§ 1-23-60 — Effect of filing and of publication of documents and regulations; rebuttable presumption of compliance; judicial notice of contents.

South Carolina § 1-23-60

• Jurisdiction: South Carolina
• Title 1: ADMINISTRATION OF THE GOVERNMENT
• Ch. 23: STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES

Text

A document or regulation required by this article to be filed with the Legislative Council shall not be valid against a person who has not had actual knowledge of it until the document or regulation has been filed with the office of the Legislative Council, printed in the State Register and made available for public inspection as provided by this article. Unless otherwise specifically provided by statute, filing and publication of a document or regulation in the State Register as required or authorized by this article is sufficient to give notice of the contents of the document or regulation to a person subject to or affected by it. The publication of a document filed in the office of the Legislative Council creates a rebuttable presumption: (1) That it was duly issued, prescribed or promulgated subject to further action required under this article; (2) That it was filed and made available for public inspection at the day and hour stated in the printed notation thereon required under SECTION 1-23-30; (3) That the copy on file in the Legislative Council is a true copy of the original; The contents of filed documents shall be judicially noticed and, without prejudice to any other mode of citation, may be cited by volume and page number or the numerical designation assigned to it by the Legislative Council.

Legislative History

HISTORY: 1977 Act No. 176, Art. I, SECTION 6.