reglab/housing_qa huggingface dataset:
SC Code § 37-11-35 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-35. Continuing care contract requirements.

 A continuing care contract must be in writing and must meet minimum standards for readability established by the department. Standards must include, but are not limited to, standards on general organization of text, text readability, type size, type style, type spacing, and general appearance of the contract.  A contract clearly must state what portion, if any, of the entrance fee is refundable and nonrefundable. A contract must include a statement that the resident has a right to cancel the contract within thirty days after signing. If the resident cancels within thirty days, all money or property paid or transferred by the resident must be refunded fully, less those costs incurred by the community. If the living unit was available for occupancy, the community may charge a daily rate based on the usual monthly charge for that unit beginning on the eighth day after signing and ending on the day notice of cancellation is given to the community.  HISTORY: 1989 Act No. 97, Section 1.
SC Code § 37-11-40 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-40. Determination of financial responsibility of applicant for license.

 Within sixty days of the receipt of a completed application for a license, the department shall determine whether the continuing care retirement community is financially responsible and can meet its obligations to residents. In making this determination, the department may consider, but is not limited to:  (1) the financial soundness of the arrangements for board, lodging, or medical, nursing, or health-related services and the schedule of charges used in connection with them;  (2) the adequacy of working capital;  (3) if the continuing care contract provides for services for the life of the person or for more than one year including mutually terminable contracts, a surety bond, financial reserves, letter of credit, or other financial arrangement to guarantee the performance of contractual obligations;  (4) an agreement with providers for the provision of health care or health-related services.  HISTORY: 1989 Act No. 97, Section 1; 1995 Act No. 19, Section 5.
SC Code § 37-11-50 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-50. Eligibility for license.

 The department shall issue a license to a person filing an application pursuant to Section 37-11-30 if, upon payment of the application fee, the department is satisfied that:  (1) the persons responsible for the conduct of the affairs of the applicant are competent and trustworthy and possess good reputations;  (2) the continuing care retirement community is financially responsible and can meet its obligations to residents;  (3) the operator has demonstrated the willingness and potential ability to assure that the health care or health-related services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner assuring availability, accessibility, and continuity of service;  (4) the operator has complied with all requirements of the Department of Health and Environmental Control concerning the furnishing of nursing, medical, or other health-related services.  HISTORY: 1989 Act No. 97, Section 1.
SC Code § 37-11-60 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-60. Disclosure requirements; retirement community complaint system.

 At the time of, or before, the execution of a contract to provide continuing care, or the transfer of money or other property to an operator by or on behalf of a prospective resident, whichever occurs first, the operator shall deliver a current disclosure statement to the person with whom the contract is to be entered into, the text of which must contain at least the information required by the department. The department may require a disclosure of all or part of the information submitted pursuant to Section 37-11-30(B) or a summary of the information.  Every continuing care retirement community shall establish and maintain a complaint system which is approved by the department to provide reasonable procedures for the resolution of written complaints initiated by residents. A complaint system established pursuant to other governmental requirements satisfies the requirements of this section if all residents are aware of and may use the system. A copy of all written complaints handled through this system and the average time taken to resolve a complaint must accompany an application to renew a license.  HISTORY: 1989 Act No. 97, Section 1.
SC Code § 37-11-70 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-70. Itemized billing requirements.

 A continuing care retirement community subject to the provisions of this chapter is required to furnish an item-by-item billing for all charges to the resident or the person paying the bill upon his request unless the items and charges are included in the continuing care contract. Items which remain unpaid are not required to be itemized again. A request for itemized billing remains in effect until further notification by the resident or person paying the bill.  HISTORY: 1989 Act No. 97, Section 1.
SC Code § 37-11-80 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-80. Regulations; examination of affairs of retirement community and health care providers; communities and providers to submit books and records.

