reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 23 - High-cost And Consumer Home Loans › Section 37-23-30. High-cost home loan agreements.

A high-cost home loan agreement may not contain:
(1) a call provision that permits the lender, in its sole discretion, to accelerate the indebtedness. This item does not apply when repayment of the loan is accelerated by default, or pursuant to a due-on-sale provision, or some other provision of the loan documents unrelated to the payment schedule;
(2) a balloon payment provision that contains a scheduled payment more than twice as large as the average of earlier scheduled payments. This provision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower;
(3) a negative amortization provision with a periodic payment schedule that causes the principal balance to increase;
(4) a provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, so long as the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness;
(5) terms under which more than two periodic payments required pursuant to the loan are consolidated and paid in advance from the loan proceeds provided to the borrower;
(6) charges to a borrower for fees to modify, renew, extend, or amend a high-cost home loan or to defer a payment due pursuant to the terms of a high-cost home loan; or
(7) contain as a part of the loan agreement a choice of law provision identifying a state other than South Carolina, unless otherwise allowed under federal law.
HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 23 - High-cost And Consumer Home Loans › Section 37-23-45. Disclosure; form.

(A) At the time the borrower receives the good faith estimate under the Real Estate Settlement and Procedures Act (RESPA) and before the scheduled closing of a high-cost home loan, the broker or mortgage broker of a loan must disclose in writing the amount being earned on the loan. The Department of Consumer Affairs shall provide a disclosure form to include the following:
(1) the dollar amount of the yield spread premium and the percentage of the yield spread premium in relation to the loan amount. For purposes of this item, "yield spread premium" is the amount paid to the broker by the lender based on the difference between the interest rate at which the broker originates the loan and the par, or market rate offered by a lender;
(2) an itemization of dollar amounts for points, fees, and commissions with a combined total given. A percentage of the combined total should be specified in relation to the loan amount;
(3) a dollar amount total of items 37-23-45(A)(1) and (2) and a percentage of the total specified in relation to the total amount of the loan; and
(4) for a loan that is an ARM as defined in Section 37-23-20(17), a listing of the schedule when the loan may be reset, for each and every reset, and a listing of the monthly payment that is owed for each change that is allowed by the terms of the contract. If the consumer escrows the insurance and taxes with each monthly payment, it must be reflected in the payment listed.
(B) The form must include a signature line for the borrower to acknowledge that he has received the disclosures, the disclosures have been explained to him, he understands them, and he voluntarily enters into the loan transaction.
HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date; 2009 Act No. 67, Section 4.G, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 23 - High-cost And Consumer Home Loans › Section 37-23-60. Bona fide error; restitution.

A lender of a high-cost home loan who acts in good faith but through a bona fide unintentional error, notwithstanding the maintenance of procedures reasonably adapted to avoid errors, fails to comply with this article must make restitution to the borrower. Within forty-five days after the discovery of the compliance failure or receipt of written notice of the compliance failure, the lender must notify the borrower and make the necessary adjustments to the loan to make the high-cost home loan satisfy the requirements of Sections 37-23-30, 37-23-40, and 37-23-45. If the harm to the borrower cannot be remedied by compliance with the high-cost loan requirement of Sections 37-23-30, 37-23-40, and 37-23-45, the lender must change the terms of the loan in a manner beneficial to the borrower so that the loan is no longer considered a high-cost home loan subject to the provisions of this article. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a person's obligations pursuant to this article is not a bona fide error.
HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 23 - High-cost And Consumer Home Loans › Section 37-23-75. Disclosure; form.

