Final Regulations

Document No. 5235 DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF PHYSICAL THERAPY EXAMINERS CHAPTER 101 Statutory Authority: 1976 Code Section 40-45-60 101-01. Definitions. 101-07. Continuing Education and Competency. 101-08. Fees. 101-09. Supervision Guidelines. 101-11. Referral. 101-15. Sexual Misconduct. Synopsis: The South Carolina Board of Physical Therapy Examiners proposes to amend Chapter 101 of the Code of Regulations, including but not limited to sections R.101-07 regarding continuing education and R.101-11 regarding referral. Scrivener’s errors and other matters will b…

Document No. 5234 DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF MEDICAL EXAMINERS CHAPTER 81 Statutory Authority: 1976 Code Sections 40-1-70, 40-47-10, 40-47-110, and 40-47-1720 81-500. Powers and Duties of Athletic Trainers’ Advisory Committee. (New) 81-501. Renewal and Reinstatement of License. (New) 81-502. Change of Name or Address. (New) 81-503. Standards of Conduct. (New) 81-505. Patient Care. (New) 81-507. Code of Ethics and Professional Standards. (New) Synopsis: The South Carolina Board of Medical Examiners proposes adding regulations for athletic trainers as required b…

Document No. 5233 DEPARTMENT OF LABOR, LICENSING AND REGULATION CHAPTER 10 Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-47-650, and 40-47-800 10-24. Board of Medical Examiners. Synopsis: The South Carolina Department of Labor, Licensing and Regulation proposes to amend the fee schedule for the Board of Medical Examiners, whose fees appear in Chapter 10 of the South Carolina Code of Regulations. The Notice of Drafting was published in the State Register on July 28, 2023. Instructions: Print the regulation as shown below. All other items remain unchanged. Text: 10-24. Board of Me…

Document No. 5226 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 13-7-10 et seq. 61-83. Transportation of Radioactive Waste Into or Within South Carolina. Synopsis : FINAL REGULATIONS 121 South Carolina State Register Vol. 48, Issue 5 May 24, 2024 Pursuant to S.C. Code Ann., Sections 13-7-10 et seq., the Department of Health and Environmental Control (“Department”) requires compliance with all applicable provisions and current revisions of Title 10, Part 71 of the Code of Federal Regulations (10 CFR 71), and any disposal facility’s radioactive…

Document No. 5223 STATE BOARD OF EDUCATION CHAPTER 43 Statutory Authority: 1976 Code Sections 59-5-60, 59-5-100, 59-5-120, and 59-67-520 43-80. Operation of Public Student Transportation Services. Synopsis: The State Board of Education proposes to amend R.43-80 Operation of Public Student Transportation Services to address aides on school buses. The Notice of Drafting was published in the State Register on April 28, 2023. Instructions: Print the regulation as shown below. All other items remain unchanged. Text: 43-80. Operation of Public Student Transportation Services. I. The school district …

Document No. 5222 STATE BOARD OF EDUCATION CHAPTER 43 Statutory Authority: 1976 Code Sections 59-21-510, 59-33-10, and 59-33-10 43-243.1. Criteria for Entry into Programs of Special Education for Students with Disabilities . Synopsis: The State Board of Education proposes to amend R.43-243.1 Criteria for Entry into Programs of Special Education for Students with Disabilities. These revisions reflect developments in the field, guidance from OSEP, provide clarity and to support uniform implementation of the eligibility criteria for the thirteen categories identified in IDEA. The Notice of Drafti…

Document No. 5219 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-110 15-9. Limitations and Restrictions on Loans, Savings and Loan. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-9 as it conflicts with Section 34-28-510, which was passed after this regulation. The Notice of Drafting was published in the State Register on June 23, 2023. The Proposed Regulation was published in the State Register on August 25, 2023. Instructions: Repeal the regulation in its entirety. 78 FINAL REGULATIONS South Carolina St…

