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The agents and officers shall have that rank or title as may be provided under the State Employees Classification System.The chief may appoint other personnel considered necessary and as provided for in the annual appropriations act.

(4) The good faith reliance by the Attorney General as to the information affirmed by SLED to obtain an administrative subpoena constitutes a complete defense to any civil, criminal, or administrative action arising out of the administrative subpoena.

HISTORY: 1962 Code Section 53-17; 1974 (58) 2878; 1993 Act No. For this purpose, the chief may establish divisions within the department to carry out particular duties as assigned by the chief. All security personnel employed by the State, other than at correctional institutions shall be under the direct supervision of the South Carolina Law Enforcement Division. Recordation and classification of fingerprints taken in criminal investigations.

HISTORY: 1962 Code Section 53-4.1; 1966 (54) 2596; 1983 Act No. All sheriff's and police departments in South Carolina shall make available to the Criminal Justice Records Division of the State Law Enforcement Division for the purpose of recordation and classification all fingerprints taken in criminal investigations resulting in convictions.

The chief may only be removed pursuant to the provisions of Section 1-3-240 of the 1976 Code.

The agents and officers of the division must be commissioned by the Governor upon the recommendation of the chief.

The officer may submit the administrative subpoena with signature to the Attorney General in person, by mail, by facsimile, or by other electronic means.

If the officer, after a good faith effort, is not able to submit the administrative subpoena with signature to the Attorney General in person, by mail, by facsimile, or by other electronic means, the officer may orally or electronically explain and affirm the administrative subpoena to the Attorney General.The Attorney General may return the administrative subpoena with signature to SLED in person, by mail, by facsimile, or by other electronic means.(3) If the Attorney General, after a good faith effort, is not able to return the administrative subpoena with signature to SLED in person, by mail, by facsimile, or by other electronic means, or the officer of the court employed by SLED was not able to submit the administrative subpoena with signature to the Attorney General and had to orally or electronically explain and affirm the administrative subpoena, the Attorney General may orally or electronically confirm authorization of the administrative subpoena.(D)(1) The Attorney General must authorize an officer of the court who is employed by SLED to issue an administrative subpoena to a financial institution, public or private utility, or communications provider if, after review, the Attorney General determines that SLED has reasonable cause to believe that the information is material to an active investigation of at least one of the financial crimes listed in subsection (B)(1), and that SLED is not otherwise able to obtain a warrant or subpoena for the information from a court due to one of the reasons listed in subsection (B)(2).(2) If the Attorney General authorizes the officer of the court who is employed by SLED to issue the administrative subpoena, the Attorney General must sign and return the administrative subpoena to SLED.Any state agencies or departments having commissioned law enforcement personnel shall assist the South Carolina Law Enforcement Division at any time the Chief of SLED requests assistance in carrying out the statutory duties of the division.

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