The South Carolina Department of Health and Environmental Control (“DHEC” or “Department”) develops regulations in accordance with the South Carolina Administrative Procedures Act (“APA”), S.C. Code Section 1-23-10 et seq. Regulation Development actions include promulgating new regulations, amending existing regulations, and repealing existing regulations. The Department does not promulgate regulations conflicting with or exceeding its authority as prescribed by governing law.

Initiation of Regulation Development Action

The South Carolina Department of Health and Environmental Control (“DHEC” or “Department”) initiates Regulation Development actions pursuant to governing law, public comment, internal analysis, or other relevant circumstances.

Notice of Drafting

The Department files a Notice of Drafting (“NOD”) providing an overview of the proposed Regulation Development action for publication in the South Carolina State Register. The NOD sets a thirty-day period in which DHEC receives public comments on the proposal.

Notice of Proposed Regulation

After considering public comments and conducting stakeholder outreach as necessary, DHEC seeks approval from the S.C. Board of Health and Environmental Control (“Board”) to publish a Notice of Proposed Regulation (“NPR”) in the South Carolina State Register. The NPR specifies new regulatory text and/or changes to existing text resulting from the proposed Regulation Development action. The NPR also sets the time and date of a Public Hearing and another thirty-day period for public comments.

Public Hearing

After considering public comments and conducting stakeholder outreach as necessary, DHEC submits a Notice of Final Regulation (“NFR”) to the Board for final determination of need and reasonableness of the proposed Regulation Development action. The Public Hearing allows the public to provide comments on the proposed action directly to the Board. After considering the DHEC staff presentation and public comments, the Board renders a decision as to whether the proposed action should advance.

Legislative review is required unless the Department promulgates a regulation to maintain compliance with federal law or the regulation is an emergency regulation.

Legislative Review Not Required

Following Board approval at the Public Hearing, DHEC files the NFR for publication in the South Carolina State Register. The new regulation, amendment, or repeal takes effect upon the date of this publication.

Legislative Review Required

Following Board approval at the Public Hearing, DHEC submits the NFR to the South Carolina General Assembly. In accordance with the APA, the General Assembly has one hundred twenty days of the legislative session to approve or disapprove the NFR. Upon legislative approval or completion of the one hundred twenty days, the Legislative Council publishes the NFR in the South Carolina State Register. The new regulation, amendment, or repeal takes effect upon the date of this publication.