Document No. 5217 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-60 and 34-1-110 15-5. Investment of Surpluses. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-5 as it contains obsolete references to and rules regarding cash depositories. The Notice of Drafting was published in the State Register on June 23, 2023. The Proposed Regulation was published in the State Register on August 25, 2023. Instructions: Repeal the regulation in its entirety. Text: 15-5. Repealed. Fiscal Impact Statement: There will be…

Document No. 5216 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-60 and 34-1-110 15-6. Insurance and Fidelity Bond Protection. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-6 as it contains obsolete references to and rules regarding cash depositories. The Notice of Drafting was published in the State Register on June 23, 2023. The Proposed Regulation was published in the State Register on August 25, 2023. Instructions: Repeal the regulation in its entirety. Text: 15-6. Repealed. Statement of Rationale:…

Document No. 5215 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-60 15-23. Home Improvement Loans, Savings and Loan. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-23 because the federal law referenced therein has changed, and the 15% cap for outstanding home improvement loans is no longer applicable. The Notice of Drafting was published in the State Register on June 23, 2023. 76 FINAL REGULATIONS South Carolina State Register Vol. 48, Issue 5 May 24, 2024 Instructions: Repeal the regulation in its entir…

Document No. 5213 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-60 15-11. Servicemen’s Readjustment Act. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-11 to remove obsolete references to the Servicemen’s Readjustment Act of 1944, which lapsed in 1956. The Notice of Drafting was published in the State Register on June 23, 2023. Instructions: Repeal the regulation in its entirety. Text: 15-11. Repealed. Fiscal Impact Statement: There will be no cost incurred by the State or any of its political subdivisi…

Document No. 5210 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-110 15-24. Borrower’s Preference Re Attorney and Insurance. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-24 because the underlying state law references in this regulation are no longer correct, and the subject matter of the regulation is now addressed in the Consumer Protection Code, Section 37-10-102. The Notice of Drafting was published in the State Register on June 23, 2023. The Proposed Regulation was published in the State Register o…

Document No. 5209 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-60 15-10. Participation in RFC Loans. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-10 to remove obsolete language regarding the Reconstruction Finance Corporation, which was dismantled in 1953. The Notice of Drafting was published in the State Register on June 23, 2023. The Proposed Regulation was published in the State Register on August 25, 2023. Instructions: Repeal the regulation in its entirety. 80 FINAL REGULATIONS South Carolina St…

Document No. 5208 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-26-210 15-40. Notice of Intention to Withdraw Shares. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-40 to remove obsolete references to state law, and remove limitations on credit unions which are currently sufficiently addressed in Code Section 34-26-210(2). The Notice of Drafting was published in the State Register on June 23, 2023. The Proposed Regulation was published in the State Register on August 25, 2023. Instructions: Repeal the reg…

Document No. 5207 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-60 15-19. Mobile Home Loans, Savings and Loan. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-19 to remove obsolete and outdated state and federal laws, as well as a federal regulatory entity that no longer exists, and because the subject matter is addressed in Section 34-28-510. The Notice of Drafting was published in the State Register on June 23, 2023. The Proposed Regulation was published in the State Register on August 25, 2023. Instru…

Document No. 5200 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 30 Statutory Authority: 1976 Code Sections 48-39-10 et seq. 30-1. Statement of Policy. 30-2. Applying for a Permit. 30-11. General Guidelines for All Critical Areas. 30-13. Specific Project Standards for Beaches and the Beach/Dune System. 30-15. Activities Allowed Seaward of the Baseline. Synopsis: South Carolina’s beachfront policies and jurisdictional authorities are established under the South Carolina Beachfront Management Act (S.C. Code Sections 48-39-250 et seq.). Over the past three decades, these rules FINAL REGUL…