 The department shall promulgate regulations in accordance with the Administrative Procedures Act as it considers necessary to carry out the purposes of this chapter.  The department may make an examination of the affairs of a continuing care retirement community and the health care and health-related services providers with whom the organization has contracts, agreements, or other arrangements as often as reasonably is necessary to ensure that the operator can meet his obligations to residents and otherwise meets the requirements of this chapter.  Continuing care retirement communities and health care providers examined pursuant to this section shall submit books and records needed to determine the continuing care retirement community's financial soundness. The department is responsible for the expenses of examinations under this section.  HISTORY: 1989 Act No. 97, Section 1.
SC Code § 37-11-95 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-95. Approval required prior to declaring or distributing dividend or similar distribution.

 (A) An operator shall obtain approval from the department before declaring or distributing a dividend or similar distribution which generates a retained deficit or increases an existing retained deficit.  (B) The department's approval required under subsection (A) must be given within thirty days from the date of the request unless the department determines in writing that the distribution is not reasonable in relation to the operator's or facility's outstanding liabilities or would otherwise affect the financial soundness of the operator or the facility.  HISTORY: 1995 Act No. 19, Section 1.
SC Code § 37-11-100 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-100. Disciplinary actions; sanctions; assessment of costs.

 (A) For the purposes of this section, "conviction" includes a plea of guilty or nolo contendere or a finding of guilt.  (B) The department may take disciplinary action against a licensee or an operator for violation of a provision of this chapter or a regulation promulgated pursuant to this chapter.  (C) Upon finding that a licensee, operator, or person who manages the community on a day-to-day basis has violated one or more provisions of this section, the department may:  (1) deny an application for a license;  (2) revoke, restrict, suspend, or refuse to renew a license;  (3) impose an administrative penalty in an amount not less than one thousand dollars for each violation, but not more than ten thousand dollars;  (4) issue a reprimand;  (5) issue a cease and desist order; or  (6) place the licensee, operator, or person who manages the community on a day-to-day basis on probation for a period and subject to conditions and restrictions that the department specifies.  (D) A disciplinary action, denial of an application for a new or renewal license, license revocation, or license suspension must occur subject to the Administrative Procedures Act, with notice to, and an opportunity for a hearing by, the affected applicant, licensee, or operator. A contested hearing pursuant to this section must be held before the Administrative Law Court.  (E) A licensee, operator, or person who manages the community on a day-to-day basis who is found to be engaged in unlawful conduct may be assessed the reasonable costs necessary to the investigation, disciplinary proceeding, court proceeding, or other action to enforce the provisions of this chapter.  HISTORY: 1989 Act No. 97, Section 1; 2005 Act No. 128, Section 20, eff July 1, 2005; 2008 Act No. 244, Section 1, eff May 27, 2008.  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 § 37-11-105 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-105. Financial plan in case of insolvency or danger of insolvency; penalty for failure to implement approved plan.

 (A) At any time when the department has reason to believe that the operator is insolvent, is in imminent danger of becoming insolvent, is in a financially unsound or unsafe condition, or that a continuing care retirement community's financial condition is such that it may otherwise be unable to fully perform its obligations pursuant to continuing care contracts, the department in addition to other remedies may require the operator to submit for approval within sixty days a financial plan detailing the method by which the operator proposes to overcome the deficiencies noted by the department. The department shall approve or disapprove the plan within thirty days of the receipt.  (B) If the plan is approved, the operator immediately shall implement the plan.  (C) If the plan is disapproved or if at any time after approval the department determines that the plan is not being fully implemented, the department may require the operator to obtain new or additional management capability to solve its difficulties. The department must give the reorganized management a reasonable period of time, as determined by the department, to develop a plan which, subject to the approval of the department, will reasonably assure that the operator will meet its responsibilities under the law. The deadlines for action described in this subsection may be extended upon mutual agreement of the operator and the department.  (D) Failure to implement the plan may result in suspension or revocation of a license.  HISTORY: 1995 Act No. 19, Section 2.
SC Code § 37-11-120 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-120. Injunctions; criminal penalties.

 The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a facility without obtaining a license as provided in this chapter. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, established, conducted, managed, or operated the facility or program without a license without asserting further or more particular facts concerning the charge.  A person violating the provisions of this chapter or regulations promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than one year for each offense. Each day the facility or program operates without a license is considered a separate offense.  HISTORY: 1989 Act No. 97, Section 1.
SC Code § 37-11-125 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-125. Enforcement actions.

