Current Status Introducing Body:Senate Bill Number:1401 Primary Sponsor:Committee (12) Committee Number:26 Type of Legislation:GB Subject:Labor Department, regulations Residing Body:House Current Committee:Labor, Commerce and Industry Computer Document Number:NO5/8228.BD Introduced Date:Mar 18, 1992 Last History Body:House Last History Date:May 05, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide Sponsor Committee:Labor, Commerce & Industry Sponsor Committee Number:12 Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1401 House May 05, 1992 Introduced, read first time, 26
referred to Committee
1401 Senate Apr 30, 1992 Read third time, sent to House
1401 Senate Mar 19, 1992 Read second time
1401 Senate Mar 18, 1992 Introduced, read first time,
placed on Calendar without
reference
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Indicates Matter Stricken
Indicates New Matter
INTRODUCED
March 18, 1992
S. 1401
Introduced by Labor, Commerce and Industry Committee
S. Printed 3/18/92--S.
Read the first time March 18, 1992.
TO AMEND SECTION 41-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO PROVIDE FOR NOTICE OF A HEARING ON A REGULATION IN THE STATE REGISTER AND TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-15-220 of the 1976 Code is amended to read:
"Section 41-15-220. (A) Prior to Before the promulgation, modification, or revocation of any rule or a regulation issued pursuant to this article, the commissioner shall conduct a public hearing at which all interested persons, including employer and employee representatives, shall must be provided an opportunity to appear and present their comments either orally, or written or both. Notice of such the hearing shall must be published in the State Register and in at least three newspapers, at least one of which has circulation in upper, lower, and middle South Carolina, once a week for three weeks. The notice shall must contain the date, time, and place of the hearing and a brief description of the proposed rule or regulation.
(B) Occupational safety and health standards promulgated pursuant to this article are not subject to the Administrative Procedures Act. After promulgation the department shall file a notice in the Legislative Council to be published in the State Register. This notice must refer to the federal occupational safety and health administration standards which have been repromulgated under this section and give specific notice of differences between the state and federal standard. Filing and publication of notice in the State Register give notice of the contents of the standard to a person subject to or affected by it.
(C) Publication of the notice creates a rebuttable presumption that the:
(1) standard to which it refers was promulgated under this section;
(2) notice was filed and made available for public inspection at the day and hour stated in it;
(3) copy on file in the Legislative Council is a true copy of the original."
SECTION 2. This act takes effect upon approval by the Governor.