(A) At the time the borrower receives the loan estimate under the Real Estate Settlement and Procedures Act (RESPA), the Truth In Lending Act (TILA), and regulations adopted pursuant to both acts including, but not limited to, the TILA-RESPA Integrated Disclosure Rule, and before the scheduled closing of a consumer home loan, the broker or mortgage broker of a loan must disclose in writing the amount being earned on the loan. The Department of Consumer Affairs shall provide a disclosure form to include the following:
(1) the dollar amount of the yield spread premium and the percentage of the yield spread premium in relation to the loan amount. For purposes of this item, "yield spread premium" is the amount paid to the broker by the lender based on the difference between the interest rate at which the broker originates the loan and the par, or market rate offered by a lender;
(2) an itemization of dollar amounts for points, fees, and commissions with a combined total given. A percentage of the combined total should be specified in relation to the loan amount;
(3) a dollar amount total of items (1) and (2) and a percentage of the total specified in relation to the total amount of the loan; and
(4) for a loan that is an ARM as defined in Section 37-23-20(17), a listing of the schedule when the loan may be reset, for each and every reset, and a listing of the monthly payment that is owed for each change that is allowed by the terms of the contract. If the consumer escrows the insurance and taxes with each monthly payment, it must be reflected in the payment listed.
(B) The form must include a signature line for the borrower to acknowledge that he has received the disclosures, the disclosures have been explained to him, he understands them, and he voluntarily enters into the loan transaction.
HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date; 2009 Act No. 67, Section 4.H, eff January 1, 2010; 2017 Act No. 93 (S.366), Section 9, eff September 16, 2017.
Effect of Amendment
2017 Act No. 93, Section 9, in (A), substituted "loan estimate" for "good faith estimate" and inserted ", the Truth In Lending Act (TILA), and regulations adopted pursuant to both acts including, but not limited to, the TILA-RESPA Integrated Disclosure Rule"; and in (A)(2), deleted "37-23-75(A)" preceding "(1) and (2)".
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 23 - High-cost And Consumer Home Loans › Section 37-23-80. Prepayment.

The debtor may prepay in full at any time without penalty the debt represented by a personal, family, or household purpose loan agreement that is secured in whole or in part by a first or junior lien on real estate if the aggregate of all sums advanced or contemplated by the parties in good faith to be advanced does not exceed one hundred fifty thousand dollars.
HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 23 - High-cost And Consumer Home Loans › Section 37-23-85. Compliance failure.

A lender of a consumer home loan who acts in good faith but fails to comply with this article does not violate this article if the lender establishes that either:
(1) within forty-five days of the loan closing and before the institution of an action pursuant to this article, the lender notifies the borrower of the compliance failure, makes appropriate restitution, and makes necessary adjustments to the loan to make the consumer home loan satisfy the requirements of Section 37-23-70, 37-23-75, or 37-23-80; or
(2) the compliance failure was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid those errors, and within ninety days after the discovery of the compliance failure and before the institution of an action pursuant to this article or the receipt of written notice of the compliance failure, the lender notifies the borrower of the compliance failure, makes appropriate restitution, and makes necessary adjustments to the loan to make the consumer home loan satisfy the requirements of Sections 37-23-70, 37-23-75, and 37-23-80. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to a person's obligations pursuant to this article is not a bona fide error.
HISTORY: 2003 Act No. 42, Section 1, eff January 1, 2004, and applying to loans for which the loan applications were taken on or after that date.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses › Section 37-25-10. Definitions.

As used in this section:
(1) "Contact lens prescription" means a written order bearing the original signature of a licensed optometrist or ophthalmologist or an oral order issued directly to a dispenser by a licensed optometrist or ophthalmologist which authorizes dispensing ophthalmic contact lenses to a patient, including contact lenses with or without power sold for any purpose.
(2) "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, and other legal entity.
(3) "Department" means the South Carolina Department of Consumer Affairs.
HISTORY: 2005 Act No. 160, Section 1, eff June 14, 2005.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses › Section 37-25-20. Prescription required.

It is unlawful for a person to dispense an ophthalmic contact lens or lenses without first having obtained a valid, unexpired contact lens prescription from a licensed optometrist or ophthalmologist.
HISTORY: 2005 Act No. 160, Section 1, eff June 14, 2005.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses › Section 37-25-30. Prescription; contents.

A contact lens prescription must include:
(1) ophthalmic information necessary to fabricate or dispense the lenses accurately, including the lens manufacturer, lens series, and the lens material, if applicable;
(2) the diameter, axis, add power, cylinder, peripheral curve, optical zone, and center thickness, where applicable;
(3) power and base curve;
(4) name, license number, telephone number and, for written orders, the signature of the prescribing optometrist or ophthalmologist;
(5) patient's name and address, expiration date of the prescription, and number of refills or lenses permitted; and
(6) the date of issuance.
HISTORY: 2005 Act No. 160, Section 1, eff June 14, 2005.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses › Section 37-25-40. Prescription; time valid.

