Senate Transportation Committees Deal with SC Department of Transportation Regulations

The SCDOT promulgated regulations as a result of the DOT Reform Act 114 that was passed last year. A Senate Transportation Subcommittee and then the full committee held hearings on the regulations April 2.

The senators had a problem with the regulation dealing with the DOT’s road and bridge priorities. The senators asked DOT to see if the regulations might be tightened up, and reconsidered at a future meeting.

Another regulation dealt with the DOT hiring an internal auditor. The committee approved this regulation as presented.  However, the committee understood the DOT is having trouble finding a CPA who would take the internal auditor position.

The regulation allowing a DOT staff person to make certain decisions for the Secretary of Transportation was approved because the parameters for the decisions were defined. However, the senate committee carried over the regulation dealing with evaluating contractors.

Transportation Chair, Senator Larry Grooms (R- Berkeley) and other senators including Senators Yancey McGill (D-Williamsburg), Linda Short (D-Chester) and Gerald Malloy (D-Darlington) expressed concerns on the ranking system, especially for rural roads, bridges and highways.

Although Senator Grooms and others thought the SCDOT could make some changes to these regulations that would not stop the regulations from moving through the legislative oversight of regulations, Deborah Durden, SCDOT Attorney, told the committee the Administrative Procedure Act might prohibit making changes.  Typically, regulations from any state agency must either be accepted or rejected as they are presented by the General Assembly. In other words, regulations may not be amended once they have been submitted to the General Assembly. 

The General Assembly has until mid May to either accept or reject the SCDOT regulations.