South Carolina Administrative Code

72-440. Hearing and Complaint Procedure. A. An administrative hearing is available, following a timely request, to determine the propriety of: (1) A citizen complaint concerning program operation. (2) A contractor complaint concerning program operation. B. A hearing may be initia…

72-445. Inspection and Enforcement. A. The Commission may periodically inspect land disturbing activities performed pursuant to the plan required by this regulation. In the event the Commission finds that the measures in the plan are not adequate to control erosion, retain sedime…

72-5. Remedial Measures. A. General. The Department has the authority and responsibility to issue orders to dam owners mandating remedial measures necessary to protect life and property from danger imposed by unsafe dams. The remedial measures ordered by the Department shall be m…

72-6. Transfer of Ownership. A. General. The owner of any high hazard dam or significant hazard dam shall inform the Department in writing within 30 days after title to the dam or reservoir has been transferred from his ownership. B. Implementation. The Department shall furnish t…

72-7. Administrative Fines. A. General. The Department may assess an administrative fine against any person who violates the Dams and Reservoirs Safety Act, the regulations promulgated pursuant to it, or an order issued under the Act. These fines shall be not less than one hundre…

72-8. Effect of Regulations. Under no circumstances, and in no particular case, shall these regulations or any part of them, be construed as a limitation or restriction upon the exercise of any proper discretion that is vested in the regulatory agency, nor shall these regulations…

72-9. Hearings and Hearing Procedures. A. An Administrative hearing is available, following a timely request, to determine the propriety of: 1. A classification of a dam or reservoir under the Regulation covering Dam Classifications and Exemptions; 2. A revocation or denial of a …

73-1. Definitions. A. SLED. The term ‘‘SLED’’ shall mean the South Carolina Law Enforcement Division. B. Chemical Analysis. The term ‘‘chemical analysis’’ shall mean a chemical analysis of a person’s breath to determine alcohol concentration. C. Alcohol Concentration. The term ‘‘…

73-10. Procedures for Collection of Legal Blood Samples. 1. Clean the venipuncture site with a non-alcoholic skin prep, soap and water is preferred. Remember that some antiseptic skin preps contain alcohol as a solvent. 2. Withdraw seven (7) cc. of blood and place in the tube pro…

73-100. Use of Best Evidence Sample Testing (BEST). A. The BEST EVIDENCE SAMPLE TESTING (BEST) protocol is a system of drug evidence handling offered by the South Carolina Law Enforcement Division (SLED). SLED supplies at no cost to law enforcement agencies in South Carolina, pre…

73-110. Duties of Criminalists. A. The criminalist shall safeguard or cause to be safeguarded all Initial Custody and Subsequent Change of Custody Forms which accompany the controlled substance evidence submitted for scientific analysis. These Forms shall be made available upon r…

73-120. Controlled Substance Evidence Forensic Testing Methods and Results. A. Forensic Testing Methods or protocols can yield results which either indicate the presence of a controlled substance or confirm the presence of a controlled substance. B. When an indicative test is per…

73-130. Storage of Controlled Substance Evidence. A. Controlled substance evidence must be stored in a secure repository. B. The secure repository must be accessible only by a limited number of authorized persons. C. Inventory control procedures must be employed so that a proper …

73-140. Preparation of Controlled Substance Evidence for Destruction. A. If controlled substance evidence becomes an exhibit at trial, it shall be handled as ordered by the South Carolina Supreme Court or the Trial Court. B. At the conclusion of trial, a complete accounting must …

73-150. Destruction of Controlled Substance Evidence. A. Controlled substance evidence and paraphernalia may be destroyed in any lawful manner which renders it unsuitable for use or abuse thereafter. B. Controlled substance evidence must never be destroyed by flushing into a sewa…

73-2. Methods of Making Chemical Analyses. A. Methods. SLED shall approve such methods of performing chemical analysis as are demon- strated to the satisfaction of SLED to produce accurate and reliable determinations of alcohol concentration in a reasonable, convenient, and effic…

