South Carolina Administrative Code

63-395. Reasonable Access to Qualifying Activities. (1) Tandem trailer combinations and other larger vehicles shall be afforded access to qualifying activities located within five miles travel distance of the Basic Network unless prohibited or restricted by the Department. The De…

63-396. Reasonable Access to Specific Industrial, Commercial, Warehousing Sites. (1) An operator of an industrial, commercial, or warehousing site located off the Basic Network may petition the Department for access to that site. The petition shall be in writing and shall include…

63-397. Reasonable Access to Points of Loading and Unloading for Certain Vehicles. (1) The following vehicles, whose width does not exceed 102 inches, may have reasonable access to points of loading and unloading for purposes of local delivery: (a) Household goods carriers whose …

63-700. Purpose and Scope. A. The South Carolina Department of Transportation (hereinafter ‘‘Department’’) promulgates these regulations to carry out the disadvantaged business enterprises program mandated by Section 12-28-2930 of the Code of Laws (1976), as amended (hereinafter …

63-701. Definitions. For the purposes of these regulations, the following terms shall have the meanings set forth below unless a different meaning is clearly required by the context in which the term is used. A. Certified DBE—A business determined by the Department to be a bona f…

63-702. Eligibility for Participation in State DBE Program or Federal DBE Program. A. To be eligible for the State DBE Program or Federal DBE Program, a firm must be certified by the Department as a bona fide Disadvantaged Business Enterprise (DBE) pursuant to the standards and p…

63-703. Certification Standards. A. General Standards. The Department will certify a firm as a bona fide DBE under the State or Federal DBE Program if the Department determines that the firm meets the eligibility requirements of 49 CFR Part 26. B. Minority Business Enterprises. F…

63-704. Procedures for Certification. A. Application to Department. All firms applying for certification as a DBE under the State or Federal DBE Program must submit a completed application and Certification Affidavit on forms provided by the Department, which shall be signed by t…

63-705. Ineligibility Complaints. A. Any person may file with the Department a written complaint alleging that a currently certified firm is ineligible and specifying the alleged reasons why the firm is ineligible. Complaints must be sent to the Department in care of the Office o…

63-706. Procedures for Decertification. A. Determination of reasonable cause to decertify. If the Department determines, based on notification by the firm of a change in its circumstances or other information that comes to its attention, that there is reasonable cause to believe …

63-707. Guidelines for Selection of Set Aside Projects. In selecting and designing contracts suitable for set aside projects, the Department will consider a number of factors including, but not limited to, the following: A. Availability of certified DBEs within 100 miles of work …

63-708. Waiver of Bonding. A. The Department may waive bonding on set aside contracts with estimated construction costs not exceeding Two Hundred Fifty Thousand and No/100 ($250,000.00) Dollars. B. Bonding requirements that may be waived include the following: (1) On highway cons…

63-709. Advertisement and Notice of Set Aside Projects. A. All projects designated as set asides will be advertised for at least two weeks in one or more daily newspapers in this State, at least thirty days prior to the date for receiving bids on such projects. The advertisement …

63-710. Requirements for Bidding on Set Aside Projects. A. All bidders on set aside projects must be eligible for participation in the State DBE Program as provided in Regulation 63-702. B. Bidders on set aside contracts for highway and bridge construction contracts must be prequ…

63-711. Bid Evaluation. A. If the lowest responsive bid by a responsible bidder is within ten percent of the Official Engineer’s estimate, the Department will award the contract to the bidder making such bid. B. Preference must be given to an otherwise eligible and responsible So…

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…

64-1. Definition of the Class ‘‘Moderate-to-Low Income.’’ The class ‘‘moderate-to-low income’’ shall consist of those households whose gross income falls between seventy-five percent (75%) and one hundred twenty-five percent (125%) of the ‘‘median gross income’’ of all households…

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, additions, or modifications thereof, shall be available to the public at the office of the Commission in Columbia or at any other Commission office printed in the State Register as provi…

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 …