§ 1-23-10 — Definitions.

South Carolina § 1-23-10

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

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As used in this article: (1) "Agency" or "State agency" means each state board, commission, department, executive department or officer, other than the legislature, the courts, the South Carolina Tobacco Community Development Board, or the Tobacco Settlement Revenue Management Authority, authorized by law to make regulations or to determine contested cases; (2) "Document" means a regulation, notice or similar instrument issued or promulgated pursuant to law by a state agency; (3) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency; (4) "Regulation" means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. Policy or guidance issued by an agency other than in a regulation does not have the force or effect of law. The term "regulation" includes general licensing criteria and conditions and the amendment or repeal of a prior regulation, but does not include descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; decisions or orders in rate making, price fixing, or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders, or rules of the Board of Probation, Parole, and Pardon Services; orders of the supervisory or administrative agency of a penal, mental, or medical institution, in respect to the institutional supervision, custody, control, care, or treatment of inmates, prisoners, or patients; decisions of the governing board of a university, college, technical college, school, or other educational institution with regard to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of agencies; and other agency actions relating only to specified individuals. (5) "Promulgation" means final agency action to enact a regulation after compliance with procedures prescribed in this article. (6) "Office" means the Revenue and Fiscal Affairs Office. (7) "Substantial economic impact" means a financial impact upon: (a) commercial enterprises; (b) retail businesses; (c) service businesses; (d) industry; (e) consumers of a product or service; (f) taxpayers; or (g) small businesses as defined in Section 1-23-270.

Legislative History

HISTORY: 1977 Act No. 176, Art. I, SECTION 1; 1992 Act No. 507, SECTION 2; 1996 Act No. 411, SECTION 1; 1999 Act No. 77, SECTION 2; 2000 Act No. 387, Part II, SECTION 69A.3; 2004 Act No. 231, SECTION 3, eff January 1, 2005. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1). Pursuant to the directive to the Code Commissioner in 2018 Act No. 246, SECTION 10, "Revenue and Fiscal Affairs Office" was substituted for all references to "Office of Research and Statistics of the Revenue and Fiscal Affairs Office". Effect of Amendment The 2004 amendment added subparagraph (7)(g).