Document No. 5191 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 2022 Act No. 119, Section 5, effective January 27, 2022 61-107.20. Solar Energy Systems. (New) Synopsis : Pursuant to 2022 Act No. 119, Section 5, the Department of Health and Environmental Control (Department) is directed to develop rules to guide all South Carolinians invested in, selling, installing, and using photovoltaic (PV) modules and energy storage system batteries in the management of end-of-life PV modules and energy storage system batteries on solar projects, and the decommissioning of …

Document No. 5187 DEPARTMENT OF LABOR, LICENSING AND REGULATION STATE BOARD OF REGISTRATION FOR FORESTERS CHAPTER 53 Statutory Authority: 1976 Code Sections 40-1-70, 48-27-80, 48-27-140, and 48-27-190 53-4. Quorum. Synopsis: The South Carolina Board of Registration for Foresters proposes to amend the definition of “quorum” in R.53-4 to be consistent with the definition appearing in the Freedom of Information Act (FOIA), S.C. Code Section 30-4-20(e). ANotice of Drafting was published in the State Register on February 24, 2023. Instructions: Print the regulation as shown below. All other items r…

Document No. 5182 DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS CHAPTER 88 Statutory Authority: 1976 Code Section 44-20-220 Article 9. Unclassified Facilities and Programs. Synopsis: The Department of Disabilities and Special Needs proposes to amend Article 9 to provide guidance on the application requirements and determination process regarding the licenses for unclassified settings and programs provided by the Department of Disabilities and Special Needs. Specific sections edited are Regulations 88-910, Unclassified Facilities and Programs; 88-915, Application for License of an Unclassified P…

Document No. 5181 DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS CHAPTER 88 Statutory Authority: 1976 Code Section 44-20-220 Article 4. Day Programs for Persons with Intellectual Disability. Synopsis: The Department of Disabilities and Special Needs proposes to amend Article 4 to provide the procedure for the administration of day programs provided by the Department of Disabilities and Special Needs. Specific sections amended are 88-405, Definitions; 88-410, Personnel; 88-415, Facility; 88-420, Transportation; 88-425, Medical Care; 88-430, Evaluations; 88-435, Program; and 88-440, Records. Secti…

Document No. 5180 DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS CHAPTER 88 Statutory Authority: 1976 Code Section 44-20-220 Article 2. Definitions. Synopsis: The Department of Disabilities and Special Needs proposes to repeal Article 2 in its entirety, as it is no longer needed following the amendments made to the other articles adding a relevant definitions section. Therefore, the Department of Disabilities and Special Needs proposes to repeal Article 2 in its entirety. Section-by-Section Discussion: Repeal Article 2 in its entirety. The Notice of Drafting was published in the State Register o…

Document No. 5179 DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS CHAPTER 88 Statutory Authority: 1976 Code Section 44-20-220 Article 1. License Requirement for Facilities and Programs. Synopsis: The Department of Disabilities and Special needs proposes to amend Article 1 to provide guidance on license requirements for settings and programs provided by the Department of Disabilities and Special Needs. All sections have been amended and new sections have been added to Article 1. Section-by-Section Discussion: 88-105. Adding Definitions Section. Subsequent Sections are re-ordered. FINAL REGULATIONS…

Document No. 5176 STATE BOARD OF EDUCATION CHAPTER 43 Statutory Authority: 1976 Code Sections 59-5-60, 59-1-320, and 4 U.S.C. Section 1, et seq. 43-188. Displaying the Flag. Synopsis: The State Board of Education proposes to amend R.43-188: Displaying the flag, to include schools shall display the official motto of the United States, “In God We Trust”, and the official motto of South Carolina, “Dum spiro spero” and “Animis opibusque parati”, and their respective translations. The Notice of Drafting was published in the State Register on December 23, 2022. Instructions: Print the regulation as …

