South Carolina Administrative Code

65-21. Equal Employment Officer to be Designated. Each State Agency head shall designate an Equal Employment Officer. Said Equal Employment Officer shall be responsible for implementation and administration of the required Equal Employment Opportunity Report and shall be responsi…

65-210. General. A. Authority. This regulation is issued under the authority of the South Carolina Human Affairs Commission to administer and enforce the South Carolina Fair Housing Law. B. Scope. (1) It is the policy of the State of South Carolina to provide, within constitution…

65-211. Discriminatory Housing Practices. A. Real Estate practices prohibited. (1) This rule provides the Commission’s interpretation of conduct that is unlawful housing discrimination under the South Carolina Fair Housing Law. In general, the prohibited actions are set forth und…

65-213. Discrimination in Residential Real Estate Related Transactions. A. Discriminatory practices in residential real estate related transactions. (1) This rule provides the Commission’s interpretation of the conduct that is unlawful housing discrimination under the South Carol…

65-215. Prohibition Against Discrimination Because of Handicap. A. Purpose. The purpose of this Rule is to effectuate the South Carolina Fair Housing Law. B. Definitions. As used in this Rule: (1) ‘‘Accessible’’ when used with respect to the public and common use areas of a build…

65-217. Housing for Older Persons. A. Purpose. The purpose of this Rule is to effectuate the exemption in the South Carolina Fair Housing Law that relates to housing for older persons. B. Exemption. (1) The provisions regarding familial status in this part do not apply to housing…

65-219. Interference, Coercion or Intimidation. (1) This Section provides the Commission’s interpretation of the conduct that is unlawful under the South Carolina Fair Housing Law. (2) It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exerci…

65-22. Repealed. HISTORY: Former Regulation, titled Employment Records to be Retained for Six Months, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4676, eff May 26, 2017.

65-220. Complaints. A. Submission of information. The Commission will receive information concerning alleged discriminatory housing practices from any person. Where the information constitutes a complaint within the meaning of the Fair Housing Law and is furnished by an aggrieved…

65-221. Referral of Complaints to State and Local Agencies. A. Notification and referral to substantially equivalent local agencies. (1) Whenever a complaint alleges a discriminatory housing practice that is within the jurisdiction of a substantially equivalent local agency and t…

65-223. Investigation Procedures. A. Investigations. (1) Upon the filing of a complaint under 65-220, the Commission will initiate an investigation. (2) The purposes of an investigation are: (a) To obtain information concerning the events or transactions that relate to the allege…

65-225. Conciliation Procedures. A. Conciliation. (1) During the period beginning with the initial filing of a complaint and ending with the filing of complaint for hearing or dismissal, the Commission will, to the extent feasible, attempt to conciliate the complaint. (2) In conc…

65-227. Issuance of Reasonable Cause Determination. A. Reasonable cause determination. (1) If a conciliation agreement has not been executed by the complainant and the respondent, and approved by the Commissioner, within the time limits set forth in paragraph (3)(a) of this secti…

65-229. Other Action. A. Other action by the Commission. Inform any Federal, State or local agency with an interest in the enforcement of respondent’s obligations with respect to nondiscrimination in housing. B. Action by other agencies. In accordance with the Act, other agencies…

65-23. Preservation of Records in Event of Charge of Discrimination. When a charge of discrimination has been filed with the Commission or its federal equivalent, or if an action brought by either entity is pending, the employer, labor organization, or employment agency, shall pr…

65-230. General Information. (A) This regulation contains the rules of practice and procedure established by the Commission for administrative proceedings before a panel adjudicating the claims asserted in a complaint where no party (the complainant, the respondent, or an aggriev…

65-231. Hearing Panel. A. Designation. Proceedings under this part shall be presided over by three members of the Commission appointed by the Chairman. The Chairman shall appoint one of the three as Chief Hearing Commissioner. B. Authority. The Chief Hearing Commissioner shall ha…

65-232. Parties. A. Parties to the proceeding include: (1) Complainant. South Carolina Human Affairs Commission files the complaint under 65-227 seeking appropriate relief for an aggrieved party and vindication of the public interest. (2) Respondent. A respondent is a person name…

65-233. Pleadings, Motions and Discoveries. A. Every pleading, motion, brief or other document shall contain a caption setting forth the title of the proceeding, the docket number assigned, if any, and the designation of the type of document (e.g. complaint, answer or motion to d…

65-234. Dismissal and Decisions. A. If a timely election is filed to have the claims asserted in the complaint decided in a civil action, the Chief Hearing Commissioner shall dismiss the administrative proceeding. B. A Chief Hearing Commissioner may not continue an administrative…

65-235. Hearing Procedures (Review and Enforcement). A. Date and place of hearing. (1) The hearing shall commence not later than 120 days following the issuance of the complaint unless it is impracticable to do so. If the hearing cannot be commenced within this time period, the C…

65-236. 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. HISTORY: Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.

