South Carolina Legislature


 

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H 3479
Session 110 (1993-1994)


H 3479 General Bill, By Sharpe, Alexander, Allison, Bailey, H. Brown, Carnell, 
Cato, C.D. Chamblee, Davenport, L.L. Elliott, R.C. Fulmer, Gamble, 
S.E. Gonzales, J.L. Harris, Harrison, M.F. Jaskwhich, Keegan, Kennedy, Koon, 
Lanford, Law, Littlejohn, J.G. McAbee, Quinn, Richardson, Riser, Robinson, 
J.S. Shissias, Simrill, R. Smith, C.H. Stone, Stuart, Townsend, Vaughn, 
C.Y. Waites, Walker, C.C. Wells, Wilder, J.B. Wilder, Wilkins, Witherspoon, 
S.S. Wofford, D.A. Wright, Young-Brickell and R.M. Young

Similar(S 475) A Bill to amend Section 1-23-10, as amended, Code of Laws of South Carolina, 1976, relating to definitions in the Administrative Procedures Act for promulgating regulations, so as to provide that tests, standards, and criteria used by an agency in evaluating license or permit applications come within the definition of a "regulation". 02/11/93 House Introduced and read first time HJ-8 02/11/93 House Referred to Committee on Judiciary HJ-8


A BILL

TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT FOR PROMULGATING REGULATIONS, SO AS TO PROVIDE THAT TESTS, STANDARDS, AND CRITERIA USED BY AN AGENCY IN EVALUATING LICENSE OR PERMIT APPLICATIONS COME WITHIN THE DEFINITION OF A "REGULATION".

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

SECTION 1. Section 1-23-10(4) of the 1976 Code is amended to read:

"(4) `Regulation' means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency including, but not limited to, any test, standard, or criteria an agency uses in evaluating license or permit applications. The term `regulation' includes 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 Board Services; orders of the supervisory or administrative agency of any a penal, mental, or medical institution, in respect to the institutional supervision, custody, control, care or treatment of inmates, prisoners, or patients therein; decisions of the governing board of any a university, college, technical college, school, or other educational institution with regards 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 any agencies; and other agency actions relating only to specified individuals."

SECTION 2. This act takes effect upon approval by the Governor.

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