South Carolina Administrative Code

88-415. Repealed. HISTORY: Former Regulation, titled Facility, repealed by SCSR 48-5 Doc. No. 5181, eff May 24, 2024.

88-420. Transportation. A. If transportation is provided, vehicles used for the transportation of Participants shall be safe for the passengers. B. Vehicles shall be maintained in safe operable condition. Records of maintenance and repairs shall be documented and available upon r…

88-425. Medical Care. A. Routine Medical Care (1) Prior to and on the first day of service, the Participant’s medical condition shall be known by the Qualified Provider, including but not limited to: (a) Diagnosis and conditions; (b) Allergies; (c) Medications/treatments to be gi…

88-430. Repealed. HISTORY: Former Regulation, titled Evaluations, repealed by SCSR 48-5 Doc. No. 5181, eff May 24, 2024.

88-435. Service Plans. A. The Participant must be determined to require or likely benefit from the DDSN sponsored Services. B. Prior to or on the first day of Service provision, a preliminary plan for the participant must be developed to outline the interventions and supports req…

88-440. Records. A. Administrative: The following records will be maintained in accordance with Department policies and shall be readily available for review: (1) Individual personnel records on each staff member or contracted employee which contain: (a) Tuberculosis Screening an…

88-505. General. A. Individuals domiciled in the state and determined by the Department, using the diagnostic criteria specified in this Article, to have an Intellectual Disability, Related Disability, Autism Spectrum Disorder, Head Injury, Spinal Cord Injury, Similar Disability,…

88-510. Definitions Used in this Article. A. At Risk Child: Defined as a child 36 months of age up to but less than 72 months of age whose genetic, medical or environmental history is predictive of a substantially greater risk for a developmen- tal disability than that of the gen…

88-515. Diagnostic Criteria for Department Eligibility. A. Intellectual Developmental Disorder Pursuant to the DSM-5, or most current edition, a diagnosis of Intellectual Developmental Disorder requires consideration of both clinical assessment and standardized testing of intelle…

88-520. Time Limitations. A. Department eligibility may be established in a time-limited fashion as determined by the circumstances of the individual applying for eligibility. When an individual seeking eligibility presents with circumstances which could likely improve and thereb…

88-705. Definitions. A. Appeal: A procedure by which a person seeks review of the denial of a determination of eligibility for services solely state-funded by the Department. A procedure by which a person seeks review of a decision to deny, suspend, reduce or terminate a service …

88-710. Appeals. A. Decisions that may be appealed include, but are not limited to: (1) Eligibility for the solely state-funded Department services. (2) Denial, suspension, reduction or termination of a service solely state-funded by the Depart- ment to include but not limited to…

88-715. Appeal Procedures. A. Applicants Seeking Eligibility for solely state-funded Department Services (1) Step 1: Written Appeal: When an appeal is desired by the applicant, a signed and dated written appeal of the denial must be made within 30 calendar days from the date of t…

88-805. Definitions. A. Minimal risk - means the risk of harm anticipated in the proposed research is not greater, considering probability and magnitude, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or…

88-810. Review and Approval of Research Proposals. A. Research Review Committee (1) The Department Research Review Committee (the Committee) shall be designated and chaired by the State Director or a designee. The Committee shall include executive staff and others as appointed by…

88-815. Protection of Rights and Welfare of Research Participants. A. Any research conducted must conform to the scientific, legal, and ethical principles which justify all research and should emerge from a sound theoretical basis or follow previously accepted research design. B.…

88-820. Publications. A. The investigator shall provide a copy of the final research report to the participating programs, facilities, and the chair of The Department Research Review Committee. B. A copy shall also be forwarded to the State Director (if the chair is the designee …

88-910. Unclassified Settings and Programs. A. An unclassified setting or program is one which: (1) Under the provisions of Section 88-110 A. must be licensed, and (2) Is substantially different from settings and programs classified and defined in these regula- tions. B. There sh…

88-915. Application for License of an Unclassified Setting or Program. A. Application for license shall be made as required by R. 88-115. Such application shall contain specific and detailed information on the following: (1) Name, mailing address, and location of setting or progr…

88-920. Determination by the Department. A. In making a determination as to whether or not a setting or program should be licensed, the Department shall foster the health, safety, and welfare of the Participants being served. The Depart- ment shall consider the health and safety …

89-10. Definitions. Terms which have been defined in the Act shall have the same definitions when utilized in these Regulations. Additional definitions are as follows: A. ‘‘Temporary overburden’’ means overburden which will be moved back into the mine or which will otherwise be d…

89-100. Advertising and Notice of an Applicant’s Intent to Mine or Substantial Modifica- tion of a Permit. A. The applicant for a permit shall provide the most recent county tax map(s) and names and addresses of the owners of real property, as they appear on the county tax maps, …

89-110. Public Hearings Upon Request Following Advertisement of Intent to Mine or Substantial Modification of a Permit. A. A public hearing will be held by the Department, following the last required date of advertise- ment of any application for a permit or any substantial modif…

89-120. Terms and Conditions of Permit. A. The terms and conditions of the permit shall be as set forth in the approved Application for a Mining Permit and the approved Reclamation Plan. B. The Department may impose terms and conditions on the applicant’s or operator’s permit pro…

