South Carolina Administrative Code

8-919. IFC Section 2305.5 Fire extinguishers. Approved portable fire extinguishers complying with Section 906 with a minimum rating of 2-A:20-B:C shall be provided and located such that an extinguisher is not more than 50 feet from pumps, dispensers or storage tank fill-pipe open…

8-920. IFC Section 2307.4 Location of dispensing operations and equipment. The point of transfer for LP-gas dispensing operations shall be separated from buildings and other exposures in accordance with NFPA 58 Table 6.7.2.1 and IFC Section 2306.7. Exception: The point of transfe…

8-921. IFC Section 2307.7 Public fueling of motor vehicles. Self-service LP-gas dispensing systems, including key, code and card lock dispensing systems, shall be limited to the filling of permanently mounted containers providing fuel to the LP-gas powered vehicle, is removed.

8-922. IFC Section 6101.1 Scope. Storage, handling and transportation of liquefied petroleum gas (LP-gas) and the installation of LP-gas equipment pertinent to systems for such uses shall comply with this chapter and NFPA 58. Properties of LP-gases shall be determined in accordan…

8-923. IFC Section 6106.1 Attendants. Dispensing of LP-gas shall be performed by a qualified attendant that meets the requirements of this section and NFPA 58 Section 4.4.

8-924. IFC Section 6107.4 Protecting containers from vehicles. Exception: An alternative method may be used that meets the intent of this section with the approval of the AHJ.

8-925. IFC Section 6109.13 Protection of containers. LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering. Vehicle protections shall be required as required by the fire code official in accordance with Section 312 or NFPA 58 8.4.2…

8-926. IFC Section 6110.1 Removed from service. Containers not connected for service at customer locations. LP-gas containers at customer locations that are not connected for service shall comply with all of the following: 1. Have LP-gas container outlets, except relief valves, c…

8-927. IFC Section 6111.2.1 Near residential, educational and institutional occupancies and other high-risk areas. Separation distance requirements may be reduced to not less than 50 feet as approved by the fire code official, based upon a completed fire safety analysis and consi…

9-100. ADJUDICATION RULES. (Statutory Authority: 1976 Code §§ 60-13-210, 54-7-640, 54-7-720, 54-7-740, 54-7-800) Editor’s Note HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998. Table of Contents I. GENERAL PROVISIONS 9-100.1. Definitions. 9-100.2…

9-100.1. Definitions. A. ‘‘Adjudication’’ means a trial-type proceeding (whether conducted pursuant to the Administra- tive Procedure Act (S.C. Code Ann. Section 1-23-310, et seq.), other statutes, or agency regulations or practice) that offers an opportunity for an oral, fact-fi…

9-100.10. Adjudicator: Assignment. Adjudications shall be presided over by an Adjudicator who shall be designated by the Director of SCIAA. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.11. Adjudicator: Powers. The Adjudicator shall have all powers necessary to the conduct of fair, expeditious, and impartial hearings, including the following: A. To administer oaths and affirmations; B. To issue subpoenas authorized by law; C. To rule on offers of proof and…

9-100.12. Adjudicator: Withdrawal; Disqualification; or Unavailability. A. Withdrawal or Disqualification of Adjudicator. 1. An Adjudicator may at any time disqualify her/himself. 2. a. Prior to the filing of the Adjudicator’s decision, any party may move that the Adjudicator dis…

9-100.2. Scope of Rules. A. These rules of practice and procedure are applicable to adjudications before SCIAA arising under or authorized by the South Carolina Underwater Antiquities Act of 1991, S.C. Code Ann., Section 54-7-610, et seq. B. In the absence of a specific provision…

9-100.20. Ex Parte Communications. A. Except to the extent required for the disposition of ex parte matters as authorized by law, the Adjudicator may not consult a person or party on any matter relevant to the merits of the adjudication, unless on notice and opportunity for all p…

9-100.200. Initiation of Adjudication. A. An adjudication is initiated when a pleading is filed with the Director. B. The document initiating the adjudication shall state briefly the nature of the proceeding, the identity of known parties, the jurisdiction under which the adjudic…

9-100.201. Consolidation or Severance of Adjudication. A. Consolidation. The Adjudicator may, upon motion or on her/his own motion, with reasonable notice and opportunity to object provided to all parties affected, consolidate any or all matters at issue in two or more adjudicati…

9-100.21. Separation of Functions. A. The Adjudicator may not be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigating or prosecuting functions for SCIAA. B. No officer, employee, or agent of SCIAA engaged in…

9-100.210. Intervention. A. Any person who desires to participate in an adjudication as an intervenor shall file a motion to intervene in a timely manner. B. A motion to intervene shall: 1. indicate the legal basis that supports the motion to intervene; 2. set forth the property,…

9-100.211. Limited Participation. A. A person wishing to participate in an adjudication other than as a party shall file a motion to participate as a limited participant. The motion shall state concisely the reasons why the person wishes to participate in the adjudication and the…

9-100.220. Prehearing Statement. A. The Adjudicator may require all parties to an adjudication to prepare prehearing statement(s) at a time and in the manner to be established by the Adjudicator. To the extent possible, joint statements should be prepared. B. Prehearing statement…

