South Carolina Code of Regulations Chapter 52 - STATE ETHICS COMMISSION
South Carolina Code of Regulations, Chapter 52, specifically details the rules and procedures for the South Carolina State Ethics Commission. This chapter is integral to upholding ethical conduct, transparency, and accountability in South Carolina's government and political processes.
The State Ethics Commission is the primary agency responsible for enforcing the Ethics, Government Accountability, and Campaign Reform Act of 1991. Its regulations in Chapter 52 are designed to operationalize this Act and ensure its consistent application.
Here's a breakdown of the key areas typically covered in Chapter 52:
Administration (Article 1):
Defines the commission's location, business hours, and operational procedures.
States the purpose and scope of the regulations, emphasizing their role in administering the Ethics Act.
Outlines the use of official forms and documents required for filings.
Details methods of service for official communications (e.g., certified mail for hearing notices).
Specifies the effect of signatures on filed documents, certifying their truthfulness.
General Provisions (Article 2):
Provides definitions for key terms used throughout the regulations (e.g., "public official," "lobbyist," "economic interest").
Covers general rules of conduct and prohibitions for public officials, public members, and public employees, such as avoiding conflicts of interest, restrictions on gifts, and misuse of public resources.
Addresses issues like nepotism (favoritism based on kinship).
Advisory Opinions (Article 3):
Outlines the process for individuals (public officials, employees, candidates, lobbyists) to request advisory opinions from the Commission on how the Ethics Act applies to specific situations.
Distinguishes between formal (binding) and informal opinions.
Lobbyists, Lobbyist's Principals, and Rating Entities (Article 4):
Sets forth the registration and reporting requirements for lobbyists and their principals (those who employ lobbyists).
Addresses disclosure of lobbying activities and expenditures.
Campaign Practices and Reports (Article 5):
Establishes rules for campaign finance, including:
Registration requirements for political committees.
Detailed reporting obligations for candidates and committees on contributions and expenditures.
Enforcement mechanisms for violations of campaign finance rules.
Statement of Economic Interests and Contract Disclosure Forms (Article 6):
Specifies which public officials, public members, and public employees are required to file annual Statements of Economic Interests (SEIs).
Details the types of financial information that must be disclosed on SEIs to identify potential conflicts of interest (e.g., sources of income, associations with regulated businesses, interests in government contracts).
Outlines requirements for disclosing conflicts related to government contracts.
Contested Case Procedure (Article 7):
Lays out the formal procedures for investigating and adjudicating alleged violations of the Ethics Act.
Covers the process for filing a verified complaint, initial review, notice to respondents, confidential investigations, hearings, burden of proof, and decisions by the Commission panel.
Addresses representation at hearings.
Appellate Practice (Article 8):
Details the procedures for appealing decisions of the State Ethics Commission to higher courts.
Blind Trusts (Article 9):
Provides regulations concerning the establishment and management of "blind trusts" as a mechanism to avoid conflicts of interest.
Effective Date (Article 10):
Specifies the effective dates of the regulations and any amendments.
In essence, Chapter 52 provides the detailed operational blueprint for the South Carolina State Ethics Commission to fulfill its mandate of promoting integrity, transparency, and accountability in all aspects of state and local government.
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