reglab/housing_qa huggingface dataset:
SC Code § 37-6-204 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-204. Notification; persons making consumer rental-purchase agreements.

 In lieu of the notification requirements of Section 37-6-202, persons engaged in this State in making consumer rental-purchase transactions shall:  (1) File notification with the administrator within thirty days after commencing business in this State, and, thereafter, on or before January thirty-first of each year. The notification must state:  (a) name of the person;  (b) name in which business is transacted if different from (a);  (c) address of principal office, which may be outside this State;  (d) an indication that the creditor engages in the business of making consumer rental-purchase agreements;  (e) address of all offices or stores, if any, in this State at which consumer rental-purchase transactions are made, or in the case of a person taking assignments of obligations, the offices or places of business within this State at which business is transacted;  (f) an indication of which addresses listed in subitems (c) and (e) engage in making consumer credit sales or cash sales of merchandise in addition to consumer rental-purchase agreements;  (g) if consumer rental-purchase transactions are made otherwise than at an office or retail store in this State, a brief description of the manner in which they are made;  (h) address of designated agent upon whom service of process may be made in this State (Section 37-1-203); and  (2) If information in a notification becomes inaccurate after filing, no further notification is required until the following January thirty-first.  HISTORY: 1985 Act No. 121, Section 19.
SC Code § 37-6-301 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-301. Council of Advisors on Consumer Credit.

 (1) There is hereby created the Council of Advisors on Consumer Credit consisting of sixteen members, who shall be appointed by the Governor. One of the advisors shall be designated by the Governor as chairman. In appointing members of the council, the Governor shall seek to achieve a fair representation from the various segments of the consumer credit industry and the public.  (2) The term of office of each member of the council is four years. Of those members first appointed, four shall be appointed for a term of one year, four for a term of two years, four for a term of three years, and four for a term of four years. A member chosen to fill a vacancy arising otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. A member of the council is eligible for reappointment.  (3) Members of the council shall serve without compensation but are entitled to reimbursement of expenses incurred in the performance of their duties.  HISTORY: 1962 Code Section 8-800.411; 1974 (58) 2879.
SC Code § 37-6-302 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-302. Function of council; conflict of interest.

 The council shall advise and consult with the administrator concerning the exercise of his powers under this title and may make recommendations to him. Members of the council may assist the administrator in obtaining compliance with this title. Since it is an objective of this part to obtain competent representatives of creditors and the public to serve on the council and to assist and cooperate with the administrator in achieving the objectives of this title, service on the council shall not in itself constitute a conflict of interest regardless of the occupations or associations of the members.  HISTORY: 1962 Code Section 8-800.412; 1974 (58) 2879.
SC Code § 37-6-303 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-303. Meetings.

 The council and the administrator shall meet together at a time and place designated by the chairman at least twice each year. The council may hold additional meetings when called by the chairman.  HISTORY: 1962 Code Section 8-800.413; 1974 (58) 2879.
SC Code § 37-6-401 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-401. Applicability and scope; conflict with Administrative Procedures Act.

 This part applies to the administrator, prescribes the procedures to be observed by him in exercising his powers under this title, and supplements the provisions of the part on Powers and Functions of Administrator (Part 1) of this chapter and of the part on Supervised Loans (Part 5) of the Chapter on Loans (Chapter 3). A conflict between the provisions of this part and the Administrative Procedures Act pursuant to Chapter 23, Title 1 or the rules governing practice before the Administrative Law Court must be resolved in favor of the Administrative Procedures Act and the rules governing practice before the Administrative Law Court.  HISTORY: 1962 Code Section 8-800.421; 1974 (58) 2879; 1976 Act No. 686 Section 49; 2005 Act No. 128, Section 6, eff July 1, 2005.  Editor's Note  2005 Act No. 128, Section 27, provides as follows:  "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
SC Code § 37-6-402 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-402. "Contested case"; "license"; "licensing"; "party"; "rule" defined.

 In this part:  (1) "Contested case" means a proceeding including, but not restricted to, a proceeding initiated pursuant to the provisions on administrative enforcement orders as provided in Section 37-6-108(A) and licensing matters in which the legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for hearing.  (2) "License" means a license authorizing a person to make supervised loans pursuant to the provisions on authority to make supervised loans (Section 37-3-502) and restricted loans pursuant to Chapter 29, Title 34 (the South Carolina Consumer Finance Act).  (3) "Licensing" includes the Board of Bank Control's process respecting the grant, denial, revocation, suspension, annulment, withdrawal, or amendment of a license.  (4) "Party" means the administrator and each person named or admitted as a party, or who is aggrieved by action taken and seeks to be admitted as a party.  (5) "Rule" means each rule authorized by this title that applies generally and implements, interprets or prescribes law or policy, or each statement by the administrator that applies generally and describes the administrator's procedure or practice requirements or the organization of his office. The term includes the amendment or repeal of a prior rule but does not include:  (a) statements concerning only the internal management of the administrator's office and not affecting private rights or procedures available to the public;  (b) declaratory rulings issued pursuant to the provisions of declaratory rulings by administrator (Section 37-6-409);  (c) intraoffice memoranda.  HISTORY: 1962 Code Section 8-800.422; 1974 (58) 2879; 1976 Act No. 680 Sections 50-52; 2005 Act No. 128, Section 21, eff July 1, 2005.  Editor's Note  2005 Act No. 128, Section 27, provides as follows:  "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
SC Code § 37-6-403 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-403. Public information; adoption of rules; availability of rules and orders.

