Final Regulations

Document No. 5372 DEPARTMENT OF LABOR, LICENSING, AND REGULATION OFFICE OF OCCUPATIONAL SAFETY AND HEALTH CHAPTER 71 Statutory Authority: 1976 Code Section 41-15-210 Article 1, Subarticles 6 and 7 Occupational Safety and Health Standards The South Carolina Department of Labor, Licensing and Regulation, Division of Labor, Office of Occupational Safety and Health, hereby promulgates the following changes to South Carolina Regulations: In Subarticle 6 (General Industry): Revisions to Section 1910.1200, Hazard Communication Standard, as amended in Federal Register Volume 89, Number 196, dated Octo…

Document No. 5329 DEPARTMENT OF NATURAL RESOURCES CHAPTER 123 Statutory Authority: 1976 Code Sections 50-11-860, 50-11-2200, and 50-11-2210 123-204. Additional Regulations Applicable to Specific Properties. Synopsis: The Department of Natural Resources proposes to amend Regulation 123-204 “Additional Regulations Applicable to Specific Properties”. The subject of the proposed action is to amend the regulations to close access and landing, including intertidal areas, at Deveaux Bank between March 15 and October 15 to protect sea and shorebirds. Deveaux Bank is closed to public access year-round …

Document No. 5357 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-110(3) and 34-26-210 15-47. Merger Procedures for State Credit Unions. Synopsis: The State Board of Financial Institutions (BOFI) proposes to amend Regulation 15-47 to simplify and clarify merger procedures for state-chartered credit unions, and also to provide parity with federal credit unions regarding the merger process. The Notice of Drafting was published in the State Register on September 27, 2024. The Proposed Regulation was published in the State Register on November 22, 2024…

Document No. 5317 CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION CHAPTER 27 Statutory Authority: 1976 Code Sections 47-4-30, 47-19-30, and 47-19-170 27-1022. State Poultry Products Inspection Regulation. Synopsis: These regulations are being promulgated to modernize, clarify and update existing regulations which govern, to the extent authorized by S.C. Code, Title 47, Chapter 4, the inspection of poultry products produced for intrastate commerce. These updated regulations are necessary to comply with the federal Poultry Products Inspection Act (21 USCA 454, Section 5) which estab…

Document No. 5316 CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION CHAPTER 27 Statutory Authority: 1976 Code Sections 47-4-30 and 47-17-130 27-1023. State Meat Inspection Regulation. Synopsis: These regulations are being promulgated to modernize, clarify, and update existing regulations which govern, to the extent authorized by S. C. Code, Title 47, Chapter 4, the inspection of meat and meat food products produced for intrastate commerce. These updated regulations are necessary to comply with the Federal Meat Inspection Act (21 USCA 661, Section 301) which established Federal-State…

Document No. 5305 DEPARTMENT OF EMPLOYMENT AND WORKFORCE CHAPTER 47 Statutory Authority: 1976 Code Sections 41-29-110 and 41-29-230 47-6. Benefit Ratio for Zero Taxable Wages. Synopsis: The Department of Employment and Workforce proposes amending R.47-6, Benefit Ratio for Zero Taxable Wages, to conform with Section 3303(a) of the Federal Unemployment Tax Act, which prohibits assignment of an unemployment insurance tax rate of less than one percent to a new or newly covered employer with less than one year of experience. To maintain compliance with the Federal Unemployment Tax Act, the Departme…

Document No. 5298 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-60 and 34-1-110 15-1. Limitations and Restrictions on Purchase and Sale of Securities. Synopsis: The State Board of Financial Institutions (BOFI) amends Regulation 15-1 in order to allow state-chartered banks, state savings banks, and savings and loan associations to purchase and sell securities and invest in operating subsidiaries in the same manner as their nationally-chartered counterparts. The Notice of Drafting was published in the State Register on June 28, 2024. The Proposed R…

Document No. 5297 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-110(3) and 34-26-210 15-52. Increase in Field of Membership. Synopsis: The State Board of Financial Institutions (BOFI) repeals Regulation 15-52 because the federal policy statements referenced therein have been withdrawn, and because the Regulation pre-dates current credit union statute and is inconsistent with current statutory field of membership rules. The Notice of Drafting was published in the State Register on June 28, 2024. The Proposed Regulation was published in the State R…

Document No. 5295 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-110 15-32. Home Improvement Loans. Synopsis: The State Board of Financial Institutions (BOFI) repeals Regulation 15-32, as it references the Home Loan Bank Board a federal regulatory entity which no longer exists, and incorporates federal regulations that have been repealed. The Notice of Drafting was published in the State Register on June 28, 2024. The Proposed Regulation was published in the State Register on August 23, 2024. Instructions: Repeal the regulation in its entirety. 32 …

Document No. 5291 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-60 15-39H. Financial Institutions May Share in Ownership or Lease and Operation of Freestanding Automatic Teller Machine Branches. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-39H as outdated and unnecessary. The Notice of Drafting was published in the State Register on June 28, 2024. The Proposed Regulation was published in the State Register on August 23, 2024. Instructions: Repeal the regulation in its entirety. Text: 15-39H. Repealed.…

Document No. 5288 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-60 15-39R. Regulatory Net Worth Requirements. Synopsis: The State Board of Financial Institutions (BOFI) repeals Regulation 15-39R, as it references the Federal Savings and Loan Insurance Company (FSLIC), a federal regulatory entity which no longer exists, and incorporates federal regulations that have been repealed. The Notice of Drafting was published in the State Register on June 28, 2024. The Proposed Regulation was published in the State Register on August 23, 2024. Instructions:…

