What are the differences between a legislative and an administrative rule?

In South Carolina, the differences between a legislative and an administrative rule can be summed up as the difference between laws passed by the legislature and regulations passed by administrative agencies. Legislative rules are passed by the South Carolina state legislature. These laws are designed to apply within the entire state and the regulations they set apply equally to everyone and every organization in the state. Examples of legislative rules include criminal laws, tax laws, and regulations surrounding government programs. Administrative rules are created by administrative agencies. These agencies have the authority to establish rules applicable to their specific field of expertise and may even be given the power to issue fines or enact other penalties to organizations or individuals who break these regulations. Administrative rules are typically created to clarify the intent of a legislative rule or to provide additional details that are not found in legislation. Examples of administrative rules in South Carolina include rules that regulate the practices of individual professions such as medical doctors, the workplace safety requirements of the South Carolina Occupational Safety and Health Administration (SCOSHA), and the conservative environmental regulations enforced by the South Carolina Department of Health and Environmental Control (DHEC). In conclusion, legislative rules are laws passed by the legislature that apply to everyone in the state, while administrative rules are regulations created by administrative agencies in order to clarify the intent of the law or provide additional details.

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