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Regulation Development Updates

Regulation Development Updates

Notices of drafting for several S.C. Department of Employment and Workforce regulations were published in the State Register on August 26, 2022. The synopsis of each is provided below. To view the complete notices of drafting, please refer to Volume 46, Issue No. 8 of the State Register available online at scstatehouse.gov.

Publication of a Notice of Drafting (NOD) in the State Register begins a 30-day comment period for interested persons to submit comments on the regulation. These comments are considered in drafting the text of the Notice of Proposed Regulation (NPR).

Interested persons may submit comments by email to RegulationComments@dew.sc.gov or by mail to Ellen Andrews-Morgan, Director of Governmental Affairs, SC Department of Employment and Workforce, P.O. Box 995, Columbia, SC 29202. The specific regulation to which comments should be applied should be clearly identified by any submissions. 

Please note that in order for your public comments to be considered for any of the below notices of drafting, comments must be received no later than 5:00 p.m. on Monday, September 26, 2022. 

R.47-6: Benefit Ratio for Zero Taxable Wages

The South Carolina Department of Employment and Workforce proposes amending R.47-6, Benefit Ratio for Zero Taxable Wages. R.47-6 instructs the Department on setting an employer’s tax class when that employer has zero taxable wages.

The Department proposes deleting obsolete sections that provide for assignment of employers to a tax class in the year 2011 only. The proposed amendment may also include corrections for clarity and readability, grammar, punctuation, codification, and overall improvement of the text of the regulation.

Legislative review of this amendment is required.

Submit a comment on R.47-6

R.47-16: Contributions: Interest

The South Carolina Department of Employment and Workforce proposes amending R.47-16, Contributions: Interest.

Section 41-31-400 of the Code of Laws of South Carolina, 1976, confers upon the Department of Employment and Workforce all powers for collection of unpaid unemployment taxes, interest, and penalties that are conferred upon the Department of Revenue by Title 12 for the collection of unpaid income taxes. However, R.47-16, as currently written, provides the Department of Employment and Workforce with only the collection remedies set forth in Chapter 54 of Title 12 rather than the entire title. The Department proposes amending this regulation to allow the Department to exercise all powers and collection remedies conferred by statute. The Department proposes to remove the reference to “Chapter 54” of Title 12.

Section 41-41-40 of the Code of Laws of South Carolina, 1976, provides for collection of overpaid unemployment insurance benefits in the same manner provided in Sections 41-31-380 through 41-31-400 for the collection of past due employer contributions. The Department proposes removing the reference to employers in the provisions of this regulation related to liens filed in favor of the Department and may also add language to incorporate collection of overpaid unemployment insurance benefits into the text of this regulation. The Department may also propose a change to the title to include “liens” or “collection remedies.”

The proposed amendment may also include corrections for clarity and readability, grammar, punctuation, codification, and overall improvement of the text of the regulation.

Legislative review of this amendment is required.

Submit a comment on R.47-16

 

R.47-500: Definitions/R.47-501: Unemployment Trust Fund Solvency

The South Carolina Department of Employment and Workforce proposes amending R.47-501, Unemployment Trust Fund Solvency. The Department further proposes amending the text of R.47-500, Definitions, to update time-particular language and merging it into R.47-501. This will entail repealing R.47-500 and adding its amended definitions to R.47-501.

R.47-500 lists the definitions applicable to the Unemployment Trust Fund, which is administered by the Department and consists of contributions paid by employer to pay benefits to individuals unemployed due to no fault of their own. The Department proposes to amend the definition of “cap” and may make other additions, deletions, or revisions to definitions as needed for clarity, consistency with statutory requirements, and improved administration of the trust fund. The revised provisions of R.47-500 will be merged into R.47-501 to achieve a more functional, streamlined regulation.

