S.C. Code Regs. § § 114-310

Current through Register Vol. 48, No. 11, November 22, 2024

Section 114-310 - Declaratory Rulings

A. Definitions

(1) Agency--the South Carolina Department of Social Services

(2) Commissioner--The Commissioner of the South Carolina Department of Social Services or his designee.

(3) Declaratory Ruling--an agency ruling designed to clarify that which is uncertain and which expresses the opinion of the Agency regarding applicability of any rules, regulations, policies, or procedures of the Agency or any statutes administered by the Agency without ordering any action.

(4) Person--an individual, partnership, corporation, association, governmental subdivision or public or private agency or organization.

B. Petition for Declaratory Ruling

(1) Any person may petition the Agency for issuance of a declaratory ruling to remove uncertainty regarding the applicability of any rules, regulations, policies, or procedures of the Agency.

(2) Petitions for the issuance of a declaratory ruling shall:

(a) Be in the form of a letter to the Appeals Unit, Department of Social Services, P. O. Box 1520, Columbia, SC 29202

(b) State in a clear and concise manner the uncertainty which is the subject of the petition.

(c) Include a complete statement of facts and grounds for the petition.

(d) Cite statutory or other authority

(e) Contain a full disclosure of the petitioner's interest.

C. Agency Action Upon Petition

(1) Upon receipt of a written petition for a declaratory ruling, the Commissioner, shall grant prompt consideration to such a request. However, the Commissioner may designate the Executive Assistant or other administrative officer of the affected program to issue a ruling on the petition. If deemed necessary to clarify the issues involved, the Commissioner may, at his discretion, require a hearing to be held into the issue presented to the agency for declaratory action. In the event a hearing is required, the Commissioner shall set forth the procedural requirements of the hearing and all other matters pertaining thereto.

(2) The Commissioner may, upon receipt of a written petition, require the petitioner to submit additional facts, or provide an oral explanation of the issues regarding the subject of a petition. If the petitioner refuses or fails to comply with this request, the Commissioner may dismiss the petition.

D. Limitation of Subject

(1) Petitions for declaratory rulings shall be limited in subject to rules, regulations, policies and procedures of the Agency or statutes administered by the Agency.

(2) Petitions for declaratory rulings may not be utilized to resolve actual cases or controversies which are required either by contract, regulation, law or policy to be resolved through other Agency hearing procedures.

(3) Each petition shall be limited to one request for a declaratory ruling.

(4) Any petition for declaratory ruling which does not conform to these regulations may be dismissed by the Commissioner.

E. Petitions involving Federal Policy, Regulations of Law

Petitions for declaratory rulings which involve, in part, Federal policy, regulations or law may be accepted at the discretion of the Commissioner, however, since the Commissioner is dependent upon the cooperation of the Federal Government for interpretation of such matter, the time limits for rendering decisions herein (section H) do not apply.

F. Declaratory Rulings on Agency's Own Motion

In order to remove uncertainty or provide clarification, the Commissioner may, on his own motion and without notice or hearing, issue a declaratory ruling.

G. The Appeals Unit shall prescribe the format for declaratory rulings and shall be responsible for the transmission of such rulings to all parties concerned.

H. A decision in writing on a petition shall be issued by the Commissioner within thirty days from the date the petition is received by the Appeals Unit.

S.C. Code Regs. § 114-310