his designee reviews the complaint and determines if there are facts sufficient …

52-705. Investigation of Complaints. A. The purpose of an investigation is to determine whether probable cause exists to believe a violation of law has occurred which may subject the Respondent to sanctions by the Commission, criminal prosecution by the State, and/or civil liabil…

52-706. Amendment and Withdrawal of Complaint. A. A complaint may be amended at any time prior to a hearing on the merits with proper notice to all parties. B. At the hearing, the complaint may be amended with the approval of the hearing panel. When a complaint is amended, either…

52-707. Hearing Notice. A. A notice of hearing is issued at least thirty days before the scheduled hearing. The Notice contains the file number, the name and address of the Commission’s attorney, and the date, time and place at which the Respondent shall appear and defend the cha…

52-708. Request for Remediation. A. Upon a finding of probable cause and the issuance of a hearing notice, a request to remedy the alleged violation may be made. B. Upon receipt of a request for remediation, the Respondent may take the remedial action recommended by the Commissio…

52-709. Respondent’s Answer to Complaint. A. Upon the issuance of a hearing notice, the Respondent may, but is not required, to file an answer. B. Each allegation made in the complaint and hearing notice is deemed denied; provided, however that special and affirmative defenses sh…

52-710. Discovery. A. In addition to the information previously gathered in the course of the investigation, the parties may engage in additional discovery. B. All parties to the proceedings are entitled to engage in discovery as provided in the Administra- tive Procedures Act an…

52-711. Admission of Expert’s Reports and Other Forms of Written Evidence. A. Expert’s reports and other evidence in written form including affidavits may be considered at the hearing as provided below. (1) A notice and a copy of the writing must be served on the Commission and a…

52-712. Presentation of Evidence. A. All available evidence and testimony shall be presented at the scheduled hearing or a party must move for adjournment. B. Adjournment may be granted in order to take the testimony by deposition or at a hearing reconvened at a later date. HISTO…

52-713. Conduct of Hearings. A. A hearing is held before three members of the State Ethics Commission randomly selected from the entire Commission membership. One Commissioner is designated the Panel Chair who shall have the authority to hear preliminary and interlocutory matters…

52-714. Burden of Proof. A. The Commission panel shall consider the evidence and testimony presented at the hearing and enter their decision with a statement of the findings of fact, conclusions of law and other matters pertinent to the questions at issue. The decision and order …

52-715. Continuance, Postponement and Adjournment. A. The Panel Chair may grant a continuance, postpone a hearing or adjourn a hearing to a later date or to a different place by order or upon motion at a hearing. B. Failure of a party to appear at a hearing may result in the Hear…

52-716. Final Disposition and Order. A. At the close of the case, the Commissioners shall confer and together enter their decision by written order. B. The panel’s decision and order shall be the final disposition of a complaint. HISTORY: Added by State Register Volume 21, Issue …

52-717. Record of Hearing and Transcripts. A. The Commission will cause all proceedings to be recorded and maintained for a period of four years after the completion of the proceeding. B. A person may request a transcript of a hearing by writing the Commission. The Commission wil…

52-718. Confidentiality of Proceedings. A. The Respondent may waive the confidentiality of the proceeding in writing filed with the Commission. B. The requirements of confidentiality do not apply to the following: (1) Providing the identity of the Complainant to the Respondent. (…

52-801. Filing an Appeal. A. The Respondent may request a review of the panel’s decision and order by filing a request for review in writing with the Commission within ten days of the date of service of the panel’s decision and order. The ten day period is jurisdictional and may …

52-802. Notice of Appellate Hearing. A. The Commission serves a notice of appeal hearing at least thirty days prior to the date of the appellate hearing. B. The notice states the date, place and time of the hearing. The Appellant shall file a brief within ten days of the date of …

52-803. Briefs. A. The appellant shall file the brief with proof of service with the Commission within ten days of the date of service of the Appellate Hearing notice. B. The Commission may file a responsive brief and proof of service on the Appellant within ten days of the servi…