 (1) In addition to other rule-making requirements imposed by law, the administrator shall:  (a) adopt as a rule a description of the organization of his office, stating the general course and method of the operations of his office and the methods whereby the public may obtain information or make submissions or requests;  (b) adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the administrator or his office;  (c) make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the administrator in the discharge of his functions;  (d) make available for public inspection all final orders, decisions and opinions.  (2) No rule, order, or decision of the administrator is valid or effective against any person or party, nor may it be invoked by the administrator for any purpose, until it has been made available for public inspection as herein required. This provision is not applicable in favor of any person or party who has actual knowledge thereof.  HISTORY: 1962 Code Section 8-800.423; 1974 (58) 2879.
SC Code § 37-6-404 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-404. Procedure for adoption of rules.

 (1) Prior to the adoption, amendment, or repeal of any rule, the administrator shall:  (a) give at least twenty days' notice of his intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and the time when, the place where, and the manner in which interested persons may present their views therein. The notice shall be mailed to all persons who have made timely request of the administrator for advance notice of his rule-making proceedings and shall be published in a newspaper of general circulation in the State;  (b) afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In case of substantive rules, opportunity for oral hearing must be granted if requested by twenty-five persons, by a governmental subdivision or agency, or by an association having not less than twenty-five members. The administrator shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule the administrator, if requested to do so by an interested person either prior to adoption or within thirty days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein his reasons for overruling the considerations urged against its adoption.  (2) No rule is valid unless adopted in substantial compliance with this section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this section must be commenced within two years from the effective date of the rule.  HISTORY: 1962 Code Section 8-800.424; 1974 (58) 2879.
SC Code § 37-6-405 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-405. Filing and taking effect of rules.

 (1) The administrator shall file in the office of the Secretary of State a certified copy of each rule adopted by him. The Secretary of State shall keep a permanent register of the rules open to public inspection.  (2) Each rule hereafter adopted is effective twenty days after filing, except that, if a later date is specified in the rule, the later date is the effective date.  HISTORY: 1962 Code Section 8-800.425; 1974 (58) 2879.
SC Code § 37-6-406 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-406. Publication of rules.

 (1) The Secretary of State shall compile, index, and publish all effective rules adopted by the administrator. Compilations shall be supplemented or revised as often as necessary.  (2) Compilations shall be made available upon request to agencies and officials of this State free of charge and to other persons at prices fixed by the Secretary of State to cover mailing and publication costs.  HISTORY: 1962 Code Section 8-800.426; 1974 (58) 2879.
SC Code § 37-6-407 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-407. Petition for adoption of rules.

 An interested person may petition the administrator requesting the promulgation, amendment, or repeal of a rule. The administrator shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within thirty days after submission of a petition, the administrator either shall deny the petition in writing, stating his reasons for the denials, or shall initiate rule-making proceedings in accordance with the provisions on procedure for adoption of rules (Section 37-6-404).  HISTORY: 1962 Code Section 8-800.427; 1974 (58) 2879.
SC Code § 37-6-408 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-408. Declaratory judgment on validity or applicability of rules.

 The validity or applicability of a rule may be determined in an action for declaratory judgment in the court of common pleas for Richland County if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The administrator shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the administrator to pass upon the validity or applicability of the rule in question.  HISTORY: 1962 Code Section 8-800.428; 1974 (58) 2879.
SC Code § 37-6-409 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-409. Declaratory rulings by administrator.

 The administrator shall provide by rule for the filing and prompt disposition of petitions or declaratory rulings as to the applicability of any statutory provision or of any rule of the administrator. Rulings disposing of petitions have the same status as decisions or orders in contested cases.  HISTORY: 1962 Code Section 8-800.429; 1974 (58) 2879.
SC Code § 37-6-410 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-410. Contested cases; notice; hearing; records.

