Thursday, September 14, 2006

Regulations and Registers - The Law in Motion




This article focuses primarily on regulations and registers generated from various executive level offices. Keep in mind that this is not legal advice of any kind. Please contact and work with a competent attorney for any legal matter. Many times, a form of law may appear in a register before it becomes official law in regulation form.



As an overview laws are generally generated from the three branches of government and the executive branch generates primarily regulations.

1) Legislative - developed by local, state, and federal governments (sources such as code, public law or statutes). This is the main focus of this blog post.
2) Judicial - developed by actual court cases from municipal, state, and federal courts (sources such as Case Law, US Supreme Court Reporter, South Eastern 2nd case reports, SC Supreme Court Decisions, Appellate Court Rulings, common law system rulings, etc).
3) Executive - sources such as the US Federal Register or the SC Regulations.

The largest volume of regulations generated generally comes from the federal and state level.

FEDERAL LEVEL
The Code of Federal Regulations publishes about 50 different titles on topics such as: energy, animals, banks and banking, commercial practices, food and drugs, labor; navigation and navigable waters; patents, trademarks, copyright and other
areas…

The Government Printing Office - Code of Federal Regulations
Code of Federal Regulations

The Federal Register as described by the Government Printing Office website states that this contains the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. More information about the Register in general is available at:

The Government Printing Office - Federal Register
Federal Register

SC STATE LEVEL
The South Carolina Code of Regulations contains about 140 Chapters concerning various topics such as the Building Codes Council, State Budget and Control Board, farming regulations, labor, motor vehicles; labor and licensing; retirement, minority affairs, and other topics of interests.

The SC State house maintains a website with
SC Code of Regulations

The Main Library has a print set of the SC Code of Regulations in the Ready Reference Section.


South Carolina Register
The flowing comes directly from the South Carolina State Register in describe content found within the Register.

"
Notices are documents considered by the agency to have general public interest.
Notices of Drafting Regulations give interested persons the opportunity to comment during the initial drafting period before regulations are submitted as proposed.
Proposed Regulations are those regulations pending permanent adoption by an agency.
Pending Regulations Submitted to the General Assembly are regulations adopted by the agency pending approval by the General Assembly.
Final Regulations have been permanently adopted by the agency and approved by the General Assembly.
Emergency Regulations have been adopted on an emergency basis by the agency.
Executive Orders are actions issued and taken by the Governor.
"

The Main library has a print set of the SC State Register from 1999 to 2002 in the South Carolina Room. A historical version with past issues from the 1999 to June of 2002 are available at: South Carolina State House Website
Back Issues of SC State Register


There is a current online version of this publication, but there are fees associated with obtaining content from other websites. The College of Charleston, the Citadel, Charleston Southern University, and Trident Tech do not have a current subscription to this resource either.

LOCAL LEVEL
Each village, town of incorporation or un-incorporation, and city works differently and may or may not have local regulations or other forms of law generated by an executive of local government. It depends on the form of municipal government as sometimes legislation may have numerous readings before it becomes enforceable as law.