A prescription for a contact lens without power sold for any reason is valid for twelve months from the later of the date: (i) the prescription is authorized; or (ii) the last date of the contact lens evaluation by an optometrist licensed in accordance with Chapter 37, Title 40 or ophthalmologist licensed in accordance with Chapter 47, Title 40. A contact lens prescription may not be issued to expire beyond this twelve-month period and may be only issued to expire before the end of this twelve-month period if the expiration is ordered due to a health related reason noted in the patient's medical chart.
HISTORY: 2005 Act No. 160, Section 1, eff June 14, 2005.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses › Section 37-25-50. Contact lens fitting; when complete and prescription written.

A contact lens fitting is complete and a contact lens prescription may be written when customary professional standards have been followed including, at least:
(1) the licensed optometrist or ophthalmologist has completed all measurements, tests, and examinations necessary to satisfy his or her professional judgment that the patient is a viable candidate to wear contact lenses, which determination may require more than one visit between the patient and the optometrist or ophthalmologist; and
(2) contact lenses suitable for the patient's eyes have been evaluated and fitted by the licensed optometrist or ophthalmologist to the patient's eyes, and the optometrist or ophthalmologist is satisfied with the fitting based on the visual needs of the patient. An optometrist or an ophthalmologist may employ ophthalmic assistants or ancillary personnel to satisfy the customary professional standards in this section if those persons are under the direct supervision of the prescribing optometrist or ophthalmologist and the prescribing optometrist or ophthalmologist has direct on-site contact with the patient.
HISTORY: 2005 Act No. 160, Section 1, eff June 14, 2005.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses › Section 37-25-60. Release of prescription.

A contact lens prescription, written and signed by an optometrist licensed in accordance with Chapter 37, Title 40 or an ophthalmologist in accordance with Chapter 47, Title 40 must be released without additional charge, upon request of the patient, after the fitting is complete and upon payment in full for the examination and fitting.
HISTORY: 2005 Act No. 160, Section 1, eff June 14, 2005.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses › Section 37-25-70. Penalties; contested case hearing; order for enforcement.

(A) A person who offers to dispense or dispenses contact lenses in violation of this chapter, in addition to another penalty provided by law, is subject to a civil penalty imposed by the Department of Consumer Affairs in an amount not to exceed five thousand dollars for each violation.
(B) A person aggrieved by an order of the department may request a contested case hearing before the Administrative Law Court in accordance with the Administrative Law Court Rules of Procedure. The department may obtain an order from the Administrative Law Court for enforcement of the department's orders as provided in the Administrative Procedures Act and the Administrative Law Court Rules of Procedure. The proceeding for enforcement must be initiated by filing a petition with the Administrative Law Court in accordance with the Administrative Law Court Rules of Procedure. A copy of the request for a contested case hearing must be served upon all parties of record.
HISTORY: 2005 Act No. 160, Section 1, eff June 14, 2005; 2008 Act No. 281, Section 1, eff June 5, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 25 - Limitations On Dispensing Of An Ophthalmic Contact Lens Or Lenses › Section 37-25-80. Immunity.

A licensed optometrist or ophthalmologist who has prescribed contact lenses or who releases a contact lens prescription pursuant to this chapter is not liable for damages due to injury resulting from violation of this chapter unless the person offering to dispense or dispensing the contact lenses and the person that prescribed the contact lenses are the same person.
HISTORY: 2005 Act No. 160, Section 1, eff June 14, 2005.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 29 - Palmettopride › Section 37-29-100. PalmettoPride established; purpose.

There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31, Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement statewide and local programs for litter control.
HISTORY: 2008 Act No. 324, Section 1, eff June 16, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 29 - Palmettopride › Section 37-29-110. Board of directors; appointment of members; terms; vacancies.

PalmettoPride is governed by a board of directors composed of eleven members to be appointed as follows: five members of the public must be appointed by the Governor; three members must be appointed by the President of the Senate, to include one Senator and two members of the public; three members must be appointed by the Speaker of the House of Representatives, to include one member of the House of Representatives and two members of the public. The members of the board shall elect the chairman of the board from among the public members. The board members shall serve terms of four years. A vacancy that occurs on the board must be filled by appointment by the Governor, the President of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.
HISTORY: 2008 Act No. 324, Section 1, eff June 16, 2008; 2019 Act No. 1 (S.2), Section 51, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 51, in the first and fourth sentences, substituted "President of the Senate" for "President Pro Tempore of the Senate", and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 29 - Palmettopride › Section 37-29-120. Appointment of staff and Executive Coordinator; annual budget.

