reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-100. Cease and desist orders; revocation or suspension of certificate of authority.

(A) The department may file a request for a contested case hearing with the Administrative Law Court for an order requiring the club to cease and desist or an order revoking, suspending, or vacating the certificate of authority of a club, if the Administrative Law Court finds, after a hearing, that the club:
(1) has violated or failed to comply with any provisions of this chapter or regulations promulgated pursuant to the authority of this chapter;
(2) has obtained a certificate of authority through wilful misrepresentation or fraud;
(3) has engaged in fraudulent or deceptive practices;
(4) has wilfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of any service contract issued or to be issued by it or any other club;
(5) is unable to meet its obligations as determined by generally accepted accounting principles;
(6) has, after notice to the club of an alleged occurrence of any of items (1) through (5) of this section, refused without just cause to submit relevant information to the administrator with respect to the motor club services within this State.
(B) Instead of revocation, suspension, or refusal to continue a certificate of authority for a violation or violations of items (1) through (6) of subsection (A) of this section, the administrative law judge may assess an administrative penalty of not less than one hundred nor more than one thousand dollars for each violation. An accumulation of these penalties may not exceed five thousand dollars for matters commenced in any calendar year. These penalties may be assessed in connection with orders to cease and desist.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988; 1991 Act No. 142, Section 25, eff July 1, 1991; 2005 Act No. 128, Section 9, 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."
Effect of Amendment
The 1991 amendment designated the existing provisions of the section as subsection (1), and added subsection (2).
The 2005 amendment redesignated subsection (1) as subsection (A), paragraphs (1)(a) to (f) as paragraphs (A)(1) to (6), and subsection (2) as subsection (B); rewrote subsection (A) to refer to the Administrative Law Court; and made conforming amendments throughout.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-110. Requirements of service contracts.

No service contract may be issued or delivered in this State unless it contains:
(a) The exact corporation or other name of the club.
(b) The exact location of its home office or any business office to which inquiries may be made.
(c) The motor club services contracted for.
(d) The territory wherein motor club services contracted for are to be rendered.
(e) The duration of the service contract.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-120. Registration of club representatives; termination of representative's authority; fee.

(a) No individual may act as a club representative in this State without the club having registered the individual with the Administrator within thirty days of the date of designation as a club representative. Registration as a club representative must be made to the Administrator upon forms prescribed and furnished by him. The registration is permanent, subject to revocation or suspension as provided in this chapter.
(b) The club representative shall furnish information concerning his identity, business address, personal history, business experience, and other information that the Administrator considers pertinent and germane. A club representative:
(1) Must be at least eighteen years of age.
(2) Must be a trustworthy person of good repute.
(3) Shall have received training from the club or must have otherwise qualified by experience in the business of clubs rendering motor club services.
(c) Any willful misrepresentation of any information required to be disclosed in any registration is subject to the sanctions provided for in this chapter.
(d) Upon termination of any club representative's authority to act on behalf of the club, the club shall notify the Administrator in writing within thirty days of termination.
(e) The fee to be paid to the Administrator at the time registration is made and annually on or before April thirtieth for the renewal is twenty dollars.
HISTORY: 1987 Act No. 155, Section 6; 1987 Act No. 56, Section 4, eff April 28, 1987.
Effect of Amendment
The 1987 amendment, by Act No. 56, Section 4, raised the fee to twenty dollars.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-130. Sanctions for noncompliance by club representative; contested case hearing.

Upon satisfactory evidence that a club representative has violated or failed to comply with a provision of this chapter or regulation promulgated pursuant to the authority of this chapter, the administrator may issue an order requiring the club representative to cease and desist from engaging in the violation or may revoke or suspend the club representative's authority. A club representative aggrieved by an action of the administrator taken pursuant to this provision may file a request for a contested case hearing with the Administrative Law Court.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988; 2005 Act No. 128, Section 10, 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."
Effect of Amendment
The 2005 amendment added the second sentence relating to requests for contested case hearings.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-140. Restrictions on advertising.

No club may make reference to its certificate of authority or approval from the Administrator or the State in advertising, circular, contract, or a membership card nor may it advertise or describe its services in a manner which would lead the public to believe that it is an insurance company, association, or exchange.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-150. Services subject exclusively to this chapter.

