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Circuit Riders: South Carolina Code of Regulations

Basic Legal Research Training

The South Carolina Regulatory Process

South Carolina regulations are written by state agencies to implement and enforce state statutes. For example, when the South Carolina General Assembly passed the South Carolina Education Lottery Act, it created the South Carolina Lottery Commission and gave it the power to govern the operation of the lottery through regulations.

South Carolina State Register
 
South Carolina State Register.Once an agency in South Carolina is given the authority to write regulations, it generally provides an opportunity for the public to comment by publishing a Notice of Drafting and the text of its proposed regulations in the South Carolina State Register.

Based on the feedback it receives, the agency may make revisions to the regulations before it submits its final version to the General Assembly for approval. After approval by the General Assembly, the final regulations are published in the South Carolina State Register. The regulations become effective when published.

 


The law library maintains a print version of the South Carolina State Register from its inception in 1977 to the present.

The current South Carolina State Register and archival volumes dating back through 1999 are available online through the South Carolina Legislature website
The University of South Carolina provides access to the remaining volumes of the South Carolina State Register (from 1977 through 1998as part of its digital collections.

South Carolina Code of Regulations

After an agency's final regulations are published in the SC State Register, they are organized by agency and arranged by chapters and sections (i.e., codified) in the South Carolina Code of Regulations

For example, in 2002 the South Carolina Lottery Commission issued regulations to implement the South Carolina Education Lottery. The regulation addressing how to claim a lottery prize from a winning ticket was published in the South Carolina Code of Regulations as Chapter 44, “Lottery Commission,” Section 70, “Claiming Prizes.” 

44-70 Claiming Prizes.

    A. A claim shall be entered in the name of a single natural person. A guardian may claim a prize if the ticket was received as a gift. No claim may be paid to an individual who is not eighteen (18) years of age. Groups, family units, organizations, clubs or other organizations shall designate one individual in whose name the claim is to be entered.

    B. Unless otherwise provided in the rules for a specific type of game, a claimant shall sign the back of the ticket and complete and sign a claim form provided by the Executive Director. The claimant shall submit the claim form and claimant’s ticket to SCEL in accordance with the instructions as stated on the claim form and on the back of the ticket. If there is a difference or conflict in the name appearing on the ticket and the claim form, the name which appears on the ticket controls.

    C. The claimant, by submitting the claim, agrees to discharge the State, SCEL, its officials, officers and employees of all further liability upon payment of the prize.

    D. A prize must be claimed within the time limits prescribed by the Executive Director.

    E. The Executive Director or Commission may deny awarding a prize to a claimant if the ticket is printed or produced in error.

    F. The Executive Director’s decisions and judgments in respect to the determination of a winning ticket or any dispute arising from the payment or awarding of prizes are final, subject to an appeal to the Commission.

    G. Unless the rules or procedures for any specific game provide otherwise, SCEL shall have the authority to designate any game be paid in periodic payments. Any prize not designated to be paid in periodic payments by the player or SCEL will be paid in a lump sum less that portion paid to the federal and state government for withholding tax purposes. No schedule of prize payments shall exceed twenty (20) years. To provide periodic prize payments, SCEL may purchase annuities from annuity sellers, securities from the United States government, or any other instruments provided for by law.

HISTORY: Added by State Register Volume 26, Issue No. 6, Part 2, eff June 28, 2002.

Text of SC Lottery Regulations

The current South Carolina Code of Regulations is available online for free via the South Carolina Legislature website.


South Carolina Code of Regulations (Annotated)

South Carolina Code of Regulations volumes.The official South Carolina Code of Regulations is published in print, annotated, and indexed as part of the South Carolina Code Annotated.

 Annotations add the following to the text of a regulation:

  • explanatory notes,
  • references to secondary sources, and
  • summaries and citations to cases interpreting the regulations.

An annotated version of the South Carolina Code of Regulations is also available through Westlaw, which some South Carolina public libraries subscribe to for their patrons

Citing South Carolina Regulations

The proper citation to a South Carolina regulation includes three numbers:

  1. the chapter number;
  2. the section number; and
  3. the year of the main volume (if the current regulation appears in the main volume), or the year of the supplement (if the current regulation appears in the supplement).

Note that we do not use a section (§) symbol to cite a South Carolina regulation.

For example, the South Carolina Lottery Commission regulation for claiming prizes would be cited as:

S.C.CodeAnn.Regs.44-70(2011).

This citation indicates that currently the entire regulation (44-70) is published in the 2011 hardbound regulations volume that contains Chapter 44. The information in parenthesis would be different if the current regulation appeared in the supplement only [S.C. Code Ann. Regs. 44-70 (Supp. 2019)] or if portions of the current regulation appeared in both the hardbound volume and the supplement [S.C. Code Ann. Regs. 44-70 (2011 & Supp. 2019)].

South Carolina Appellate Court Rule 268 governs the citation of South Carolina regulations. It is available via the Court Rules link on the South Carolina Judicial Department’s website.       

The blue bullets in the citation above represent spaces.