South Carolina Administrative Code

103-847. Documentary Evidence. A. Commission Files. In case any matter contained in a report or other document on file with the Commission is offered in evidence, such report or other document need not be produced or marked for identification, but may be offered in evidence by sp…

103-848. Exhibits. A. Size of Exhibits. Except by special permission of the presiding officer, no prepared exhibits offered as evidence shall be of greater size, when folded, than 8 1/2 inches by 11 inches. B. Copies of Exhibits. When exhibits are offered in evidence, the origina…

103-849. Objections to the Introduction of Evidence. A. In General. Any evidence offered in whatever form shall be subject to appropriate and timely objection. When objection is made to the admissibility of evidence, such evidence may be received subject to later rulings by the p…

103-850. Transcripts. A. In General. The Commission will cause to be made a record of all proceedings. B. Copies of Transcript. Copies of the typewritten transcript of any proceeding may be obtained from the hearing reporters upon request and after payment of the applicable fee. …

103-851. Briefs or Proposed Orders. A. Due Date. The presiding officer shall fix the time for filing and service of briefs or proposed orders. B. Table of Contents and Citations. A brief of more than 20 pages shall contain a table of contents showing arguments presented with page…

103-852. Service of Orders. A. All Orders representing final disposition of a proceeding shall be filed with the Chief Clerk, who shall serve copies thereof upon all parties of record or their authorized representative. Such service shall be by electronic service, certified mail,…

103-853. Finality of Decision. All proceedings before the Commission shall be disposed of by issuance of an Order as defined in R.103-804(K) served upon all parties of record. A. Effective Date of Orders. Commission Orders shall take effect and become operative when served by ele…

103-854. Petition for Rehearing or Reconsideration. Unless otherwise provided by law, no cause of action shall accrue in any court of competent jurisdiction to vacate or set aside any Order of the Commission, either in whole or in part, unless a petition for rehearing or reconsid…

103-856. Appellate Review. A. In General. After denial of rehearing, a party of record may appeal a Commission Order to the appropriate judicial forum pursuant to applicable provisions of law. B. Stay of Commission Order Pending Review. Except as otherwise provided by law, an app…

103-857. Penalty Provisions. A. In General. Any fine or penalty assessed against any person as allowed by statute, may be imposed in accordance with applicable provisions of law and these rules as established by the Commission. B. Calculation of Fine or Penalty. The fine or penal…

103-858. General Provisions. A. Additional Hearings. The Commission may, in addition to other hearings as provided for by rule or statute, conduct such other hearings as may be required in the administration of the Commission’s power and duties. B. Construction. If any provision …

103-859. Emergency Procedures. A. When it appears to the Office of Regulatory Staff that a utility is planning to disconnect its service to a customer(s) in violation of the Commission’s Rules and Regulations and under circum- stances which prevent the full Commission from meetin…

103-9. Heating, Lighting, etc., of Coaches. On all passenger trains, or trains carrying passengers in this State, the railroad companies shall furnish safe and adequate heating appliances and lights, and shall keep the passenger coaches clean, sufficiently warm, and properly vent…

104-10. Terminal Tariff No. 1 A. See note following Chapter 104 heading.

104-20. Foreign Trade Zone No. 21, Rates and Charges. See note following Chapter 104 heading.

104-25. Foreign Trade Zone No. 21, Use and Management. See note following Chapter 104 heading.

104-30. Procedures for Handling Import and Export Cargo. See note following Chapter 104 heading.

105-10. Instructors. A. Approved qualifying courses must be taught by Commission-approved instructors who are actively licensed as brokers by the Commission. Instructors teaching courses which are part of a degree program offered by an accredited college or university and instruc…

105-11. Renewals. All provider, course, and instructor approvals expire biennially on August 31 of even-numbered years. If an approval has expired, the provider or instructor must reapply and meet all requirements in effect at the time of reapplication in order to receive approva…

105-12. Provider, Course, and Instructor Fees. The following fees shall be charged by and paid to the Commission: A. for each course provider approval, a fee of two hundred dollars ($200), and for each renewal thereof, a fee of one hundred dollars ($100); and B. for each course a…

105-13. Fees. The Commission may charge fees as shown in South Carolina Code of Regulations Chapter 10-37 and on the South Carolina Real Estate Commission website. HISTORY: Added by State Register Volume 36, Issue No. 6, eff June 22, 2012. Amended by State Register Volume 39, Iss…

105-14. Residential Property Condition Disclosure Statement Form. The South Carolina Code of Laws (Title 27, Chapter 50, Article 1) requires that an owner of residential real property (a single-family dwelling unit or a single transaction involving transfer of four dwelling units…

105-2. Vacation Time Sharing Ownership Plans Defined. Vacation time sharing ownership plans shall specifically include: A. time sharing ownership plans, whereby purchasers are deeded an undivided interest in the facilities with a right to use designated accommodations for a speci…

105-3. Sale of Vacation Time Sharing Plan Receivables. The provisions of Section 27-32-80 shall not be construed to prevent the seller’s right to sell, discount, or hypothecate for value receivables in favor of any bank, mortgage company, or other lending institution, and such pu…

105-4. Providers of Courses. A. As used throughout these regulations, the term ‘‘provider’’ shall mean any school, organization, association, institution, or instructor. B. Courses taught as part of a degree program at an accredited college or university and courses taught by a f…