89-130. Operating Permit Survey Control Points. A. The operator shall be required to clearly mark the boundary of the permitted area prior to initiating mining. Boundary markers shall be maintained throughout the life of the mine. The operator shall also install and maintain two …

89-140. Minimum Standards for Environmental Protection and Land Reclamation. A. In all excavation of rock, provisions for safety to persons and to adjoining property must be provided including, but not limited to the following requirements: (1) Fencing may be required at any exca…

89-150. Surface Blasting Requirements. A. Pre-Blast Survey (1) Prior to initial blasting activities or significant modification of a permit which expects to use blasting, the operator shall be responsible for a pre-blast survey of inhabited structures (commercial buildings, homes…

89-160. Requirements for Substitution of Land to be Reclaimed. An operator shall have the right to substitute and reclaim an area mined in the past for an area presently being mined, the substitution being subject to approval by the Department. Such substitu- tions may be made on…

89-170. Departmental Procedure for Granting a Permit. A. When the Department receives the Application for a Mining Permit, it shall advertise the applicant’s intent to mine. B. The Department may refer copies of the Application for a Mining Permit to the State Water Resources Com…

89-180. The Reclamation Bond. A. In the event a surety bond will be given to secure the obligation for reclamation, Form MR-800 will be completed. B. In the event cash or registered securities or a savings account assignment will be given to secure the obligation for reclamation,…

89-190. Requirements and Procedures for Handling Surety Bonds or Other Securities. A. The Department will deposit registered securities, certificates of deposit, passbooks for the assignment of a savings account with the State Treasurer’s Office. B. Interest, rents or dividends p…

89-20. Activities Requiring Permits. No operator shall engage in mining without having first obtained from the Department an operating permit which covers the affected land provided that no permit shall be required for those activities specifically exempted by the Act. An operati…

89-200. Amount of Bond or Other Security. A. A bond or other security must be provided to cover the land to be affected by mining for a three-year period of operation plus all affected areas including sediment or tailings ponds, stock or waste piles, entrance roads and processing…

89-210. Annual Reclamation Report. Form MR-1100, entitled ‘‘Annual Reclamation Report’’, shall be completed in typewritten or hand printed form as required by the Act.

89-220. Application for Modifying a Mining Permit and/or Reclamation Plan. When an operator requests modification of a mining permit and/or reclamation plan, Form MR-1300, entitled ‘‘Application for Modifying a Mining Permit and/or Reclamation Plan’’, shall be completed in typewr…

89-230. Transfer of Operating Permit. A. In accordance with Section 48-20-70 of the Act, an operating permit may be transferred when one succeeds to the interest of another. An operating permit may be transferred to the successor operator when the following documents have been co…

89-240. Inspections by the Department. The Department, by and through its accredited representatives, may conduct inspections and investigations of the permitted area at any reasonable time for the purposes of determining whether the operator has complied with the reclamation pla…

89-250. Criteria for Determining Amount of Civil Penalty. In determining the amount of civil penalty assessment, pursuant to Section 48-20-220 of the S. C. Mining Act, the Department shall consider the following criteria insofar as they are appropriate to the violation: (A) Natur…

89-260. Grounds for Canceling an Application for a Permit. If the required performance bond is not filed with the Department within sixty days following the mailing of notification of approval of the applicant’s application for a permit, the Department will cancel the Application…

89-270. Termination of Mining Operation. A. The Department may declare a mining operation or a segment of a mining operation terminated when no mineral has been excavated or extracted or overburden removed or regraded for a period of twenty-four (24) consecutive months. B. At the…

89-280. Hearings and Hearing Procedure for Suspension or Revocation of Mining Per- mits by the Department. All hearings before the Department involving the suspension or revocation of mining permits shall be conducted in accordance with Section 48-20-160 of the 1976 South Carolin…

89-290. Hearing Procedure for Appeals of a Decision of the Department to the South Carolina Mining Council. A. Any applicant for a mining permit or any person who is aggrieved and is directly affected by the permit may appeal to the Mining Council from any decision or determinati…

89-30. Exemption from Operating Permit. An operating permit shall not be required for excavation or grading conducted solely in aid of on- site farming or on-site construction. This shall include grading, backfilling, plowing or excavating areas for agriculture, aquaculture, silv…

89-300. Declaratory Ruling. A. Any person may petition the Council for a declaratory ruling as to the applicability of any statutory provision or the content of administrative forms or of any rule or order of the South Carolina Mining Council. B. Such a petition shall be in writt…

89-310. Petition for Promulgation, Amendment, or Repeal of Regulations. A. Any interested person may petition the South Carolina Mining Council requesting the promul- gation, amendment, or repeal of any regulation. B. This petition shall be in written form and addressed to the Ch…

89-320. Notices. Whenever written notice is required to be given by the Department, such notice shall be mailed by registered or certified mail to the permanent address of the applicant or operator as set forth in his most recent application for an operating permit or for a modif…

89-330. Criteria for Approval of Reclamation Plan and Completed Land Reclamation. A. Minimum standards for final slopes in all excavations in soil, sand, gravel, or other unconsolidat- ed materials. The final slopes in all excavations in soil, sand, gravel and other unconsolidate…