South Carolina Code of Regulations Chapter 12 - SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY
📘 Overview of Chapter 12
Chapter 12 is divided into several articles, each addressing specific aspects of archival and historic preservation practices:
Article 1: Certified Local Government (CLG) Program
This article outlines the guidelines for implementing the CLG program in South Carolina, which encourages local governments to actively participate in historic preservation efforts. Key sections include:
Section 12-100: Introduction to the CLG program.
Section 12-101: Criteria for participation.
Section 12-102: Process for certification.
Section 12-103: Monitoring and decertification procedures.
Section 12-104: Transfer of Historic Preservation Fund allocations.
Section 12-105: Application for pass-through funds.
Section 12-106: Funding priorities.
Section 12-107: Participation in the National Register nomination process.
Article 2: Microfilming of Public Records
This article sets quality standards and practices for the microfilming of public records, ensuring their preservation and accessibility. It includes:
Section 12-200: Introduction and general standards.
Section 12-201: Standards for records of archival value.
Section 12-202: Standards for records of short-term retention value.
Articles 3–12: Retention Schedules and Facility Standards
These articles provide general retention schedules for various types of records and establish minimum standards for facilities housing public records:
Article 3: State administrative records.
Article 4: State personnel records.
Article 5: County records.
Article 6: Municipal records.
Article 7: State financial records.
Article 8: State colleges and universities.
Article 9: School districts.
Article 10: Minimum standards for records storage facilities.
Article 11: Data processing records of state agencies/institutions.
Article 12: Electronic records common to most state agencies/institutions.
⚖️ Case Law Illustrating Application
While specific case law directly interpreting Chapter 12 is limited, the regulations have been referenced in legal contexts, particularly concerning the preservation and management of public records and historic properties. For instance, the South Carolina Code of Laws, Title 60, Chapter 12, addresses the protection of state-owned or leased historic properties, which aligns with the objectives of Chapter 12.
🏛️ Enforcement and Compliance
The SCDAH is responsible for enforcing the provisions of Chapter 12. Non-compliance with the established standards and guidelines can result in penalties, including fines and potential legal action. Entities subject to these regulations must adhere to the prescribed retention schedules and facility standards to ensure the preservation and accessibility of public records and historic properties.
📜 Conclusion
Chapter 12 of the South Carolina Code of Regulations plays a crucial role in safeguarding the state's historical and archival resources. By establishing clear guidelines for the preservation, management, and accessibility of public records and historic properties, it ensures that these valuable assets are protected for future generations. Compliance with these regulations is essential for maintaining the integrity and accessibility of South Carolina's historical and archival materials.
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