 (1) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.  (2) The notice shall include:  (a) a statement of the time, place, and nature of the hearing;  (b) a statement of the legal authority and jurisdiction under which the hearing is to be held;  (c) a reference to the particular provisions of the statutes and rules involved;  (d) a short and plain statement of the matters asserted. If the administrator or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.  (3) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.  (4) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.  (5) The record in a contested case shall include:  (a) all pleadings, motions, intermediate rulings;  (b) evidence received or considered;  (c) a statement of matters officially noticed;  (d) questions and offers of proof, objections, and rulings thereon;  (e) proposed findings and exceptions;  (f) any decision, opinion, or report by the officer presiding at the hearing;  (g) all staff memoranda or data submitted to the hearing officer or members of the office of the administrator in connection with their consideration of the case.  (6) Oral proceedings or any part thereof shall be transcribed on request of any party, but at his expense.  (7) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.  HISTORY: 1962 Code Section 8-800.430; 1974 (58) 2879.
SC Code § 37-6-411 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-411. Rules of evidence; official notice.

 In contested cases:  (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in nonjury civil cases in the court of common pleas of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The administrator shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;  (2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;  (3) A party may conduct cross-examinations required for a full and true disclosure of the facts;  (4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the administrator's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The administrator's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.  HISTORY: 1962 Code Section 8-800.431; 1974 (58) 2879.
SC Code § 37-6-412 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-412. Decisions and orders.

 A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with rules of the administrator, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. In every decision or order, regardless whether adverse or not, a copy of the decision or order shall be delivered or mailed by certified mail to each party and to the attorneys of record.  HISTORY: 1962 Code Section 8-800.432; 1974 (58) 2879.
SC Code § 37-6-413 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-413. Licenses.

 (1) When the grant or denial of a license is required to be preceded by notice and opportunity for hearing, the provisions of this part concerning contested cases apply.  (2) No revocation, suspension, annulment, or withdrawal of a license is lawful unless, prior to the institution of proceedings by the Board of Bank Control, it gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license.  HISTORY: 1976 Act No. 686 Section 53.
SC Code § 37-6-414 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-414. Contested case hearings before the Administrative Law Court.

 (A) A person who has exhausted all administrative remedies available before the administrator and who is aggrieved by the administrator's determination is entitled to a contested case hearing before the Administrative Law Court as provided in Section 1-23-600(D) and judicial review as provided in Sections 1-23-380(B) and 1-23-610. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate action or ruling of the Administrative Law Court is reviewable immediately if review of the final decision of the Administrative Law Court would not provide an adequate remedy.  (B) Contested case proceedings are instituted by filing a request for a contested case hearing with the Administrative Law Court according to the rules of procedure of the Administrative Law Court. Copies of the request for a contested case hearing must be served upon the administrator and all parties of record. The final decision of the administrative law judge may be appealed as provided for in Sections 1-23-380 and 1-23-610.  HISTORY: 1962 Code Section 8-800.434; 1974 (58) 2879; 2005 Act No. 128, Section 7, eff July 1, 2005.  Editor's Note  2005 Act No. 128, Section 27, provides as follows:  "This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
SC Code § 37-6-501 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-501. Department of Consumer Affairs; Commission on Consumer Affairs; administrator.

 There is hereby created:  (a) The Department of Consumer Affairs;  (b) The Commission on Consumer Affairs; and  (c) The Office of Administrator of Consumer Affairs.  HISTORY: 1962 Code Section 8-800.441; 1974 (58) 2879.
SC Code § 37-6-502 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-502. Members of Commission on Consumer Affairs; terms; vacancies.

 The Commission on Consumer Affairs shall be composed of nine members, one of whom shall be the Secretary of State as an ex officio member; four members shall be appointed by the Governor with advice and consent of the Senate and the remaining four members shall be elected by the General Assembly. Members of the Commission shall elect a Chairman. Terms of the members shall be four years unless otherwise stipulated in this section, and upon the expiration of the terms, the Governor shall appoint a member and the General Assembly shall elect one member respectively. With the exception of the ex officio member, any vacancy in the office of a member shall be filled by the Governor by appointment for the unexpired term. Members of the Commission shall be eligible for reappointment. No person associated with any businesses regulated by the Commission on Consumer Affairs shall be eligible to serve on the Commission as defined by Section 8-13-20 of the Code of Laws of South Carolina.  HISTORY: 1978 Act No. 644 Part II Section 31; 1979 Act No. 199, Part II Section 19; 1991 Act No. 248, Section 6.
SC Code § 37-6-503 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 6 - Administration|Section 37-6-503. Quorum; meetings.

 A majority of the members shall constitute a quorum. The Commission shall meet monthly on such date as it may designate and may meet at such other times as it may deem necessary, or when called by the chairman or by a majority of its members, and shall counsel and advise with the administrator on any and all phases of the operations and functions of the Department.  HISTORY: 1962 Code Section 8-800.443; 1974 (58) 2879.