South Carolina | Administrative Law | The Shissias Law Firm

Administrative and Regulatory Law

Procurement

The process by which the state, counties, municipalities, and even quasi-public agencies such as hospitals must select vendors and contractors for their goods and services is known as procurement. Often bidders do not realize that the terms of a poorly written or unfair procurement can be challenged before a neutral third party and modified. A bidder who believes that a contract was improperly awarded may be able to challenge that award.

Health Facility Licensing and Regulation

Certain construction/modification projects and equipment purchases by certain Health Care Facilities in South Carolina are subject to Certificate of Need review by DHEC. However, some projects are subject to regulatory exemptions, or may be able to avoid CON by requesting from DHEC a Non-Applicability Determination. Health facilities and other facilities involved in the provision of personal care are also subject to DHEC licensing requirements.

Consumer Products and Chemical Regulation

Is the consumer product you manufacture or distribute fully compliant? The answer may be surprising. In addition to certain EPA standards, there are Consumer Product Safety Commission (CPSC) labeling and warning requirements, Federal Trade Commission requirements, and possibly Food and Drug Administration requirements. Regulatory compliance doesn’t end at the federal level, either. Certain states in the Northeast of the US and Midwest have chemical content limitations, labeling, recordkeeping or reporting requirements. If your product ends up being sold in California, it may be subject to California’s Proposition 65 requirements, or other California regulatory requirements. Some states are in the process of enacting regulations to regulate chemicals such as BPA in consumer products. Manufacturers and distributors can adopt various strategies to cope with this regulatory maze.

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