The chairman of the board is authorized to make all personnel decisions to include the hiring of any necessary staff for the operation of PalmettoPride, including an executive coordinator. The coordinator shall submit an annual budget for the operation of PalmettoPride to the board of directors. The board of directors shall approve, disapprove, amend, or modify the budget recommended by the executive coordinator.
HISTORY: 2008 Act No. 324, Section 1, eff June 16, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 29 - Palmettopride › Section 37-29-130. Acceptance of gifts; receipt and expenditure of public funds appropriated.

PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and also may receive and expend public funds appropriated to it or authorized by the General Assembly. Receipt of funds allocated to PalmettoPride shall flow through the Department of Parks, Recreation and Tourism. Monies designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or used for a purpose other than PalmettoPride-Litter Control. Unexpended funds must be carried forward and used only for authorized purposes.
HISTORY: 2008 Act No. 324, Section 1, eff June 16, 2008.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 30 - Guaranteed Asset Protection › Section 37-30-100. Purpose of chapter.

(A) The purpose of this chapter is to provide a framework within which guaranteed asset protection (GAP) waivers are defined and may be offered within this State.
(B) This chapter does not apply to:
(1) an insurance policy offered by an insurer under Title 38; or
(2) a debt cancellation or debt suspension contract being offered by any national or state-chartered bank or federal or state-chartered credit union in compliance with 12 C.F.R. Part 37, or 12 C.F.R. Part 721, or any other federal law.
(C) GAP waivers governed under this chapter are not insurance and are exempt from the provisions of Title 38, as are persons administering, marketing, selling, or offering to sell GAP waivers to borrowers.
(D) GAP waivers only may be offered in conjunction with a loan that is unrelated to the purchase of a motor vehicle if:
(1) the consumer loan has an original repayment term of more than twelve months; and
(2) the principal loan amount is greater than four thousand dollars.
HISTORY: 2015 Act No. 31 (S.441), Section 2, eff June 1, 2015.
Editor's Note
2015 Act No. 31, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 30 - Guaranteed Asset Protection › Section 37-30-110. Definitions.

For purposes of this chapter:
(1) "Borrower" means a debtor, retail buyer, or lessee under a finance agreement.
(2) "Creditor" means a person, who in connection with the initial financing of the sale, or leasing, of a motor vehicle, is:
(a) a lender in a loan or credit transaction;
(b) a lessor in a lease transaction; or
(c) a dealer of motor vehicles that provides credit to a borrower, provided that the entity complies with the provisions of this chapter.
(3) "Finance agreement" means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.
(4) "Free-look period" means the period of time from the effective date of the GAP waiver until the date the borrower may cancel the contract without penalty, fees, or costs to the borrower. This period of time must be at least thirty days.
(5) "Guaranteed asset protection waiver" or "GAP waiver" means a contractual agreement in which a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement.
(6) "Insurer" means an insurance company licensed, registered, or otherwise authorized to do business under Title 38.
(7) "Manager" means a person, by any title, other than an insurer or creditor that performs administrative or operational functions with respect to GAP waivers.
(8) "Motor vehicle" means self-propelled or towed vehicles designed for personal use including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, snowmobiles, campers, boats, personal watercraft, and trailers for motorcycles, boats, campers, and personal watercraft.
(9) "Person" means an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.
HISTORY: 2015 Act No. 31 (S.441), Section 2, eff June 1, 2015.
Editor's Note
2015 Act No. 31, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 30 - Guaranteed Asset Protection › Section 37-30-130. Insurance policy insuring a GAP waiver.

(A) A contractual liability or other insurance policy insuring a GAP waiver must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waiver issued by the creditor and purchased or held by the borrower.
(B) Coverage under a contractual liability or other insurance policy insuring a GAP waiver also must cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement.
(C) Coverage under a contractual liability or other insurance policy insuring a GAP waiver must remain in effect unless canceled or terminated in compliance with applicable insurance laws of this State.
(D) The cancellation or termination of a contractual liability or other insurance policy must not reduce the insurer's responsibility for GAP waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer.
HISTORY: 2015 Act No. 31 (S.441), Section 2, eff June 1, 2015.
Editor's Note
2015 Act No. 31, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 30 - Guaranteed Asset Protection › Section 37-30-140. GAP waiver disclosures.

