reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-110. Injunctions against violations of title.

The administrator may bring a civil action to restrain any person from violating this title and for other appropriate relief including, but not limited to, the following: to prevent a person from using or employing practices prohibited by this title, to reform contracts to conform to this title, and to rescind contracts into which a person has induced a consumer to enter by conduct violating this title, even though a consumer is not a party to the action. An action under this section may be joined with an action under the provisions on civil actions by the administrator (Section 37-6-113).
HISTORY: 1962 Code Section 8-800.380; 1974 (58) 2879; 1976 Act No. 686 Section 46; 2016 Act No. 244 (H.5040), Section 11, eff June 5, 2016.
Effect of Amendment
2016 Act No. 244, Section 11, inserted commas following "relief including", "not limited to", and "to this title"; and substituted "person" for "creditor".
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.

(1) The administrator may bring a civil action to restrain a person to whom this title applies from engaging in a course of:
(a) making or enforcing unconscionable terms or provisions of consumer credit transactions;
(b) fraudulent or unconscionable conduct in inducing consumers to enter into consumer credit transactions;
(c) conduct of any of the types specified in item (a) or (b) with respect to transactions that give rise to or that lead persons to believe will give rise to consumer credit transactions; or
(d) fraudulent or unconscionable conduct in the collection of debts arising from consumer credit transactions.
(2) In an action brought pursuant to this section the court may grant relief only if it finds:
(a) that the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct;
(b) that the respondent's agreements have caused or are likely to cause or the conduct of the respondent has caused or is likely to cause injury to consumers or debtors; and
(c) that the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are credit transactions.
(3) In applying subsection (1)(a), (b), and (c), consideration shall be given to each of the factors specified in the provisions on unconscionability with respect to a transaction that is, gives rise to, or that a person leads the debtor to believe will give rise to, a consumer credit transaction (subsection (2) of Section 37-5-108), among others.
(4) In an action brought pursuant to this section, a charge or practice expressly permitted by law is not in itself unconscionable.
HISTORY: 1962 Code Section 8-800.381; 1974 (58) 2879; 1976 Act No. 686 Section 47; 2001 Act No. 82, Section 3, eff July 20, 2001.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-112. Temporary relief.

With respect to an action brought to enjoin violations of the title (Section 37-6-110) or unconscionable agreements or fraudulent or unconscionable conduct (Section 37-6-111), the administrator may apply to the court for appropriate temporary relief against a respondent, pending final determination of proceedings. If the court finds after a hearing held upon notice to the respondent that there is reasonable cause to believe that the respondent is engaging in or is likely to engage in conduct sought to be restrained, it may grant any temporary relief or restraining order it deems appropriate.
HISTORY: 1962 Code Section 8-800.382; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-115. Remedies not affected.

The grant of powers to the administrator in this chapter does not affect remedies available to consumers under this title or under other principles of law or equity.
HISTORY: 1962 Code Section 8-800.385; 1974 (58) 2879; 2016 Act No. 244 (H.5040), Section 13, eff June 5, 2016.
Effect of Amendment
2016 Act No. 244, Section 13, substituted "consumers" for "debtors".
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-116. Venue.

The administrator may bring actions or proceedings in a court in a county in which an act on which the action or proceeding is based occurred or in a county in which respondent resides or transacts business.
HISTORY: 1962 Code Section 8-800.386; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-119. Trade practices targeting vulnerable adults prohibited; penalties.