Document No. 5287 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-60, 34-1-110, and 34-50-530(A) 15-26. Disposition of Real Property of Banks. Synopsis: The State Board of Financial Institutions (BOFI) amends Regulation 15-26 in order to allow state-chartered banks, state savings banks, and savings and loan associations to hold, dispose of, and account for “Other Real Estate Owned” in the same manner as their nationally-chartered counterparts. The Notice of Drafting was published in the State Register on June 28, 2024. The Proposed Regulation was p…

Document No. 5284 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-60, 34-1-110, and 34-50-530(A) 15-25. Purchase of Property for Future Expansion. Synopsis: The State Board of Financial Institutions (BOFI) amends Regulation 15-25 in order to allow state-chartered banks, state savings banks, and savings and loan associations to hold property acquired for future expansion in the same manner as their nationally-chartered counterparts. The Notice of Drafting was published in the State Register on June 28, 2024. The Proposed Regulation was published in …

Document No. 5282 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-26-210 15-48. Procedure for State Credit Unions to Use Share Drafts. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-48 as it incorporates by reference a federal regulation no longer in effect. The Notice of Drafting was published in the State Register on June 28, 2024. The Proposed Regulation was published in the State Register on August 23, 2024. Instructions: FINAL REGULATIONS 35 South Carolina State Register Vol. 48, Issue 11 November 22, …

Document No. 5280 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-60 and 34-1-110 15-29. Loans to Officers and Directors. Synopsis: The State Board of Financial Institutions (BOFI) repeals Regulation 15-29, which requires loans to officers and directors of a state chartered bank to be approved by a two-thirds vote of the board of directors. Loans to officers and directors is already addressed sufficiently by Section 34-13-80 and by federal law at 12 C.F.R. Section 215, et seq (often referred to as “Reg O”). The Notice of Drafting was published in t…

Document No. 5279 DEPARTMENT OF LABOR, LICENSING AND REGULATION OFFICE OF OCCUPATIONAL SAFETY AND HEALTH CHAPTER 71 Statutory Authority: 1976 Code Section 41-15-210 Article I, Subarticle 6, Sections 1910.6 and 1910.1200 Occupational Safety and Health Standards The South Carolina Department of Labor, Licensing and Regulation, Division of Labor, Office of Occupational Safety and Health, hereby promulgates the following changes to South Carolina Regulations: In Subarticle 6 (General Industry): Revisions to Sections 1910.6 and 1910.1200 as amended in Federal Register Volume 89, Number 98, dated Mo…

Document No. 5269 STATE BOARD OF EDUCATION CHAPTER 43 Statutory Authority: 1976 Code Sections 59-5-60 and 60-9-30 43-170. Uniform Procedure for Selection or Reconsideration of Instructional Materials. (New) Synopsis: The State Board of Education (“State Board”) proposes this regulation which establishes consistent definitions and a two-prong threshold test for local educators and boards to determine if materials available to students in public schools are (1) Age and Developmentally Appropriate and (2) educationally suitable and aligned with the purpose of South Carolina’s instructional progra…

Document No. 5266 SOUTH CAROLINA WORKERS ’ COMPENSATION COMMISSION CHAPTER 67 Statutory Authority: 1976 Code Section 42-3-30 67-1602. Payment of Compensation. Synopsis: The South Carolina Workers’ Compensation Commission proposes to amend the regulation that addresses methods of payment by which compensation can be paid. Section-by-Section Discussion: 67-1602. Payment of Compensation. 1. Revises subsection A to allow the Commission to approve recipients who may accept payments on behalf of claimants. 2. Revises subsection B to clarify the purpose of subsection B. 3. Revises subsection C to mak…

Document No. 5265 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 44-7-110 through 44-7-394 61-16. Minimum Standards for Licensing Hospitals and Institutional General Infirmaries. Synopsis : Pursuant to S.C. Code Sections 44-7-250 and -260(A)(1), the Department of Health and Environmental Control (“Department”) establishes and enforces minimum standards for the licensure, maintenance, and operation of hospitals to ensure the safe and appropriate treatment of persons served in this state. The Department proposes to amend the R.61-16 for consiste…

Document No. 5264 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 44-7-110 through 44-7-394 61-91. Standards for Licensing Ambulatory Surgical Facilities. Synopsis: Pursuant to S.C. Code Sections 44-7-250 and 44-7-260(A)(4), the Department establishes and enforces the minimum standards for the licensure, maintenance, and operation of ambulatory surgical facilities to ensure the safe and appropriate treatment of persons served in this state. In accordance with 2023 Act No. 20 (S.164), the Department proposes amending R.61-91 to promulgate regula…

Document No. 5263 CLEMSON UNIVERSITY CHAPTER 27 Statutory Authority: 1976 Code Section 46-13-30 27-1070. Definitions. 27-1071. Registration of Pesticides. 27-1078. Certification and Licensing of Commercial Applicators. 27-1083. Pesticide Application Assurance, Vehicle Identification, Applicator Records Maintenance, and Direct Supervision. 27-1085. Standards for Prevention or Control of Wood-destroying Organisms. Synopsis: These proposed changes to the existing pesticide regulations consist of wording corrections, deletions and additions to provide greater clarity to readers, as well as to prov…