South Carolina Code of Regulations Chapter 9 - INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY
Here’s an overview of Chapter 9 – Institute of Archaeology and Anthropology from the South Carolina Code of Regulations:
📘 Scope & Authority
Chapter 9 operates under the authority of 1976 Code, Article 3 of Chapter 7 of Title 54 and is administered by the South Carolina Institute of Archaeology and Anthropology (SCIAA), part of the University of South Carolina (law.cornell.edu).
The regulations primarily cover Subchapter 9‑100 – Adjudication Rules, which apply procedural rules for hearings related to the South Carolina Underwater Antiquities Act (scstatehouse.gov).
🔍 Subchapter 9‑100 – Adjudication Rules
1. General Provisions (§ 9‑100.1 – 9‑100.80)
Definitions (§ 9‑100.1): Covers terms such as “Adjudicator,” “Director,” “Party,” and “SCIAA” (scstatehouse.gov).
Scope (§ 9‑100.2): Adjudications under the Underwater Antiquities Act and, where applicable, guided by South Carolina Rules of Civil Procedure .
Construction & Waiver (§ 9‑100.3): Rules are construed liberally to ensure fairness, and may be modified or waived if no party is prejudiced (scstatehouse.gov).
Adjudicator Roles: Designation, powers (e.g., administering oaths, issuing subpoenas, managing hearings), and rules for withdrawal or disqualification (§ 9‑100.10 – 12) (scstatehouse.gov).
Ex Parte Communications (§ 9‑100.20): Prohibits improper communications and outlines permitted interactions (scstatehouse.gov).
Representation (§ 9‑100.40): Parties may be represented by counsel; attorneys must be members of the SC bar (scstatehouse.gov).
2. Pre‑Hearing Stage (§ 9‑100.200 – 9‑100.240)
Covers initiation of adjudications, pre‑hearing statements, discovery procedures (e.g., interrogatories, depositions), and settlement/alternative dispute resolution procedures .
3. The Hearing (§ 9‑100.300 – 9‑100.360)
Addresses scheduling, notice, evidence admissibility, handling of confidential information, record-keeping, burden of proof, witness fees, closing arguments, and issuance of decisions .
4. Appeal Process (§ 9‑100.400 – 9‑100.450)
Defines interlocutory review, petitions for review, appellate briefs, oral arguments, final decisions, and reconsideration procedures (law.justia.com).
📄 Key Takeaways
These rules define how SCIAA conducts formal hearings—covering everything from definitions to evidence handling, and appeal.
The full text (including all sub-parts) is available in a PDF: “CHAPTER 9 Institute of Archeology and Anthropology”, published June 26, 1998 (scstatehouse.gov).
Justia and Cornell both provide current versions of these regulations (Last updated March 28, 2025, per Justia) (regulations.justia.com).
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