(A) For the purpose of this section:
(1) "Personal identifying information" has the same meaning as provided in Section 16-13-510(D).
(2) "Vulnerable adult" has the same meaning as provided in Section 43-35-10(11).
(B) A person shall not knowingly or wilfully solicit or obtain by deception, intimidation, undue influence, or false, misleading, or deceptive acts or practices:
(1) the money or property of a vulnerable adult; or
(2) the personal identifying information of a vulnerable adult for the purposes of committing financial identity fraud or identity fraud as defined in Section 16-13-510.
(C) A vulnerable adult, a person legally authorized, or the estate of an injured vulnerable adult may file a civil action to enforce the provisions of this section and may recover three times the amount of actual damages or three thousand dollars for each violation, whichever is greater, as well as reasonable attorney's fees and court costs. In addition, a person seeking damages pursuant to this section may pursue a civil action to enjoin and restrain future acts constituting a violation of this statute.
(D) For violations of this section, the administrator may issue an administrative order to cease and desist, to return property or money received in violation of this section, and to impose penalties of up to ten thousand dollars per violation. The administrator may bring a civil action seeking equitable relief. Penalties received shall be retained by the administrator for administration of this title.
(E) Upon conviction, a person violating this section is guilty of:
(1) a misdemeanor, if the total value of the money or property obtained or sought to be obtained is two thousand dollars or less. The person must be fined not less than one thousand dollars, or imprisoned for not more than thirty days, or both;
(2) a felony, if the total value of money or property obtained or sought to be obtained is more than two thousand dollars but less than ten thousand dollars. The person must be fined in the discretion of the court or imprisoned for not more than five years, or both; or
(3) a felony, if the total value of the money or property obtained or sought to be obtained is ten thousand dollars or more. The person must be fined in the discretion of the court or imprisoned for not more than ten years, or both.
(F) Violations of this section may be considered grounds for revocation, suspension, or nonrenewal of a professional license or registration issued by an agency of this State.
(G) A violation of this section is considered a violation of Section 39-5-20.
(H) The remedial provisions of this chapter are cumulative of and in addition to any action at law or equity taken by the administrator.
HISTORY: 2018 Act No. 162 (S.1041), Section 1, eff May 3, 2018.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-201. Applicability.

This part applies to a person engaged in this State in making consumer credit sales, consumer leases, consumer loans, or consumer rental-purchase agreements and to a person having an office or place of business in this State who takes assignments of and undertakes direct collection of payments from or enforcement of rights against debtors arising from these sales, leases, or loans.
HISTORY: 1962 Code Section 8-800.401; 1974 (58) 2879; 1985 Act No. 121, Section 18.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-202. Notification.

(1) Persons subject to this part shall 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 shall 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) address of all offices or retail stores, if any, in this State at which consumer credit sales, consumer leases, or consumer loans 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;
(e) if consumer credit sales, consumer leases, or consumer loans are made otherwise than at an office or retail store in this State, a brief description of the manner in which they are made;
(f) 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: 1962 Code Section 8-800.402; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-203. Fees.

A person required to file notification shall pay on or before January thirty-first of each year to the administrator an annual fee of one hundred twenty dollars for that year, for each address in this State listed in the notification. The fee for any one person must be not less than one hundred twenty dollars. A person who does not extend credit pursuant to written contracts and a person whose annual gross volume of business does not exceed one hundred fifty thousand dollars is exempt from any fee and from the notification requirements of Section 37-6-202. A person engaged in making consumer credit sales or consumer leases who is also engaged in making consumer rental-purchase agreements is only required to pay one one hundred twenty dollar fee for each location. The Department of Consumer Affairs shall retain thirty dollars of each fee to offset the cost of administration and enforcement of this chapter.
HISTORY: 1962 Code Section 8-800.403; 1974 (58) 2879; 1975 (59) 316; 1977 Act No. 219 Pt II Section 32; 1979 Act No. 80 Section 1; 1985 Act No. 121, Section 20; 1987 Act No. 56 Section 3; 1991 Act No. 142, Section 22; 2008 Act No. 353, Section 2, Pt 16D, eff July 1, 2009.
2023 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.
2023 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.
2023 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.
2023 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."
2023 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."
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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."
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-504. Bonds of Commission members.

Each member of the Commission other than ex officio shall, before entering upon the duties of his office, give bond to the State in the sum of twenty-five thousand dollars with a sufficient surety, to be approved by the State Treasurer, for the faithful performance of all duties required of him under the law during the term of his office. The premium of such bond shall be paid by the State.
HISTORY: 1962 Code Section 8-800.444; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-505. Compensation and expenses of Commission members.

Each member of the Commission other than ex officio shall receive such compensation and official expenses as provided by law for members of state boards and commissions.
HISTORY: 1962 Code Section 8-800.445; 1974 (58) 2879; 1984 Act No. 261, Section 6.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-506. Powers and duties of Commission.

