S.C. Code Regs. § § 13-2801

Current through Register Vol. 48, 12, December 27, 2024

Section 13-2801 - Interpretive Orders

A. The Commissioner may issue interpretive orders regarding the Act, the regulations issued thereunder, or any other order issued thereunder. Requests for written interpretations shall be in writing. The request must state or contain:

(1) the specific section or subsection of the particular statute, regulation, or order to which the request pertains;

(2) the names of each person and entity involved in the underlying facts;

(3) a description of the particular situation at hand. Requests must not attempt to include every possible type of situation that may arise in the future. The facts and representations must be specific, not general, and contain all relevant facts;

(4) an indication as to why the requesting party thinks a problem exists, the requesting party's opinion on the matter, and the basis of the opinion, to include any relevant legal analysis; and

(5) if the requesting party seeks confidential treatment, a specific request for confidential treatment and the basis for confidential treatment must be submitted with the request.

B. The Commissioner, in his discretion, may decline to issue orders when the requests do not meet the requirements listed in Subsection A above, or when there is deemed to be sufficient guidance existing on the issue at hand.

S.C. Code Regs. § 13-2801

Added by State Register Volume 42, Issue No. 05, eff. 5/25/2018.