Current through Register Vol. 48, No. 3, March 22, 2024
A. Definitions
(1) Agency--the South Carolina Department of
Social Services
(2)
Commissioner--The Commissioner of the South Carolina Department of Social
Services or his designee.
(3)
Declaratory Ruling--an agency ruling designed to clarify that which is
uncertain and which expresses the opinion of the Agency regarding applicability
of any rules, regulations, policies, or procedures of the Agency or any
statutes administered by the Agency without ordering any action.
(4) Person--an individual, partnership,
corporation, association, governmental subdivision or public or private agency
or organization.
B.
Petition for Declaratory Ruling
(1) Any person
may petition the Agency for issuance of a declaratory ruling to remove
uncertainty regarding the applicability of any rules, regulations, policies, or
procedures of the Agency.
(2)
Petitions for the issuance of a declaratory ruling shall:
(a) Be in the form of a letter to the Appeals
Unit, Department of Social Services, P. O. Box 1520, Columbia, SC
29202
(b) State in a clear and
concise manner the uncertainty which is the subject of the petition.
(c) Include a complete statement of facts and
grounds for the petition.
(d) Cite
statutory or other authority
(e)
Contain a full disclosure of the petitioner's interest.
C. Agency Action Upon Petition
(1) Upon receipt of a written petition for a
declaratory ruling, the Commissioner, shall grant prompt consideration to such
a request. However, the Commissioner may designate the Executive Assistant or
other administrative officer of the affected program to issue a ruling on the
petition. If deemed necessary to clarify the issues involved, the Commissioner
may, at his discretion, require a hearing to be held into the issue presented
to the agency for declaratory action. In the event a hearing is required, the
Commissioner shall set forth the procedural requirements of the hearing and all
other matters pertaining thereto.
(2) The Commissioner may, upon receipt of a
written petition, require the petitioner to submit additional facts, or provide
an oral explanation of the issues regarding the subject of a petition. If the
petitioner refuses or fails to comply with this request, the Commissioner may
dismiss the petition.
D.
Limitation of Subject
(1) Petitions for
declaratory rulings shall be limited in subject to rules, regulations, policies
and procedures of the Agency or statutes administered by the Agency.
(2) Petitions for declaratory rulings may not
be utilized to resolve actual cases or controversies which are required either
by contract, regulation, law or policy to be resolved through other Agency
hearing procedures.
(3) Each
petition shall be limited to one request for a declaratory ruling.
(4) Any petition for declaratory ruling which
does not conform to these regulations may be dismissed by the
Commissioner.
E.
Petitions involving Federal Policy, Regulations of Law
Petitions for declaratory rulings which involve, in part,
Federal policy, regulations or law may be accepted at the discretion of the
Commissioner, however, since the Commissioner is dependent upon the cooperation
of the Federal Government for interpretation of such matter, the time limits
for rendering decisions herein (section H) do not apply.
F. Declaratory Rulings on Agency's Own Motion
In order to remove uncertainty or provide clarification, the
Commissioner may, on his own motion and without notice or hearing, issue a
declaratory ruling.
G. The
Appeals Unit shall prescribe the format for declaratory rulings and shall be
responsible for the transmission of such rulings to all parties
concerned.
H. A decision in writing
on a petition shall be issued by the Commissioner within thirty days from the
date the petition is received by the Appeals Unit.
