South Carolina Code of Regulations
Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS
Section 28-25 - Declaratory Rulings

Universal Citation: SC Code Regs 28-25

Current through Register Vol. 48, No. 9, September 27, 2024

A. Petition for Declaratory Rulings: Any person may request in writing a declaratory ruling on the applicability of any administrative rule or regulation or Code provision.

(1) The petitioner shall include in his request the question to which an answer is sought and a list of reasons supporting or denying the applicability of the particular provision and/or rule or regulation involved.

(2) If the Administrator deems the matter to be of sufficient public importance, in the exercise of his absolute discretion he may schedule the matter for a public hearing pursuant to the procedures provided in the Administrative Procedures Act, (as amended).

B. Ruling by Administrator: The Administrator shall as soon as practicable issue his declaratory ruling. A copy of the ruling shall be mailed to the petitioner and to such other persons as shall request a copy.

C. Petition for Reconsideration: If the petitioner or any other person is aggrieved by the declaratory ruling of the Administrator, he may within twenty (20) days after the mailing of a copy of the declaratory ruling to the petitioner, petition the Administrator to reconsider his ruling. The petition for reconsideration shall set forth specifically and in detail, the particulars in which the petitioner believes the declaratory ruling of the Administrator to be in error.

D. Reconsideration: After reconsideration, the Administrator may confirm his ruling or abrogate, change, or modify the same in any particular.

E. Public Record of Declaratory Rulings: The Administrator shall keep available in his office for public inspection a copy of each of his declaratory rulings.

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