73-2.1. Suggested Procedures for Obtaining and Handling Blood and Urine Samples. A. Obtaining and Handling Blood and Urine Samples. The South Carolina Law Enforcement Division (SLED) recommends the following procedures by which blood and urine samples are to be obtained and handl…

73-20. Definitions. These definitions shall have the following meaning when used in the discussion of criminal history record information (CHRI) and computerized criminal history (CCH) unless the context denotes otherwise: A. ‘‘Administration of Criminal Justice’’ means the perfo…

73-200. Definitions. Whenever used in these regulations, unless expressly stated otherwise, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereafter set forth or indicated: A. ‘‘CJICS’’ means the Crimin…

73-21. Organization, Purpose, and Function of Departments. A. The State Law Enforcement Division Criminal Justice Information System, known as SLED/ CJIS, acting as the State’s central criminal justice information repository shall collect, process, and store criminal justice info…

73-210. Information to be Gathered and Mandatory Reporting by the Department of Corrections, the Department of Juvenile Justice and the Department of Probation, Pardon and Parole Services. A. The Department of Corrections and the Department of Juvenile Justice will photograph all…

73-22. Completeness and Accuracy of Records. A. The Criminal Records Department will maintain complete and accurate criminal history record information as submitted by criminal justice agencies. B. Dispositions will be forwarded to the Criminal Records Department by the appropria…

73-220. Procedures to be Utilized by Sheriffs’ Offices When Registering a Convicted Sex Offender. A. Initial Registration. (1) A sheriff, when registering an offender, will obtain the information, at a minimum, set forth in Section 73-76 of these regulations. (a) This information…

73-23. Dissemination of Criminal History Record Information. A. SLED/CJIS will operate and maintain a criminal justice information system which will support the collection, storage, retrieval, and dissemination of criminal history record information, both intrastate and interstat…

73-230. Confidentiality of Information Contained in the Registry. A. Dissemination of Information. (1) Information maintained in the Registry will be disseminated in accordance with adopted state law. B. Security of Information. (1) The Department of Corrections, the Department o…

73-24. Access and Review of Criminal Record Information. A. Individual right of access and review: (1) Upon verification of his or her identity, an individual will be entitled to review, without undue burden to either the agency or the individual, specific portions of criminal hi…

73-240. Disposition of Obsolete Data. A. SLED will ensure that all information maintained in the Registry is as up-to-date and accurate as possible. (1) Deceased Offender. (a) Once it has been determined that an offender is deceased, SLED will remove that offender from active sta…

73-25. Security. All agencies must provide security for any information that is subject to these regulations. These security principles and standards apply to both manual and automated information systems. The standards for both types of systems include access restraints, personn…

73-250. Status Change of Registered Offender. A. Offender Moves to Another County. (1) A sheriff, when notified that an offender is moving to another county in South Carolina, will place the offender on an inactive status in the Registry. (a) This information will be entered util…

73-26. Expungement of Criminal History Record Information. SLED/CJIS must expunge criminal history record information in accordance with the South Carolina 1976 Code of Laws, as amended. SLED/CJIS must ensure that its manual and automated records are expunged as required, and tha…

73-260. Forms and Information to Be Provided by Offender. A. Forms. (1) Each sheriffs office is authorized to develop a unique form in order to collect information when registering a convicted sex offender, however, the information collected must, at a minimum, include the data s…

73-27. Audit Procedures. SLED/CJIS must institute audit procedures to ensure that criminal history record information is accurate. SLED/CJIS has the right to suspend services to any user agency that knowingly and willfully violates any federal or state law or regulation pertainin…

73-270. Retention of Information Collected. A. Information collected by sheriffs office. (1) Information collected by a sheriffs office on a convicted sex offender may be destroyed: (a) Once an offender is placed on an inactive status and a sheriff confirms that the offender has …