(A) A GAP waiver must include the following terms in clear, easily understandable language:
(1) the name and address of the initial creditor and the borrower at the time of sale and the identity of any manager if different from the creditor;
(2) the purchase price and the terms of the GAP waiver including, without limitation, the requirements for protection, conditions, or exclusions associated with the GAP waiver;
(3) the length of the free-look period and the procedure by which a borrower may exercise the borrower's rights during that period;
(4) the terms required by Section 37-30-150;
(5) the procedure the borrower must follow, if any, to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits;
(6) the methodology for calculating any refund of the unearned purchase price of the GAP waiver due in the event of cancellation of the GAP waiver or early termination of the finance agreement;
(7) a statement that the purchase of the GAP waiver is optional and the statement must be in all caps, underlined, or disclosed in another prominent manner and must be substantially similar to the following: "THIS GAP WAIVER IS NOT REQUIRED TO OBTAIN CREDIT, NOR TO OBTAIN CERTAIN TERMS OF CREDIT OR TO PURCHASE THE RELATED MOTOR VEHICLE. THIS GAP WAIVER WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST"; and
(8) a statement that the GAP waiver is not insurance and does not take the place of collision, comprehensive, or any other form of insurance on the motor vehicle.
(B) A GAP waiver that is included within the body of the finance agreement must provide the disclosures required by this section in a separate document that must be signed by the borrower before the purchase of a GAP waiver. A GAP waiver that is a separate addendum to the finance agreement may include these disclosures within the terms of the GAP waiver which also must be signed by the borrower.
HISTORY: 2015 Act No. 31 (S.441), Section 2, eff June 1, 2015.
Editor's Note
2015 Act No. 31, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 30 - Guaranteed Asset Protection › Section 37-30-150. Cancellation of GAP waiver.

(A)(1) A GAP waiver must include a term stating that if a borrower cancels the waiver within the free-look period, the borrower is entitled to a full refund if no benefits have been provided under the GAP waiver.
(2) A creditor may not charge a fee to a borrower related to the cancellation of a GAP waiver.
(B) A GAP waiver may be either cancellable or noncancellable after the free-look period. A GAP waiver must include:
(1) a statement of whether or not the GAP waiver is cancellable or noncancellable after the expiration of the free-look period; and
(2) if the waiver is cancellable, all of the following terms apply:
(a) a statement that in the event of a borrower's cancellation of the GAP waiver or early termination of the finance agreement, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver; and
(b) the procedures by which a borrower may cancel the waiver. This term must include a requirement that if the underlying finance agreement is terminated, cancellation must be made by providing a written request to the creditor, manager, or other party within ninety days of the event terminating the finance agreement.
(C) A cancellation refund under subsections (A) and (B) may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower shows that the finance agreement has been paid in full.
(D) If the purchase price of the GAP waiver is not financed, the creditor shall either provide a refund directly to the borrower or provide the borrower the option to either receive a refund of the unearned purchase price directly or to have the refund applied to reduce the amount owed under the borrower's finance agreement.
HISTORY: 2015 Act No. 31 (S.441), Section 2, eff June 1, 2015.
Editor's Note
2015 Act No. 31, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 30 - Guaranteed Asset Protection › Section 37-30-160. Enforcement of chapter.

Pursuant to Chapter 6, Title 37, the Administrator of the Department of Consumer Affairs may take action necessary to enforce the provisions of this chapter and to protect GAP waiver holders in this State.
HISTORY: 2015 Act No. 31 (S.441), Section 2, eff June 1, 2015.
Editor's Note
2015 Act No. 31, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 30 - Guaranteed Asset Protection › Section 37-30-175. Civil actions.

A consumer who suffers loss by reason of a violation of this chapter may bring a civil action to enforce the provisions, and if successful in the action, shall recover actual damages, reasonable attorney's fees, and court costs incurred by bringing the action.
HISTORY: 2015 Act No. 31 (S.441), Section 2, eff June 1, 2015.
Editor's Note
2015 Act No. 31, Section 3, provides as follows:
"SECTION 3. This act takes effect upon approval by the Governor and applies to all GAP waivers which become effective one hundred eighty days after the effective date."
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 1 - Title And Definitions › Section 38-1-10. Short title.

