Bill 2464

                    Current Status

Bill Number:               2464
Ratification Number:       288
Act Number:                190
Introducing Body:          House
Subject:                        State Register and Code of
                           Regulations, state agencies drafting
                           period

(A190, R288, H2464)

AN ACT TO AMEND ACT 176 OF 1977, AS AMENDED, RELATING TO THE STATE REGISTER AND CODE OF REGULATIONS AND ADMINISTRATIVE PROCEDURES, SO AS TO REQUIRE STATE AGENCIES TO GIVE NOTICE OF A DRAFTING PERIOD PRIOR TO THE NOTICE REQUIRED TO BE GIVEN OF PROPOSED REGULATIONS PRESENTLY REQUIRED BY THE ACT.

Be it enacted by the General Assembly of the State of South Carolina:

Findings

SECTION 1. The General Assembly finds that public access to the process by which state agencies promulgate regulations may be best served if a notice of a drafting period by a state agency is required prior to the notice of proposed regulations. The notice of a drafting period alerts the agency very early in the rule making process to problems which may later cause the agency to rewrite drastically the terms of the regulation it has formerly proposed by publication required by the Administrative Procedures Act. Through the use of informal consultation afforded interested parties, an agency's staff is able to receive suggestions on drafting regulations or to discuss problems before the agency commits itself to a specific text. By the use of the notice of a drafting period, interested parties may obtain valuable insight into the agency's views and may suggest methods by which the agency's purpose may be achieved without substantial modification of its business practices.

Applicability

SECTION 2. Section 11 of Article I of Act 176 of 1977, as last amended by Act 442 of 1980, is further amended to read:

"Section 11. (a) This section applies only to the promulgation of regulations as defined in item (4), Section 1, of this article and is subject to the additional requirements of Section 12 of this article.

(b) Prior to the promulgation, amendment, or repeal of any regulations, an agency shall:

(1) Give notice of a drafting period by publication of a notice in the State Register. The notice shall include the time when, the place where, and the manner in which interested persons may present their views during the initial drafting procedures before the regulations are submitted as proposed.

(2) Give at least thirty days' notice of intended action by publication of a notice in the State Register. The notice shall include either the text or a synopsis of the proposed regulation, the statutory authority for its promulgation, and the time when, the place where, and the manner in which interested persons may present their views on it. The notice must be mailed to all persons who have made timely requests of the agency for advance notice of proposed promulgation of regulations.

(3) Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. Opportunity for oral hearing must be granted if requested by twenty-five persons, by a governmental subdivision or agency, or by an association having not less than twenty-five members. The agency shall fully consider all written and oral submissions respecting the proposed regulation.

(c) A proceeding to contest any regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one year from the effective date of the regulation."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.