The Department proposes to amend R.47-501 concerning the income needed to pay benefits in each year and return the trust fund to an adequate level. The current regulations require a solvency surcharge in situations that may not be equitable for employers. The Department may amend methodology used to calculate total income needed; adjust conditions triggering a solvency surcharge; increase or decrease the length of the rebuilding period; and may make other additions, deletions, or revisions as needed to provide for enhanced stability of the fund, mitigation of the burden to employers associated with a fund rebuild, and response to novel or emergent economic conditions (such as those presented by natural disaster or declared emergency). The proposed amendment may also include corrections for clarity and readability, grammar, punctuation, codification, and overall improvement of the text of the regulation.

Legislative review of the proposed amendments and repeal is required.

Submit a comment on R.47-500/R.47-501

R.47-21: Filing Claims for Benefits and Registration for Work

The South Carolina Department of Employment and Workforce proposes amending R.47-21, Filing Claims for Benefits and Registration for Work. R.47-21 provides information and instructions on filing an initial claim for benefits and continuous claims. The Department proposes updating this regulation to be consistent with current practices and procedures and with upgrades in the Department’s technology. For example, the Department proposes amending the regulation to reflect that a claimant may file a claim for benefits electronically, and filing a claim is no longer required to be done in person at a Department office. The proposed amendment may also include corrections for clarity and readability, grammar, punctuation, codification, and overall improvement of the text of the regulation.

Legislative review of this amendment is required.

Submit a comment on R.47-21

R.47-17: Information to be Furnished with Respect to Changes in Ownership, Notification of Acquisitions, and Methods for the Transfer of Experience Rating

The South Carolina Department of Employment and Workforce proposes amending R.47-17, Information to be Furnished with Respect to Changes in Ownership, Notification of Acquisitions, and Methods for the Transfer of Experience Rating. R.47-17 requires employers to furnish information to the Department under specific circumstances such as when an employer discontinues its business or acquires another business. The Department proposes updating this regulation to be consistent with current practices and procedures and upgrades in the Department’s technology. The Department also proposes adding a requirement that employers notify the Department when their contact information changes. The proposed amendment may also include corrections for clarity and readability, grammar, punctuation, codification, and overall improvement of the text of the regulation.

Legislative review of this amendment is required.

Submit a comment on R.47-17

R.47-23: Offers of Work

The South Carolina Department of Employment and Workforce proposes amending R.47-23, Offers of Work. Pursuant to R.47-23 and under authority of S.C. Code Section 41-35-120(5), claimants may be disqualified from receiving benefits if the claimant refuses to accept available suitable work offered to them by the Department or an employer. The Department proposes updating this regulation to be consistent with modern operations and practices. Specifically, the Department proposes clarifying that employers may submit offers of work to potential employees by electronic methods in addition to the methods already contemplated by the regulation, which include written and oral offers of work. The proposed amendment may also include corrections for clarity and readability, grammar, punctuation, codification, and overall improvement of the text of the regulation.

Legislative review of this amendment is required.

Submit a comment on R.47-23

R.47-31: Public Employment Office

The South Carolina Department of Employment and Workforce proposes amending R.47-31, Public Employment Office. R.47-31 defines the term "public employment office" as used in statutes and regulations related to the Department. The Department proposes updating this regulation to reflect modern operations and, specifically, that a public employment office may be virtual. The proposed amendment may also include corrections for clarity and readability, grammar, punctuation, codification, and overall improvement of the text of the regulation.

Legislative review of this amendment is required.

Submit a comment on R.47-31

R.47-36: Review of Rulings with Respect to the Status, Liability, and Rate Contributions of an Employer or Employing Unit

The South Carolina Department of Employment and Workforce proposes amending R.47-36, Review of Rulings with Respect to the Status, Liability, and Rate Contributions of an Employer or Employing Unit. Pursuant to R.47-36, the Department provides an administrative review and appeal process for employers, who wish to challenge status, liability, or rate of unemployment insurance contributions. The Department proposes to amend R.47-36 to better define the types of documents that are subject to this administrative review and appeal process and the associated deadlines. The proposed amendment will clarify the appeal rights of the affected parties and the responsibilities of the Department to provide due process to employers. The proposed amendment may also include corrections for clarity and readability, grammar, punctuation, codification, and overall improvement of the text of the regulation.

Legislative review of this amendment is required.

Submit a comment on R.47-36