(1) The Commission shall be the policymaking and governing authority of the Department of Consumer Affairs and shall appoint the administrator and be responsible for enforcement of this title.
(2) The Commission, through the administrator, shall see that the provisions of this title are faithfully administered and enforced and to that end it may adopt, amend and repeal rules and regulations, not inconsistent with law, to interpret and explain provisions of this title, carry out the purposes and policies of this title, to prevent circumvention or evasion thereof or to facilitate compliance therewith.
(3) No provision of this title or of any statute to which this title refers which imposes any penalty on any creditor shall apply to any act done, or omitted to be done, in conformity with any rule or regulation so adopted, amended or repealed or in conformity with any written order, opinion, interpretation or statement of the Commission or of the administrator, notwithstanding that such rule, regulation, order, opinion, interpretation or statement may, after such act or omission, be amended, or rescinded or be determined by judicial or other authority to be erroneous or invalid for any reason.
HISTORY: 1962 Code Section 8-800.446; 1974 (58) 2879; 1976 Act No. 686 Section 54.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-507. Qualifications of administrator.

The administrator shall be a person of good moral character, at least thirty years of age, a resident taxpayer of this State, and shall be thoroughly familiar with this title and the consumer transactions to which it pertains. The Commission may also require additional qualifications. The administrator, while serving as such, shall not directly or indirectly be financially interested in or associated with any other person subject to the jurisdiction of the Commission or the administrator thereof. The administrator shall serve at the pleasure of the Commission.
HISTORY: 1962 Code Section 8-800.447; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-508. Deputy administrator.

The administrator, with the approval of the commission, may designate such deputies as he determines necessary to assist him in performing the duties he is required to perform under this title. Any deputy shall satisfy and meet the same qualifications, including bond, required for the administrator.
HISTORY: 1962 Code Section 8-800.448; 1974 (58) 2879; 1990 Act No. 456, Section 2.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-509. Oath and bond of administrator.

The administrator shall take the oath of office prescribed for all State officers. Before entering upon 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, and such bond shall 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 shall be paid by the State.
HISTORY: 1962 Code Section 8-800.449; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-510. Personnel.

The administrator shall prepare in writing a manual of necessary employee positions for the Department, including job classifications, personnel qualifications, duties, maximum and minimum salary schedules, and other personnel information for approval by the Commission before appointing any personnel. The deputy administrator and other employees of the Department shall serve at the pleasure of the administrator.
HISTORY: 1962 Code Section 8-800.450; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-511. Department to maintain file for each creditor of rate schedules filed by creditor; certified copies; fees.

The Department of Consumer Affairs shall maintain a file for each creditor containing the original and all revised rate schedules filed by the creditor. A certified copy of each filing showing the date and time that it was received shall be sent to the creditor making the filing at the time of its receipt. A fee of ten dollars for each rate schedule filed by a creditor shall be payable to the Department of Consumer Affairs for its services in maintaining the rate schedule files and providing one certified copy of each rate filing to the creditor. Provided, that each creditor shall be required to pay a minimum annual fee of ten dollars. Additional certified copies of a filing shall be provided at a charge of four dollars per copy.
HISTORY: 1982 Act No. 466 Part II Section 21; 1983 Act No. 151 Part II Section 16.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-512. Advisory committee of persons with cognizable handicaps.

The Administrator of the Department of Consumer Affairs acting as the Consumer Advocate may appoint an advisory committee of persons with cognizable handicaps to provide advice to the Consumer Advocate in regard to protecting the rights of consumers with these types of handicaps with particular attention to the manner in which consumers with these handicaps interact with those entities regulated by the Public Service Commission. Nothing herein shall require the Consumer Advocate to take a position or undertake an action that is contrary to his general duty to protect and represent the interests of the general public and consumers.
HISTORY: 2000 Act No. 328, Section 3.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-601. Division of Consumer Advocacy created.

There is created within the Department of Consumer Affairs the Division of Consumer Advocacy with duties and organizations as provided in this chapter.
HISTORY: 1978 Act No. 644, Part II, Section 31; 2004 Act No. 175, Section 3, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-602. Consumer Advocate; qualifications.