This title may be cited and is known as "The Insurance Law".
HISTORY: 1947 (45) 322; 1952 Code Section 37-1; 1962 Code Section 37-1; 1976 Code Section 38-1-10; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 528.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 1 - Title And Definitions › Section 38-1-30. "Commissioner", etc., means "Director".

Wherever in any other chapter of Title 38 the term "Chief Insurance Commissioner" or "Commissioner" appears or is used, it shall be deemed to mean the Director of the Department of Insurance or his designee.
HISTORY: 1993 Act No. 181, Section 530.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 2 - Penalties › Section 38-2-10. Administrative penalties.

(A) Unless otherwise specifically provided by law, the following administrative penalties apply for each violation of the insurance laws of this State or federal insurance laws subject to enforcement by the Department of Insurance:
(1) If the violator is an insurer, pharmacy benefits manager, or a health maintenance organization licensed in this State, the director or his designee shall fine the violator in an amount not to exceed fifteen thousand dollars, suspend or revoke the violator's authority to do business in this State, or both. If the violation is wilful, the director or his designee shall fine the violator in an amount not to exceed thirty thousand dollars, suspend or revoke the violator's authority to do business in this State, or both.
(2) If the violator is a person, other than an insurer, pharmacy benefits manager, or a health maintenance organization, licensed by the director or his designee in this State, the director or his designee shall fine the person in an amount not to exceed two thousand five hundred dollars, suspend or revoke the license of the person, or both. If the violation is wilful, the director or his designee shall fine the person in an amount not to exceed five thousand dollars, suspend or revoke the license of the person, or both.
(B) The penalties in subsection (A) are in addition to any criminal penalties provided by law or any other remedies provided by law. The administrative proceedings in subsection (A) do not preclude civil or criminal proceedings from taking place before, during, or after the administrative proceeding.
HISTORY: 1988 Act No. 374, Section 1; 1993 Act No. 181, Section 531; 2018 Act No. 219 (H.4657), Section 1, eff May 18, 2018; 2019 Act No. 48 (S.359), Section 2, eff January 1, 2021.
Effect of Amendment
2018 Act No. 219, Section 1, inserted the (A) and (B) designators; in (A), inserted "or federal insurance laws subject to enforcement by the Department of Insurance" following "laws of this State", in (1), deleted "(a)" preceding "fine the violator" in two places and deleted "or (b)" preceding "suspend or revoke" in two places, and in (2), deleted "(a)" preceding "fine the person" in two places and deleted "or (b)" preceding "suspend or revoke" in two places; and in (B), substituted "subsection (A)" for "items (1) and (2)" in two places.
2019 Act No. 48, Section 2, in (A), in (1) and (2), in the first sentences, inserted ", pharmacy benefits manager,".
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 2 - Penalties › Section 38-2-20. Penalties for conviction of misdemeanor.

Any person convicted of a misdemeanor defined in this title must be punished by a fine of not more than two thousand five hundred dollars or by imprisonment for not more than two years, or both, unless another penalty is specifically provided by law.
HISTORY: 1988 Act No. 374, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 2 - Penalties › Section 38-2-30. Penalties for acting without license required by this title.

Any person who performs an act without a license required by this title is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for two years, or both.
HISTORY: 1988 Act No. 374, Section 1.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-10. Department of Insurance and Insurance Commission established.

There is established a separate and distinct department of this State, known as the Department of Insurance. The department must be managed and operated by a director appointed by the Governor upon the advice and consent of the Senate. The director is subject to removal by the Governor as provided in Section 1-3-240(B). The director shall be selected with special reference to his training, experience, technical knowledge of the insurance industry, and demonstrated administrative ability. The director may appoint or designate the person or persons who shall serve at the pleasure of the director to carry out the objectives or duties of the department as provided by law. Furthermore, the director may bestow upon his designee or deputy director any duty or function required of him by law in managing or supervising the Department of Insurance.
HISTORY: 1947 (45) 322; 1952 Code Section 37-51; 1960 (51) 1646; 1962 Code Section 37-51; 1976 Code Section 38-3-10; 1980 Act No. 488, Section 2; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-40. Compensation and expenses of Commission members.