65-237. Availability and Construction 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, South Carolina. Construction of Rules and Pleadings. …

65-24. Notices to be Posted. Each employer shall post, keep posted, and maintained in conspicuous places upon their premises where notices to employees and applicants for employment are customarily posted a notice to be prepared and distributed by the Commission setting forth exc…

65-240. Purpose. The purpose of this rule is to assist all advertising media, advertising agencies and all other persons who use advertising to make, print or publish, or cause to be made, printed, or published advertise- ments with respect to the sale, rental, or financing of dw…

65-242. Scope. A. The Commission will review in evaluating compliance with the Act in connection with investiga- tions of complaints alleging discriminatory housing practices involving advertising, the following criteria in making determinations as to whether there is reasonable …

65-244. Use of Words, Phrases, Symbols, and Visual Aids. A. The following words, phrases, symbols and forms typify those most often used in residential real estate advertising to convey either overt or tacit discriminatory preferences or limitations. In consider- ing a complaint …

65-246. Selective Use of Advertising Media or Content. The selective use of advertising media or content when particular combinations thereof are used exclusively with respect to various housing developments or sites can lead to discriminatory results and may indicate a violation…

65-3. Investigation and Production of Evidence. A. Investigation. (1) Investigator. The investigation of complaint shall be conducted by one or more investigators from the Commission’s staff who shall be appointed by the Commissioner. If more than one investigator is appointed, o…

65-30. Guidelines Established for accommodations arising from pregnancy, childbirth, and related medical conditions, including but not limited to lactation. a. To deny an employee a reasonable accommodation when a medical need arises from pregnancy, childbirth or a related medica…

65-4. Preliminary or Temporary Relief. As provided by Section 1-13-70(s) of the Act, the Commission may determine on the basis of an investigation that there is good cause to believe that prompt judicial action is necessary to prevent substantial and irreparable harm prohibited b…

65-40. Minimum Requirements. Any local Community Relations Council wishing to be officially recognized by the State Human Affairs Commission must meet the following minimum requirements: 1) Each council must be composed of at least five (5) or more citizens organized for the purp…

65-5. Conference, Conciliation and Persuasion. A. Negotiated (No-Fault) Settlement. Before a reasonable cause determination is made, the Commission may encourage the parties to settle the complaint on terms that are mutually agreeable to them. If the respondent makes any offer of…

65-6. Reasonable Cause Determination: Procedure and Authority. A. Where a complaint has not been settled, conciliated, withdrawn or dismissed, the Commission shall, after making investigative efforts, determine whether reasonable cause exists to believe that the Act has been viol…

65-7. Reconsideration of Order of Dismissal or Order to Initiate Suit. A. Within ten (10) days after receipt of the Commissioner’s order to initiate suit or to dismiss the complaint made pursuant to Sections 1-13-90(c)(5) or 1-13-90(d)(4) of the Act, the complainant or respondent…

65-8. Procedure for Hearing as Provided by Section 1-13-90(c) of the Act. A. Hearings. (1) After a finding of reasonable cause to credit the allegations of the complaint and if attempts to eliminate or otherwise resolve the alleged unlawful employment practice fail, the results o…

65-9. Procedure for the Institution of Civil Actions as Provided in Section 1-13-90(d) of the Act. A. Civil Actions by the Commission. (1) If within thirty (30) days after issuance of a determination finding reasonable cause to believe that a respondent named in a complaint has v…

67-1001. Parties, Generally. A. The proper parties in a claim involving an occupational disease are often a matter in dispute. B. The claimant may request a report from the Commission of the insurers of an employer or employers at or during the period of alleged exposure. The per…

67-1002. Occupational Disease, Waiver of Claim. A. A person affected by occupational disease who desires to continue in the same employment or to obtain new employment to which such disease is a hazard, may waive his or her right to further benefits for any incapacity or disabili…

67-101. South Carolina Workers’ Compensation Commission, Location, Transaction of Business. A. The South Carolina Workers’ Compensation Commission’s offices are located in Columbia, South Carolina. B. The Commission transacts business weekdays 8:30 A.M. to 5:00 P.M., excluding St…

67-1101. Total or Partial Loss or Loss of Use of a Member, Organ, or Part of the Body. A. This regulation does not include injury to the many bodily systems, organs, members, and anatomical parts for which compensation is payable due to disability or serious disfigurement under S…

67-1102. Loss of Hearing. A. The method for determining hearing impairment is based on the American Academy of Otolaryngology ‘‘Guide for Evaluation of Hearing Handicap’’, copyright 1979, which is based upon the American Medical Association’s ‘‘Guides to the Evaluation of Permane…

67-1103. Amputation of Finger or Toe. A. The amputation of any portion of the bone of the distal phalange of a finger or toe to a point opposite the base of the nail is deemed the loss of one-fourth of the finger or toe. B. Amputation below the base of the nail of the bone in the…

67-1104. Health Care for Injury Resulting in Hernia. A. In a claim involving an injury resulting in a hernia in which liability is denied and the claimant will be disabled pending a hearing, the employer’s representative may provide the claimant a truss. B. Health care provided i…

67-1105. Loss of Vision. A. Loss of vision is based on reading without the use of corrective lenses. Eighty percent loss of vision, or more, is considered one hundred percent industrial blindness. B. The following table, derived from the Snellen Notation, is used to determine the…

67-1201. Appearances Before the Commission. A. In all contested cases before a single Commissioner and in all cases on Commission review, only attorneys licensed in South Carolina may practice before the Commission except as provide in section C below. B. This regulation shall no…

67-1202. Attorney’s Letter of Representation. A. When an attorney is employed to represent a party before the Commission, the attorney must notify the Commission by writing the Commission’s Judicial Department. B. The attorney may notify the employer’s representative. C. If an at…