Document No. 5115 STATE ETHICS COMMISSION CHAPTER 52 Statutory Authority: 1976 Code Sections 8-13-320, 8-13-365, 8-13-1110, 8-13-1140, 8-13-1306, and 8-13-1356 52-601. General. 52-607. Candidates’ and Incumbents’ Statements of Economic Interests. Synopsis: The State Ethics Commission proposes to amend Regulations 52-601 and 52-607 to delete language related to paper filing and to replace outdated filing deadlines with those required by statute. Section-by-Section Discussion: 52-601. General. A. No changes. B. Delete in its entirety. C. Update filing deadline. D. Update filing deadline. 52-607.…

Document No. 5114 STATE ETHICS COMMISSION CHAPTER 52 Statutory Authority: 1976 Code Sections 2-17-20, 2-17-25, 2-17-30, 2-17-35, 2-17-40, 2-17-90, 8-13-320, and 8-13-365 52-402. Lobbyist’s and Lobbyist’s Principal Registration, Termination, Supplemental Registration, Record Keeping, and Reregistration Requirements. FINAL REGULATIONS 71 South Carolina State Register Vol. 48, Issue 5 May 24, 2024 52-403. Lobbyists and Lobbyist’s Principal Reporting Requirements. Synopsis: The State Ethics Commission proposes to amend Regulations 52-402 and 52-403 regarding Commission filings for lobbyists and lo…

Document No. 5113 STATE ETHICS COMMISSION CHAPTER 52 Statutory Authority: 1976 Code Section 8-13-320 52-208. Computation of Time. 52-210. Notice of Representation. Synopsis: The State Ethics Commission proposes to amend Regulation 52-208 to clarify that the proper court for appeals from Commission contested case hearings is the Court of Appeals and Regulation 52-210 to clarify that the Commission’s attorney alone represents the Commission and the Complainant during a contested case hearing. Section-by-Section Discussion: 52-208. Computation of Time. A.-B. No changes. C. Change Circuit Court to…

Document No. 5112 STATE ETHICS COMMISSION CHAPTER 52 Statutory Authority: 1976 Code Sections 8-13-320 and 8-13-540 52-702. Initiating a Complaint. 52-713. Conduct of Hearings. 52-718. Confidentiality of Proceedings. Synopsis: The State Ethics Commission proposes to amend Regulation 52-702 regarding the Commission’s jurisdiction, Regulation 52-713 regarding Commission hearings, and Regulation 52-718 regarding confidentiality during the complaint process. Section-by-Section Discussion: 52-702. Initiating a Complaint. A. Delete language excluding members of General Assembly from Commission’s comp…

Document No. 5111 STATE ETHICS COMMISSION CHAPTER 52 Statutory Authority: 1976 Code Sections 8-13-320, 8-13-365, 8-13-1110, 8-13-1140, 8-13-1306, and 8-13-1356 52-501. General. 52-502. Responsibility of Persons Accepting Declarations of Candidacy or Petitions for Nomination. Synopsis: The State Ethics Commission proposes to amend Regulation 52-501 to replace language related to paper filing with language related to electronic filing and Regulation 52-502 to replace language related to paper filing with language related to electronic filing and to replace the outdated filing deadlines with thos…

Document No. 5175 CLEMSON UNIVERSITY CHAPTER 27 Statutory Authority: 1976 Code Sections 46-9-40 and 46-9-50 27-55. Tropical Soda Apple Quarantine. 27-56. Benghal Dayflower Quarantine. 27-57. Emerald Ash Borer Quarantine. Synopsis: To list and describe current plant pests and quarantine areas and conditions related to the control of said plant pests. In this case, the listing is being updated by removing the quarantine areas for Tropical Soda Apple, Benghal Dayflower and Emerald Ash Borer. Section-by-Section Discussion: 27-55. Tropical Soda Apple Quarantine. Delete text as listed below. 27-56. …

Document No. 5136 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CHAPTER 61 Statutory Authority: 1976 Code Sections 44-7-110 through 44-7-340 61-15. Certification of Need for Health Facilities and Services. Synopsis: Pursuant to S.C. Code Sections 44-7-110 et seq., the Department of Health and Environmental Control (“Department”) is required to adopt substantive and procedural regulations considered necessary by the Department and approved by the S.C. Board of Health and Environmental Control (“Board”) to carry out the Department’s Certificate of Need duties. The Department amends R.61-15 for …

