South Carolina Code of Regulations Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
Here’s a detailed breakdown of Chapter 65 – South Carolina Human Affairs Commission, effective through March 28, 2025 (regulations.justia.com):
🏛 Subchapter 1 – Human Affairs Law (§ 65‑1 to § 65‑40)
§ 65‑1: Definitions
Adopts terms from the South Carolina Human Affairs Law (e.g., “Commission,” “Employer,” “Complaint”) and defines internal roles like “Chairman” and “Investigator” (scstatehouse.gov).
§ 65‑2: Complaint Process
Allows individuals alleging unlawful employment practices under SC law or Title VII to file written, sworn complaints on Commission forms (scstatehouse.gov).
§ 65‑3 to § 65‑5: Investigation & Early Resolution
Outline steps for gathering evidence, offering temporary relief, and engaging in conciliation efforts before formal hearings (law.cornell.edu).
§ 65‑6: Reasonable Cause Determination
After investigation and unsuccessful early resolution, the Commission determines whether there's reasonable cause to believe discrimination occurred—and notifies both parties (law.cornell.edu).
§ 65‑7 to § 65‑9: Hearing & Legal Action
Detail procedures for reconsidering dismissals, conducting evidentiary hearings, and allowing civil lawsuits under Section 1‑13‑90(d) of the Act (law.cornell.edu).
§ 65‑10 to § 65‑13: Rulemaking & Investigations
Include certification requirements, how regulations are made available, rule and pleading interpretation, and authority for broader investigative authority (law.cornell.edu).
§ 65‑20 to § 65‑24: Employer Requirements
Cover mandated EEOC reports, designation of Equal Employment Officers, employee record retention, required postings, and minimum compliance standards (law.cornell.edu, law.justia.com).
§ 65‑30 and § 65‑40: Guidelines & Standards
Establishes performance guidelines and minimum operational requirements for handling complaints and investigations (law.cornell.edu).
🏠 Subchapter 2 – Fair Housing
Article 1 – Discriminatory Conduct (§ 65‑210 to § 65‑219)
§ 65‑210: General Policy & Definitions
SC’s Fair Housing Law prohibits discrimination in housing and related transactions based on race, color, religion, sex, handicap, familial status, or national origin (regulations.justia.com).
Includes exemptions for religious institutions, certain private clubs, and owner-occupied single‑family homes under limited conditions (regulations.justia.com).
§ 65‑211 et seq.: Prohibited Practices
Enumerates unlawful housing discrimination: refusing to rent or sell, offering different terms, discriminatory advertising, blockbusting, steering, discriminatory lending, appraisals, and brokerage services (scstatehouse.gov).
§ 65‑215: Handicap Protections
Outlines non-discrimination, accommodations, and accessibility standards specifically related to individuals with disabilities (scstatehouse.gov, schac.sc.gov).
§ 65‑217 & § 65‑219: Age & Interference
Address protections for age-related housing (elder housing) and prohibit coercion or interference in fair housing enforcement (law.justia.com).
Article 2 – Fair Housing Complaint Processing (§ 65‑220 to § 65‑229)
Defines how housing discrimination complaints are filed, referred, investigated, conciliated, and when formal complaints may be issued (law.justia.com).
Article 3 – Administrative Proceedings (§ 65‑230 to § 65‑237)
Sets out formal hearing rules: panels, parties, pleadings, motions, hearing conduct, decisions, and rule interpretation .
Article 4 – Fair Housing Advertising (§ 65‑240 to § 65‑246)
Specifies forbidden content in ads—words, symbols, visuals—and restrictions on media targeting to prevent discriminatory messaging .
✅ Summary
Subchapter 1 addresses employment-related discrimination through a structured process: filing, investigating, determining reasonable cause, hearings, and employer obligations.
Subchapter 2 covers fair housing—banning discrimination, detailing complaint processes, hearings, and regulating advertising practices.
The regulations are current through March 28, 2025, and reflect amendments up to Register Vol 49 No 3 (law.cornell.edu, regulations.justia.com).
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