South Carolina Code of Laws
Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases
Section 1-23-60. Effect of filing and of publication of documents and regulations; rebuttable presumption of compliance; judicial notice of contents.

A document or regulation required by this article to be filed with the Legislative Council shall not be valid against a person who has not had actual knowledge of it until the document or regulation has been filed with the office of the Legislative Council, printed in the State Register and made available for public inspection as provided by this article. Unless otherwise specifically provided by statute, filing and publication of a document or regulation in the State Register as required or authorized by this article is sufficient to give notice of the contents of the document or regulation to a person subject to or affected by it. The publication of a document filed in the office of the Legislative Council creates a rebuttable presumption:
(1) That it was duly issued, prescribed or promulgated subject to further action required under this article;
(2) That it was filed and made available for public inspection at the day and hour stated in the printed notation thereon required under Section 1-23-30;
(3) That the copy on file in the Legislative Council is a true copy of the original;
The contents of filed documents shall be judicially noticed and, without prejudice to any other mode of citation, may be cited by volume and page number or the numerical designation assigned to it by the Legislative Council.
HISTORY: 1977 Act No. 176, Art. I, Section 6.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 1 - Administration of the Government

Chapter 23 - State Agency Rule Making And Adjudication Of Contested Cases

Section 1-23-10. Definitions.

Section 1-23-20. Custody, printing and distribution of documents charged to Legislative Council; establishment of State Register.

Section 1-23-30. Filing of documents with Legislative Council; public inspection; distribution.

Section 1-23-40. Documents required to be filed and published in State Register.

Section 1-23-50. Legislative Council to establish procedures.

Section 1-23-60. Effect of filing and of publication of documents and regulations; rebuttable presumption of compliance; judicial notice of contents.

Section 1-23-70. Duty of Attorney General.

Section 1-23-80. Costs incurred and revenues collected by Legislative Council.

Section 1-23-90. Complete codifications of documents; Code of State Regulations designated.

Section 1-23-100. Exemptions for Executive Orders, proclamations or documents issued by Governor's Office; treatment of some Executive Orders for information purposes.

Section 1-23-110. Procedures for publication of notice of proposed promulgation of regulations; public participation; contest of regulation for procedural defects.

Section 1-23-111. Regulation process; public hearings; report of presiding official; options upon unfavorable determination.

Section 1-23-115. Regulations requiring assessment reports; report contents; exceptions; preliminary assessment reports.

Section 1-23-120. Approval of regulations; submission to Legislative Council for submission to General Assembly; contents, requirements and procedures; compliance with federal law.

Section 1-23-125. Approval, disapproval and modification of regulations.

Section 1-23-126. Petition requesting promulgation, amendment or repeal of regulation.

Section 1-23-130. Emergency regulations.

Section 1-23-140. Duties of state agencies; necessity for public inspection.

Section 1-23-150. Appeals contesting authority of agency to promulgate regulation.

Section 1-23-160. Prior filed regulations unaffected.

Section 1-23-270. Small business defined; economic impact statements; impact reduction options; judicial review of agency compliance; periodic review of regulations.

Section 1-23-280. Small Business Regulatory Review Committee; membership; terms.

Section 1-23-290. Petition opposing regulation having significant adverse impact; determination of whether impact statement or public hearing addressed economic impact; waiver or reduction of administrative penalties.

Section 1-23-300. Applicability.

Section 1-23-310. Definitions.

Section 1-23-320. Notice and hearing in contested case; depositions; subpoenas; informal disposition; content of record.

Section 1-23-330. Evidentiary matters in contested cases.

Section 1-23-340. Procedure in contested cases where majority of those who are to render final decision are unfamiliar with case.

Section 1-23-350. Final decision or order in contested case.

Section 1-23-360. Communication by members or employees of agency assigned to decide contested case.

Section 1-23-370. Procedures regarding issuance, denial or renewal of licenses.

Section 1-23-380. Judicial review upon exhaustion of administrative remedies.

Section 1-23-390. Supreme Court review.

Section 1-23-400. Application of article.

Section 1-23-500. South Carolina Administrative Law Court created; number of judges.

Section 1-23-505. Definitions.

Section 1-23-510. Election of judges; terms.

Section 1-23-520. Eligibility for office.

Section 1-23-525. Members of General Assembly disqualified for office of law judge.

Section 1-23-530. Oath of office.

Section 1-23-535. Official seal.

Section 1-23-540. Compensation; full-time position.

Section 1-23-550. Vacancies.

Section 1-23-560. Application of Code of Judicial Conduct; complaints against administrative law judges; attending judicial-related functions.

Section 1-23-570. Chief Judge responsible for administration of division.

Section 1-23-580. Clerk of division; assistants to administrative law judges; other staff.

Section 1-23-590. Appropriation of funds.

Section 1-23-600. Hearings and proceedings.

Section 1-23-610. Judicial review of final decision of administrative law judge; stay of enforcement of decision.

Section 1-23-630. Powers of law judges.

Section 1-23-640. Principal offices of court; where cases heard.

Section 1-23-650. Promulgation of rules.

Section 1-23-660. Office of Motor Vehicle Hearings; conduct of hearings; applicability of Code of Judicial Conduct; appeals.

Section 1-23-670. Filing fees.

Section 1-23-680. Cost of South Carolina Code, supplements, and replacement volumes.