105-5. Application for Approval. A. Prospective providers of courses must furnish to the Commission completed applications for provider and course approval and all supporting documentation as required by the Commission. B. If an application is disapproved, reason(s) for disapprov…

105-6. Course Curriculum, Approval, Attendance, and Verification. A. For pre-licensing courses, providers must teach courses in separate and distinct units consisting of the minimum hours as specified in S.C. Code Sections 40-57-320(A)(1)(a), 40-57-320(A)(2)(a) and 40-57-510(C)(1…

105-7. Enrollment Agreement, Policies, and Procedures. A. An enrollment agreement disclosing the obligations of both parties must be signed by the provider and student prior to the commencement of classes. A copy of the enrollment agreement containing all policies and procedures …

105-8. Other Operating Procedures. A. Teaching Methods. (1) Pre-licensing and continuing education courses may be conducted via in-person or distance learning. Distance learning courses are those where the licensed instructor and student are physically apart and instruction takes…

105-9. Auditing and Record Keeping. A. Providers must keep copies of all enrollment agreements, advertising, rosters, and attendance records for a minimum of five (5) years and must be made available to a representative of the Commission upon request. B. Providers must permit per…

106-1. Classification of Residential Specialty Contractors. In furtherance of established custom and usage within the construction industry and in recognition of the historical fact that the different skills, knowledge and experience necessary to the specialized trades and crafts…

106-2. Residential Specialty Contractors License. As provided by Section 40-59-220, the Commission finds that the following residential specialty classifications must be licensed after examination satisfactorily demonstrating that an applicant is qualified to engage in a resident…

106-3. Initial Fees. The Commission may charge fees as shown in South Carolina Code of Regulations Chapter 10-38 and on the South Carolina Residential Builders Commission website at http://llr.sc.gov/POL/Residential Builders/. HISTORY: Amended by State Register Volume 17, Issue N…

106-4. Qualifications for Home Inspectors. A. Any person desiring to be licensed as a home inspector, without examination by the commission shall file with the commission an application on forms provided by the commission showing to the satisfaction of the commission that he is c…

106-5. Emergency License and Registration A. In the instance of an event declared to be an emergency by the governor, the department, as defined by S.C. Code Ann. § 40-59-20(2), is authorized to issue emergency licenses and registrations for out-of-state builders and specialty co…

108-1. Definitions. 1. ‘‘CE Hour’’ means continuing education hour, to equal fifty (50) minutes of instruction time. 2. ‘‘CSSE’’ means the Council of Soil Science Examiners. This organization writes the Fundamen- tals of Soil Science exam and the Professional Practice of Soil Sci…

108-2. Licensure. A. Applications for Certification as a Soil Classifier In-Training 1. The application must be submitted on forms approved by the Department and must document education and examination as set out below. 2. It shall be the responsibility of the applicant to ensure…

108-3. Seals. A. A professional soil classifier shall not affix, or permit to be affixed, his/her name or seal to any document which was not prepared by him/her or under his/her direct supervision. No licensee shall affix his/her seal to any document unless the licensee has assum…

108-4. License Expiration, Renewal, and Reinstatement. A. Licenses issued to individuals expire biennially. The expiration date is noted on the license. Licenses must be renewed for the following licensure period by payment of the renewal fee and by reporting completion of the re…

108-5. Continuing Education. A. Basic Requirements 1. Each soil classifier shall have completed thirty (30) continuing education hours of acceptable continuing education requirements during the two (2) year period immediately preceding each biennial renewal date as a condition fo…

108-6. Examinations. A. The examination for a professional soil classifier shall be the Fundamentals of Soil Science Exam and Professional Practice of Soil Science Exam, written by CSSE. B. An applicant for soil classifier in-training shall be required to pass the Fundamentals of…

108-7. Fees. The Advisory Council may charge fees as shown in South Carolina Code of Regulations Chapter 10-40 and on the South Carolina Soil Classifiers Advisory Council website at http://llr.sc.gov/POL/Soil/. HISTORY: Added by State Register Volume 36, Issue No. 6, eff June 22,…

108-8. Code of Ethics. A. Relation of Professional to the Public 1. A licensee shall avoid and discourage sensational, exaggerated, and/or unwarranted statements that might induce participation in unsound enterprises. 2. A licensee shall not give professional opinion or make a re…

110-1. Continuing Education Requirements. A. The Board recognizes that social work is a practice of a profession which must conform to the public’s expectation of professional competency. It further recognizes that structured programs of continuing education will provide licensee…

110-10. Fees. The Board sets, determines, establishes, prescribes, and levies fees for license applications, examina- tions (which do not include any fees paid to any organization other than the Board administering any examination required by the Board), temporary licenses, licen…

110-20. Principles of Professional Ethics. 1. The social worker shall not exploit relationships with clients for personal or business advantages, other than the proper, reasonable and agreed upon compensation for his services to the client. 2. The social worker shall not solicit …

110-30. The Practice of Masters Social Work in a Supervised Clinical or Advanced Practice Setting. Per S.C. Code Section 40-63-20(26), a Licensed Master Social Worker (LMSW) may engage in supervised clinical or advanced practice in social, medical, or governmental agencies. A. De…