73-28. Renumbered. HISTORY: Former Regulation, titled Audit Procedures, had the following history: Amended by State Register Volume 14, Issue No. 3, eff March 23, 1990. Renumbered to R 73-27 by State Register Volume 25, Issue No. 9, Doc. No. 2533, eff September 28, 2001. Editor’s…

73-3. Certification of Breath Test Operators. A. Duty of the Chief of SLED. The Chief of SLED shall certify breath test operators. In addition, the Chief shall issue, deny, renew, terminate, or revoke certifications of individuals to perform chemical analysis because of standards…

73-30. Uniform Crime Reporting. A. Every law enforcement agency must send SLED a copy of each report made by any officer during the performance of his duties in responding to reported criminal violations within the jurisdiction of that agency. Reports must be sent to SLED regardl…

73-310. Denial of Concealable Weapons Permit. A. Training by a Non-certified Instructor (1) An application for a concealable weapons permit by a person for whom training by a certified instructor is required and who received the training from an instructor failing to meet the req…

73-320. Training. A. Course Content (1) Training courses to be used as proof of training by applicants for concealable weapons permits must address, in a manner approved by SLED, all requirements of law. (2) Each course must be conducted in strict conformity with the lesson plan …

73-330. Weapons Safety. A. Inspection of Weapons (1) The instructor will inspect each weapon used by an applicant to verify that it is in good repair and safe condition. (2) The instructor will record and maintain in his training records the information required by law relating t…

73-340. Violations. A. Violations by Instructor-Applicants or Certified Instructors (1) A violation of any of the provisions of these regulations may result in denial, suspension or revocation of instructor certification. (2) Falsification of any document or information submitted…

73-401. Eligibility for Business License; Principal; Private Security; Private Investiga- tions. A business license must be issued only to a principal of the applicant business. HISTORY: Added by State Register Volume 30, Issue No. 6, eff June 23, 2006.

73-402. Principal; Disclosure of Identity; Private Security; Private Investigations. The identity of each principal of an applicant or licensed entity must be fully disclosed as part of each new and renewal application on forms furnished by SLED. HISTORY: Added by State Register …

73-403. Principal and Employees; Character; Private Security; Private Investigations. Principals of applicant and licensed entities must be of suitable character and background, as defined in Chapter 18, Title 40, South Carolina Code, except for experience requirements. Failure o…

73-404. Licensee and Business Names; Requirements; Private Security; Private Investi- gations. All applications for licenses applied for pursuant to South Carolina Code Chapter 18, Title 40 must bear the same individuals’ and business name(s) as the name(s) on any other license(s…

73-405. Termination or Death of Licensee; Private Security; Private Investigations. 1. Upon termination of a licensee, a representative of the entity must immediately notify SLED. The entity will be immediately designated by SLED as conditionally licensed . 2. The chief executive…

73-406. Business and Trade Names; Private Security; Private Investigations. 1. Business and trade names used by licensed entities must be approved by SLED. 2. Materials, equipment, supplies and advertising used in connection with the entity may not imply affiliation with a law en…

73-407. Registration Cards; Private Security; Private Investigations. 1. Private security and private investigation employee registration cards must display a recent and recognizable facial photograph of the registered individual, must be fully laminated and must legibly display …

73-408. License and Registration Period; Renewal; Private Security; Private Investiga- tions. 1. Licenses and registrations issued by SLED are valid for one year from date of issue. 2. Failure to file a timely application for renewal renders the license or registration card inval…

73-409. Law Enforcement Officers; Private Security; Private Investigations. 1. Except as permitted herein, persons holding commissions or appointments that confer law enforcement authority and administrative employees of public law enforcement agencies may not hold private securi…

73-410. Surety Bond Cancellation; Private Security; Private Investigations. 1. Cancellation of a required surety bond will result in an immediate designation of conditionally licensed for the business. 2. The licensee must, within ten (10) days of notification of termination of b…