 The department or the Attorney General may file an action in the Administrative Law Court or circuit court to enforce the provisions of this chapter.  HISTORY: 2008 Act No. 244, Section 2, eff May 27, 2008.
SC Code § 37-11-130 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-130. Waiver of certain requirements for certain retirement communities.

 The department may waive any of the requirements of Section 37-11-30(B) for a continuing care retirement community in operation as of the effective date of this chapter.  HISTORY: 1989 Act No. 97, Section 1.
SC Code § 37-11-135 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-135. Exemptions; letter of nonapplicability.

 A continuing care retirement community which does not require payment of an entrance fee is exempt from the requirements of this chapter. In order to qualify for this exemption, a facility must obtain a letter of nonapplicability from the department.  HISTORY: 1995 Act No. 19, Section 3; 2000 Act No. 400, Section 2; 2008 Act No. 244, Section 3, eff May 27, 2008.
SC Code § 37-11-137 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-137. Retention and use of funds.

 All funds collected by the department pursuant to this chapter must be retained and used to implement the provisions of this chapter.  HISTORY: 2008 Act No. 244, Section 4, eff May 27, 2008.
SC Code § 37-11-140 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 11 - Licensing And Regulation Of Continuing Care Retirement Communities|Section 37-11-140. Effective date of chapter; exceptions.

 (A) The provisions of Section 37-11-35 do not apply to a continuing care contract entered into before the effective date of this chapter.  (B) The provisions of subsection (A) do not limit the department's authority to deny, suspend, or revoke a license or assess a monetary penalty if it finds fraud or gross financial mismanagement.  HISTORY: 1989 Act No. 97, Section 1; 2008 Act No. 244, Section 5, eff May 27, 2008.
SC Code § 37-13-10 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles|Section 37-13-10. Definitions.

 As used in this chapter:  (1) "Buyer" means a purchaser of a motor vehicle under the terms of a retail installment contract. It includes a co-buyer on the retail installment contract.  (2) "Lease" means an agreement between a lessor and lessee where the lessee obtains the possession and use of a motor vehicle for the period of time, for the purposes, and for the consideration set forth in the agreement whether or not the agreement includes an option to purchase the motor vehicle. However, "lease" does not include a residential rental agreement of a manufactured home subject to Chapter 40, Title 27.  (3) "Lessor" means a person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease agreements or purchases motor vehicle lease agreements or a sales finance company that purchases motor vehicle lease agreements.  (4) "Lessee" means a person who obtains possession and use of a motor vehicle through a motor vehicle lease agreement.  (5) "Person" means an individual, a partnership, a corporation, an association, or other group however organized.  (6) "Security interest" means an interest in personal property that secures performance of an obligation.  (7) "Secured party" means a lender, a seller, or other person in whose favor there is a security interest including a person to whom accounts or retail installment sales contracts have been sold.  (8) "Sublease" means an agreement whether written or oral to transfer:  (a) to a third party possession of a motor vehicle which is and, while in that third party's possession, remains the subject of a security interest which secures performance of a retail installment contract or consumer loan;  (b) or assign to a third party any of the buyer's rights, interests, or obligations under the retail installment contract or consumer loan;  (c) to a third party possession of a motor vehicle which is and, while in the third party's possession, remains the subject of a motor vehicle lease agreement; or  (d) or assign to a third party any of the lessee's or buyer's rights, interests, or obligations under the motor vehicle lease agreement.  (9) "Sublease arranger" means a person who engages in the business of inducing by any means buyers and lessees to enter into subleases as sublessors and inducing third parties to enter into subleases or sublessees, however these contracts are called.  (10) "Third party" means a person other than the buyer or the lessee of the vehicle.  (11) "Transfer" means to transfer possession of a motor vehicle by sale, loan assumption, lease, sublease, or lease assignment.  HISTORY: 1991 Act No. 132, Section 1.
SC Code § 37-13-20 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles|Section 37-13-20. Unlawful acts.