The director or his designee shall receive annual compensation as may be provided by the General Assembly and official expenses as provided by law for executing the duties and functions of the department.
HISTORY: 1960 (51) 1646; 1962 Code Section 37-54; 1976 Code Section 38-3-40; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-60. Powers and duties of Commission and Director of the Department of Insurance.

The director or his designee must follow the general policies and broad objectives enacted by the General Assembly regarding the operation of the insurance industry in this State.
HISTORY: 1947 (45) 322; 1949 (46) 600; 1952 Code Section 37-58; 1960 (51) 1646; 1962 Code Section 37-56; 1976 Code Section 38-3-60; 1980 Act No. 488, Section 4; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-80. Seal.

The department shall have a seal with a suitable inscription, an impression of which must be filed with the Secretary of State.
HISTORY: Former 1976 Code Section 38-3-80 [1947 (45) 322; 1952 Code Section 37-52; 1960 (51) 1646; 1962 Code Section 37-58; 1973 (58) 623; 1980 Act No. 488, Section 6] recodified as Section 38-3-100 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-3-140 [1947 (45) 322; 1952 Code Section 37-57; 1960 (51) 1646; 1962 Code Section 37-64] recodified as Section 38-3-80 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-100. Director of the Department of Insurance; removal; status; term of employment, salary, and qualifications.

The director or his designee is not subject to the State Employee Grievance Committee or any internal grievance procedure established at the Insurance Department. The director or his designee shall devote all of his working time to the duties of his office. Before taking the oath of office he shall sever all connections, either direct or indirect, except as a policyholder, with any insurance company or agency and shall maintain the severance during his tenure of office. If he becomes a candidate for public office or becomes a member of a political committee during tenure, his office as director or his designee must be immediately vacated.
HISTORY: Former 1976 Code Section 38-3-100 [1947 (45) 322; 1952 Code Section 37-55; 1960 (51) 1646; 1962 Code Section 37-60] has no comparable provision in 1987 Act No. 155; Former 1976 Code Section 38-3-80 [1947 (45) 322; 1952 Code Section 37-52; 1960 (51) 1646; 1962 Code Section 37-58; 1973 (58) 623; 1980 Act No. 488, Section 6] recodified as Section 38-3-100 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-120. Oath and bond of director.

The director shall take the oath of office as prescribed for all state officers. Before entering upon or continuing the discharge of the duties of his office, he shall give bond to the State for the benefit of any person aggrieved by his unlawful or wrongful actions. This bond must be in the sum of fifty thousand dollars, with sufficient surety, to be approved by the State Treasurer, for the faithful performance of all the duties required of him under the law during the term of his office. The premium of the bond must be paid by the State.
HISTORY: Former 1976 Code Section 38-3-120 [1956 (49) 1742; 1960 (51) 1646; 1962 Code Section 37-62; 1972 (57) 2451] has no comparable provisions in 1987 Act No. 155; Former 1976 Code Section 38-3-90 [1947 (45) 322; 1952 Code Section 37-53; 1960 (51) 1646; 1962 Code Section 37-59] recodified as Section 38-3-120 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-130. Actuaries, examiners, clerks, and employees.

The director shall appoint or employ actuaries, examiners, clerks, and other employees necessary for the proper execution of the work of the department.
HISTORY: Former 1976 Code Section 38-3-130 [1956 (49) 1761; 1960 (51) 1646; 1962 Code Section 37-63] has no comparable provisions in 1987 Act No. 155; Former 1976 Code Section 38-3-110 [1947 (45) 322; 1952 Code Section 37-56; 1960 (51) 1646; 1962 Code Section 37-61] recodified as Section 38-3-130 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-140. Violations considered committed in part at office of director.

The failure to do any act required by this title is considered a violation committed in part at the office of the director in Columbia.
HISTORY: Former 1976 Code Section 38-3-140 [1947 (45) 322; 1952 Code Section 37-57; 1960 (51) 1646; 1962 Code Section 37-64] recodified as Section 38-3-80 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-1-90 [1979 Act No. 63] recodified as Section 38-3-140 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-150. Director, assistants, or agents may conduct examinations, investigations, and hearings.