Document No. 5145 DEPARTMENT OF SOCIAL SERVICES CHAPTER 114 Statutory Authority: 1976 Code Sections 43-5-580(b), 63-17-470(D), and 45 CFR 302.56 114-4710. Use of the Guidelines. 114-4720. Determination of Child Support Awards. 114-4730. Unusual Custody Arrangements. 114-4740. Periodic Review. 114-4750. Child Support Guidelines Schedule and Worksheets. Synopsis: The Department of Social Services is required to perform a quadrennial review of Regulation 114-4710 through 114-4750, known as the Child Support Guidelines. The Guidelines are used to calculate the appropriate amount of child support t…

Document No. 5262 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. 5261 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. 5220 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-110 15-41. Limitations and Restrictions on Real Estate Mortgages. Synopsis: The State Board of Financial Institutions (BOFI) proposes to amend Regulation 15-41 to provide state-chartered credit unions with parity to federal credit unions and consistency among institutions in South Carolina by incorporating the Interagency Appraisal and Evaluation Guidelines. FINAL REGULATIONS 35 South Carolina State Register Vol. 47, Issue 11 November 24, 2023 Legislative review of this regulation is …

Document No. 5218 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-110 15-2. Limitations and Restrictions on Borrowing by Savings and Loan Institutions. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-2 in order to allow state-chartered savings and loan institutions to borrow money without written approval by BOFI, in the same manner as a state-chartered bank. Legislative review of this proposal is not required pursuant to Section 1-23-120(H)(2) and Section 34-1-110(A)(2). The Notice of Drafting was publish…

Document No. 5214 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-110 15-27. Consolidated Report of Income and Expenses. Synopsis: The State Board of Financial Institutions (BOFI) proposes to amend Regulation 15-27 to establish a consistent rule for submission of Reports of Condition for banks, savings banks, savings and loan associations, and trust companies, which shall be the same as is required for their federally-chartered counterparts. Legislative review of this regulation is not required pursuant to Section 1-23-120(H)(2) and Section 34-1-110…

Document No. 5212 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Sections 34-1-110 and 34-26-210 15-53. Reports of Condition. (New) Synopsis: The State Board of Financial Institutions (BOFI) proposes a new regulation to be codified as “15-53. Reports of Condition.” This regulation would require that state-chartered credit unions file reports of financial condition with the Agency on a quarterly basis, as federal credit unions are required to do. Legislative review of this Regulation is not required pursuant to Section 1-23-120(H)(2) and Section 34-1-110(A)(3). …

Document No. 5211 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-110 15-8. Published Reports of Condition, Savings and Loan. Synopsis: The State Board of Financial Institutions (BOFI) proposes to repeal Regulation 15-8 to remove the obsolete requirement for savings and loan associations to publish a report of condition in the newspaper when called upon to do so by the chief examiner. Legislative review of this proposal is not required pursuant to Section 1-23-120(H)(2) and Section 34-1-110(A)(2). FINAL REGULATIONS 37 South Carolina State Register V…

Document No. 5206 STATE BOARD OF FINANCIAL INSTITUTIONS CHAPTER 15 Statutory Authority: 1976 Code Section 34-1-110 15-7. Loans Secured by Real Estate Mortgages. Synopsis: The State Board of Financial Institutions (BOFI) proposes to amend Regulation 15-7 to provide state-chartered banks, savings banks, and savings and loans with parity with federal banks when appraising real estate for purposes of securing a loan. Legislative review of this proposal is not required pursuant to Section 1-23-120(H)(2) and Section 34-1-110(A)(1) and (2). 36 FINAL REGULATIONS South Carolina State Register Vol. 47, …