South Carolina Code of Regulations Chapter 52 - STATE ETHICS COMMISSION
Here’s a detailed and up-to-date overview of Chapter 52 – State Ethics Commission in the South Carolina Code of Regulations (current through Register Vol. 49, No. 3, March 28, 2025) (regulations.justia.com):
🏛️ Chapter 52 – Structure & Scope
Statutory Authority: Under sections 2‑7‑10, 8‑13‑100 et seq., among others .
Overview of Articles:
Article 1 – Administration (§52‑100): Details Commission office location (Columbia), business hours (8:30 a–5 p, weekdays), meeting frequency, and continuous session status (scstatehouse.gov).
Article 2 – General (§52‑201 to §52‑212): Defines purpose, scope, severability, filing forms, timelines, signature effects, service methods, and subpoena processes (scstatehouse.gov).
Article 3 – Advisory Opinions (§52‑301 to §52‑303): Outlines procedures for both informal (staff-issued) and formal (binding) ethics advisory opinions (law.cornell.edu).
Article 4 – Lobbying (§52‑401 to §52‑405): Sets requirements for lobbyist registration, principal accountability, reporting, and enforcement (law.cornell.edu).
Article 5 – Campaign Practices & Reports (§52‑501 to §52‑506): Covers candidate and committee obligations, fund reporting, federal committee coordination, and enforcement. Last updated May 24, 2024 (law.cornell.edu).
Article 6 – Economic Interests & Contract Disclosures (§52‑601 to §52‑608): Specifies who must file statements of economic interest, contract disclosures, confidentiality criteria, and enforcement (law.cornell.edu).
Article 7 – Contested Case Procedures (§52‑701 to §52‑718): Explains the complaint lifecycle—filing, investigation (including probable cause), hearings, evidence, discovery/depositions (§52‑710), subpoenas (§52‑711), burden of proof, final orders, and confidentiality (law.cornell.edu).
Article 8 – Appellate Practice (§52‑801 to §52‑807): Lays out the appeal process for cases reviewed by the full Commission (law.cornell.edu).
Article 9 – Blind Trusts (§52‑901 to §52‑903): Governs the creation and effect of blind trusts for certain officials to avoid conflicts of interest (law.cornell.edu).
Article 10 – Effective Date (§52‑1001): Confirms the official repeal of former version and adoption of current Chapter structure effective June 27, 1997 (law.cornell.edu).
🔍 Key Highlights
Subpoenas & Discovery:
General subpoenas are issued by the Commission under §52‑211.
Discovery, including depositions, is permissible only after probable cause is found and a hearing is set (§52‑710). Detailed rules and timing are established (ethics.sc.gov).
Advisory Opinions:
Informal opinions (staff-level) are non-binding; formal opinions from the Commission carry binding force (scstatehouse.gov).
Lobbying:
Lobbyists and principals must register, submit reports, and adhere to enforcement protocols set out in Article 4 (law.cornell.edu).
Campaign Regulation:
Candidates and political committees must follow registration mandates, funding disclosures, and administrative enforcement as defined in Article 5 (law.justia.com).
📋 Summary Table
| Article | Subject Area | Key Provisions |
|---|---|---|
| 1 | Administration | Commission structure, operations |
| 2 | General Rules | Scope, definitions, filings, deadlines |
| 3 | Advisory Opinions | Binding vs. non-binding guidance |
| 4 | Lobbyist Registration & Reporting | Registration, disclosure, enforcement |
| 5 | Campaign Practices & Reports | Candidate rules, fund reporting |
| 6 | Economic Interests & Disclosures | Filing requirements, confidentiality |
| 7 | Contested Case Procedures | Complaints to hearings, discovery, subpoenas |
| 8 | Appeals | Rules for appellate review |
| 9 | Blind Trusts | Ethical conflict avoidance |
| 10 | Effective Date | Adoption and repeal details |
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