All examinations or investigations provided by this title, unless otherwise provided by any other insurance laws of this State, may be conducted by the director or by one or more of his duly authorized assistants or agents. All hearings must be held by the director or by one of his duly authorized assistants or agents when authorized to do so in writing by the director. However, in any hearing concerning the adjustment of insurance rates the director or his designee may conduct the hearing.
HISTORY: 1947 (45) 322; 1952 Code Section 37-59; 1960 (51) 1562, 1646; 1962 Code Section 37-65; 1971 (57) 46; 1976 Code Section 38-3-150; 1981 Act No. 10, Section 1; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-160. Administration of oaths.

The director or his duly appointed assistants or agents shall administer all oaths required in the discharge of his official duties.
HISTORY: 1947 (45) 322; 1949 (46) 600; 1952 Code Section 37-58; 1960 (51) 1646; 1962 Code Section 37-66; 1976 Code Section 38-3-160; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-170. Notice of hearings.

All hearings, unless otherwise specifically provided, must be held at the time and place designated in a written notice given by the director or his designee to the person cited to appear at least thirty days before the designated date. The notice shall state the subject of the inquiry and specific charges, if any. It is sufficient to give notice either by delivering it to the person or by depositing it in the United States mail, postage prepaid, addressed to the last known address of the person and registered with return receipt requested.
HISTORY: 1947 (45) 322; 1952 Code Section 37-60; 1960 (51) 1646; 1962 Code Section 37-67; 1976 Code Section 38-3-170; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-180. Summoning witnesses; contempt; perjury.

The director or any assistants or agents appointed to conduct examinations may summon and compel the attendance of witnesses to testify in relation to any matter which is, by the provisions of this title or by any other insurance laws of this State, a subject of inquiry and investigation. The director or his designee has the power of a circuit judge to punish for contempt any witness failing to answer any summons or failing or refusing to testify when so required. The director or any assistants or agents appointed to conduct examinations may also administer oaths and affirmations to persons appearing as witnesses before them, and false testimony in any matter or proceeding is considered perjury and must be punished in accordance with the laws of this State.
HISTORY: 1947 (45) 322; 1952 Code Section 37-61; 1960 (51) 1646; 1962 Code Section 37-68; 1976 Code Section 38-3-180; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-190. Mileage payments for witnesses.

Any person summoned by the Insurance Department to testify as a witness at any hearing must be paid for his actual mileage at the same rate as provided by law for state departments or divisions.
HISTORY: 1962 Code Section 37-681; 1971 (57) 397; 1976 Code Section 38-3-190; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-200. Orders must be in writing and signed.

No order of the director or his designee is effective unless made in writing and signed by the director or by his authority.
HISTORY: 1947 (45) 322; 1952 Code Section 37-62; 1960 (51) 1646; 1962 Code Section 37-69; 1976 Code Section 38-3-200; 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 532.
2023 South Carolina Code of Laws › Title 38 - Insurance › Chapter 3 - The Department Of Insurance › Section 38-3-210. Petition for judicial review of order or decision; effect as stay.

Any order or decision made, issued, or executed by the director or his designee is subject to judicial review in accordance with the appellate procedures of the South Carolina Administrative Law Court, as provided by law. An appeal from an order or decision under this section must be heard in the Administrative Law Court, as provided by law. The administrative law judge or judges may not, under any terms, order a stay of enforcement of any order of the director or his designee to make good an impairment of capital or surplus or a deficiency in the amount of admitted assets.
HISTORY: Former 1976 Code Section 38-3-210 [1947 (45) 322, 1952 Code Section 37-63, 1960 (51) 1646, 1962 Code Section 37-70], Section 38-3-220 [1947 (45) 322, 1952 Code Section 37-64, 1960 (51) 1646, 1962 Code Section 37-71], Section 38-3-230 [1947 (45) 322, 1952 Code Section 37-65, 1960 (51) 1646, 1962 Code Section 37-72], Section 38-3-240 [1947 (45) 322, 1952 Code Section 37-66, 1960 (51) 1646, 1962 Code Section 37-73], and Section 38-3-250 [1947 (45) 322, 1952 Code Section 37-67, 1960 (51) 1646, 1962 Code Section 37-74], recodified as Section 38-3-210 by 1987 Act No. 155, Section 1; 1989 Act No. 27, Section 1; 1993 Act No. 181, Section 532.