9-100.221. Prehearing, Settlement, and Other Conferences. A. With due regard for the convenience of all the parties, the Adjudicator may direct the parties to attend one or more conferences, prior to or during the course of the hearing, when the Adjudicator finds they are warrant…

9-100.230. Discovery: General. A. Following the initiation of the adjudication, discovery shall begin at, and be completed by, such time as the Adjudicator directs. B. Unless otherwise ordered by the Adjudicator, parties may obtain discovery by one or more of the following method…

9-100.231. Discovery: Scope. A. Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the adjudication, whether it relates to the case or defense of the party seeking discovery or to the case or defense of any other …

9-100.232. Discovery: Supplementation of Response. A party who has responded to a request for discovery with a response that was complete when made is under a duty to supplement the response to include information thereafter acquired, as follows: A. A party is under a duty to sup…

9-100.233. Interrogatories. A. Any party may serve upon any other party written interrogatories. However, the total number of general interrogatories to any one party may not exceed fifty (50) questions including subparts, except by permission of the adjudicator for good cause sh…

9-100.234. Depositions. A. Notice. Upon written notice to the witness and to all other parties, a party may take the testimony of a witness by deposition and may request the production of specified documents or materials by the witness at the deposition. The notice shall state th…

9-100.235. Requests for Production of Documents or Things for Inspection or Other Purposes. A. Any party may serve on any other party a request to produce and/or permit the party, or someone acting on its behalf, to inspect and copy any specified document(s) (i.e., any written, p…

9-100.236. Requests for Admissions. A. Any party may serve on any other party a written request for admission of the truth of any matters relevant to the adjudication set forth in the request that relate to statements or opinions of fact or of application of law to fact, includin…

9-100.237. Discovery: Protective Order. A. Upon motion by a party or the person from whom discovery is sought, and for good cause shown, the Adjudicator may make any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burde…

9-100.238. Discovery: Motion to Compel Discovery. A. If a party or other person upon whom a request for discovery has been served fails to answer a question propounded or to respond adequately, objects to a request, or fails to produce documents or other things for inspection or …

9-100.239. Discovery: Sanctions for Failure to Comply. If a party fails to provide or permit discovery, the Adjudicator may take such action as is just, including but not limited to the following: A. Infer that the admission, testimony, document, or other evidence would have been…

9-100.240. Settlement; Alternative Dispute Resolution. A. Availability. The parties shall have the opportunity to submit a settlement to the Adjudicator or submit a request for alternative dispute resolution under section D. B. Form. A settlement shall be in the form of a propose…

9-100.3. Construction and Modification or Waiver of Rules. A. These rules shall be liberally construed so as to secure the fair, expeditious, and least costly determination of all proceedings, consistent with consideration of the issues involved and protection of the rights of al…

9-100.30. Rights of [Docketed Party], Intervenor, and Limited Participant. A. The rights of a [Docketed Party] are determined by statute, these rules, and other applicable law. B. An intervenor’s right to participate as a party may be restricted by order of the Adjudicator pursua…

9-100.300. Scheduling and Notice of Hearing. A. The Adjudicator shall be responsible for scheduling the hearing. With due regard for the convenience of the parties, their representatives, or witnesses, the Adjudicator shall fix the time, place, and date for the hearing and shall …

9-100.310. Failure of Party to Appear. A decision may be entered against a party failing to appear at a hearing unless such party shows good cause for the failure to appear. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.320. Evidence: Admissibility. The Adjudicator shall admit, consider, or exclude evidence in accordance with S.C. Code Ann. Section 1-23-330 and the S.C. Rules of Evidence. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.322. Evidence: Confidential and Sensitive Information. A. Without limiting the discretion of the Adjudicator to give effect to applicable privileges, the Adjudicator may limit introduction of evidence or issue such protective or other orders that in her/his judgment are req…

9-100.324. Evidence: Stipulations. The parties may by stipulation in writing at any stage of the proceeding or orally at the hearing agree upon any pertinent facts in the proceeding. Stipulations may be received in evidence before, or at, the hearing and, when received in evidenc…

9-100.325. Evidence: Written Testimony. To the extent permitted by S.C. Code Ann. Section 1-23-330 and the S.C. Rules of Evidence, the Adjudicator may accept and enter into the record direct testimony of witnesses made by verified written statement rather than by oral presentatio…

9-100.326. Evidence: Exhibits and Documents. A. All exhibits shall be numbered and marked with a designation identifying the sponsor. The original of each exhibit offered in evidence or marked for identification shall be filed and retained in the docket of the proceeding, unless …

9-100.327. Evidence: Witness Fees; Oath or Affirmation; Refusal to Testify. A. Fees. Witnesses, other than employees of a state agency, summoned in an adjudication shall receive the same fees and mileage as witnesses in the courts of South Carolina. B. Oath or Affirmation. Witnes…

9-100.328. Burden of Going Forward with Evidence. The proponent of a factual proposition shall have the burden of introducing evidence to support that proposition. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.329. Burden of Proof. In all proceedings under this act, the burden of proof shall be by a preponderance of the evidence standard. HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.

9-100.330. Closing of Record. At the conclusion of the hearing, the record shall be closed unless the Adjudicator directs otherwise. Once the record is closed, no additional evidence shall be accepted except upon a showing that the evidence is material and that there was good cau…