 A sublease arranger commits an offense if the sublease arranger arranges a sublease of a motor vehicle and:  (1) first does not obtain written authorization for the sublease from the vehicle's secured party or lessor;  (2) accepts a fee without first having obtained written authorization for the sublease from the vehicle's secured party or lessor;  (3) accepts a fee in excess of the amount allowed by regulations promulgated pursuant to this chapter;  (4) does not disclose the location of the vehicle on the request of the vehicle's buyer, lessee, secured party, or lessor;  (5) does not provide to the third party new, accurate disclosures under the Consumer Protection Act, 15 U.S.C. Section 1601, et seq.;  (6) does not provide oral and written notice to the buyer or lessee that he is not released from liability;  (7) does not ensure that all rights under warranties and service contracts regarding the motor vehicle transfer to the third party unless a pro rata rebate for unexpired coverage is applied to reduce the third party's cost under the sublease;  (8) does not take reasonable steps to ensure that the third party is financially able to assume the payment obligations of the buyer or lessee according to the terms of the lease agreement, retail installment contract, or consumer loan; or  (9) violates a regulation promulgated by the South Carolina Department of Consumer Affairs pursuant to this chapter.  HISTORY: 1991 Act No. 132, Section 1.
SC Code § 37-13-30 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles|Section 37-13-30. Violation by other person not a defense to prosecution of sublease arranger; sublease arranger may not shift duties.

 It is not a defense to prosecution under Section 37-13-20 that the motor vehicle's buyer or lessee, secured party, or lessor has violated a contract creating a security interest or lease in the motor vehicle, nor may a sublease arranger shift to the lessee, buyer, or third party the arranger's duty under Section 37-13-20(1) or (2) to obtain prior written authorization for formation of sublease.  HISTORY: 1991 Act No. 132, Section 1.
SC Code § 37-13-40 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles|Section 37-13-40. Civil penalties for violation of chapter; remedies.

 A buyer, lessee, sublessee, secured party, or lessor injured or damaged by an act in violation of this chapter or regulations promulgated pursuant to it, whether or not there is a conviction for the violation, may file a civil action to recover damages based on the violation with the following available remedies:  (1) three times the amount of actual damages or fifteen hundred dollars, whichever is greater;  (2) equitable relief, including a temporary restraining order, a preliminary or permanent injunction, or restitution of money or property;  (3) reasonable attorney fees and costs and other relief the court considers just.  HISTORY: 1991 Act No. 132, Section 1.
SC Code § 37-13-50 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles|Section 37-13-50. Criminal penalties for violations of chapter.

 A person who violates this chapter or regulations promulgated pursuant to it is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.  HISTORY: 1991 Act No. 132, Section 1; 1993 Act No. 184 Section 208.
SC Code § 37-13-60 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles|Section 37-13-60. Promulgation of regulations by Department of Consumer Affairs.

 The Department of Consumer Affairs may promulgate regulations governing:  (1) the conduct of the business of sublease arranging;  (2) licensing requirements of sublease arrangers;  (3) forms for use by sublease arrangers;  (4) maximum fees and charges which may be charged by sublease arrangers;  (5) performance bond or other guaranty requirements from sublease arrangers;  (6) notification requirements to interested parties notifying them of a sublease under this chapter.  HISTORY: 1991 Act No. 132, Section 1.
SC Code § 37-13-70 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles|Section 37-13-70. Education of public and enforcement of chapter by Department of Consumer Affairs.

 Consistent with this chapter, the Department of Consumer Affairs may use all powers in Chapter 6 of this title to educate the public and enforce this chapter subject to the duties imposed on the department in Chapter 6.  HISTORY: 1991 Act No. 132, Section 1.
SC Code § 37-13-80 (2021)
2021 South Carolina Code of Laws|Title 37 - Consumer Protection Code|Chapter 13 - Regulation Of The Subleasing And Loan Assumption Of Motor Vehicles|Section 37-13-80. Promulgation of regulations as to licensing requirements; licensing fee.

 If the Department of Consumer Affairs promulgates regulations on licensing requirements under this chapter, it may require payment of a licensing fee from each applicant for each location not to exceed two hundred fifty dollars a year.  HISTORY: 1991 Act No. 132, Section 1.