The Consumer Advocate may be the Administrator of Consumer Affairs or he may be appointed by the administrator with the approval of the Commission on Consumer Affairs. The Consumer Advocate must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience.
HISTORY: 1978 Act No. 644, Part II, Section 31; 1981 Act No. 178, Part II, Section 23; 2004 Act No. 175, Section 3, eff February 18, 2004; 2018 Act No. 258 (H.4375), Section 5, eff June 28, 2018.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
Effect of Amendment
2018 Act No. 258, Section 5, in the second sentence, substituted "eight years' practice experience" for "three years' practice experience" following "this State with a minimum of".
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-603. Staff and expenses.

The Division of Consumer Advocacy must be staffed and equipped to perform the functions prescribed in Section 37-6-604. The expenses of the office must be paid from appropriations provided annually in the state General Appropriations Act.
HISTORY: 1978 Act No. 644, Part II, Section 31; 2004 Act No. 175, Section 3, eff February 18, 2004.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-604. Functions and duties of division.

(A) The functions and duties of the Division of Consumer Advocacy are:
(1) to provide legal representation of the consumer interest before the state and federal regulatory agencies which undertake to fix rates or prices for consumer products or services or to enact regulations or establish policies related thereto and to provide legal representation of the consumer interest concerning insurance matters, certificates of need for health facilities and services as required for an activity under Section 44-7-160, and other health-related provisions;
(2) to monitor existing regulations, rate structures, and policies of that agency of special interest to consumers and report to the public through the news media proposed changes therein under consideration and the effect of those changes on the lives of the citizens of the State; and
(3) to evaluate and act upon requests from consumers concerning the matters set forth in items (1) and (2), except that any proceedings initiated by the Consumer Advocate must be brought on behalf of the public at large and not for individuals; initiation or continuation of any proceedings is in the sole discretion of the Consumer Advocate.
(B) The annual report required of the Commission on Consumer Affairs must include a report on the activities of the Division of Consumer Advocacy.
(C) The Consumer Advocate shall be provided notice of any matter filed at the Public Service Commission that could impact consumers' utility rates, and may intervene as a party to advocate for the interest of consumers before the Public Service Commission and appellate courts in such matters as the Consumer Advocate deems necessary and appropriate.
HISTORY: 1978 Act No. 644, Part II, Section 31; 1989 Act No. 148, Section 15; 1992 Act No. 511, Section 19; 2004 Act No. 175, Section 3, eff January 1, 2005; 2018 Act No. 258 (H.4375), Section 6, eff June 28, 2018.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
Effect of Amendment
2018 Act No. 258, Section 6, rewrote (C).
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 6 - Administration › Section 37-6-605. Access to records of state agencies and insurance companies.

In the performance of his assigned functions, the Consumer Advocate shall have reasonable access to records of all state agencies which are not classified by law as confidential, and all state agencies must cooperate with the Consumer Advocate in the performance of his duties. In addition, the Consumer Advocate must have reasonable access to confidential records and information if he enters a proprietary agreement to ensure their confidentiality. The South Carolina Department of Insurance and Consumer Advocate also shall have access to records, information, and data of the insurance companies as well as all of their sister affiliates, subsidiaries, and parent companies. During the course of a ratemaking or other proceeding initiated before the South Carolina Department of Insurance, the Consumer Advocate, as a party of record, may request in writing, in addition to all other methods of discovery as provided by law, the issuance of an order compelling a witness or company to either produce or allow inspection of documentary evidence relevant to the matter. If an order is not issued, the aggrieved party may appeal. The written request, in addition to showing a general relevance and reasonable scope of the evidence sought, must also specify with particularity the books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved thereby. In lieu of a written request, the request for such an order may be made orally upon the record at the hearing, for good cause shown. Any objections to the issuance of the order must be filed within three days of being notified of the written request or the order. Any objections so filed must list the specific grounds for objection. Objections must be ruled on within ten days or the objection is denied.
HISTORY: 1978 Act No. 644, Part II, Section 31; 1983 Act No. 138 Section 17; 1989 Act No. 148, Section 16; 1993 Act No. 181, Section 527; 2004 Act No. 175, Section 3, eff January 1, 2005.