The offering of motor club services is subject solely and exclusively to the provisions of this chapter and the offering of services by any authorized club is not considered transacting business as an insurance company, association, or exchange, except as otherwise provided herein.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-160. Authority of administrator.

The Administrator shall administer this chapter and may promulgate regulations, subject to Act 176 of 1977 (the Administrative Procedures Act) necessary to carry out its provisions.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
Editor's Note
The Administrative Procedure Act is codified as Sections 1-23-10 et seq.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-170. Violations; penalties.

Any person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than five hundred dollars or imprisonment for not more than three months, or both.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-180. Sale of insurance by club representatives; license requirements.

A club representative is not required to be a licensed insurance agent in connection with the sale of accidental injury and death benefits or other insurance covering a motor club service, which is issued in conjunction with and as a part of a motor club service contract but must be licensed to sell any other type of insurance.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-190. Incidental services.

Nothing contained in this chapter prohibits a club from offering services which augment or are incidental to any service offered by the club or any other services which are of assistance and are beneficial to members and are feasible for the club to render.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 61 - Motor Club Services Act › Section 39-61-200. Attorney's fees.

Any person who brings a civil suit for damages suffered because of any violation of any provision of this chapter, or any regulation promulgated by its authority, and who prevails in the suit, may be awarded reasonable attorney's fees.
HISTORY: 1987 Act No. 155, Section 6, eff January 1, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 63 - Textile Fiber Products › Section 39-63-10. Definitions.

As used in this chapter:
(1) "Fabric" means any material woven, knitted, felted, or otherwise produced from, or in combination with, any natural or manufactured fiber, yarn, or substitute.
(2) "Fiber" or "textile fiber" means a unit of matter which is capable of being spun into a yarn or made into a fabric by bonding or by interlacing in a variety of methods including weaving, knitting, braiding, felting, twisting, or webbing, and which is the basic structural element of textile products.
(3) "Household textile articles" means articles of wearing apparel, costumes and accessories, draperies, floor coverings, furnishings, beddings, and other textile goods of a type customarily used in a household.
(4) "Textile fiber product" means:
(a) any fiber, whether in the finished or unfinished state, used or intended for use in household textile articles;
(b) any yarn or fabric, whether in the finished or unfinished state, used or intended for use in household textile articles;
(c) any household textile article made in whole or in part of yarn or fabric.
(5) "Yarn" means a strand of textile fiber in a form suitable for weaving, knitting, braiding, felting, webbing, or otherwise fabricating into a fabric.
HISTORY: 1987 Act No. 110 Section 1, eff May 26, 1986.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 63 - Textile Fiber Products › Section 39-63-20. Identification in advertisements of textile products as made in United States or imported.

(A) A person who advertises a textile fiber product for sale in a printed advertisement distributed in this State which identifies the product by picture or description shall state in the advertisement in a clear and conspicuous manner whether the textile fiber product was processed or manufactured in the United States of America, imported, or both.
(B) This section does not apply to advertisements in interstate commerce regulated by the Textile Fiber Products Identification Act, 15 U.S.C., Sections 70 et seq.
HISTORY: 1987 Act No. 110 Section 1, eff May 26, 1987.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 65 - Payment Of Post-termination Claims To Sales Representatives › Section 39-65-10. Definitions.

As used in this chapter:
(1) "Commissions" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or as a specified amount of each order or sale.
(2) "Person" means an individual, corporation, partnership, association, estate, or trust.
(3) "Principal" means a person who:
(a) manufactures, produces, imports, or distributes a tangible product for wholesale;
(b) contracts with a sales representative to solicit orders for the product; and
(c) compensates the sales representative, in whole or in part, by commission.
(4) "Sales representative" means a person who:
(a) contracts with a principal to solicit wholesale orders;
(b) is compensated, in whole or in part, by commission;
(c) does not place orders or purchase for his own account or for resale; and
(d) does not sell or take orders for the sale of products to the ultimate consumer.
HISTORY: 1988 Act No. 489, eff May 2, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 65 - Payment Of Post-termination Claims To Sales Representatives › Section 39-65-20. Principal to pay commissions.

When a contract between a sales representative and a principal is terminated for any reason, the principal shall pay the sales representative all commissions that have or will accrue under the contract to the sales representative according to the terms of the contract.
HISTORY: 1988 Act No. 489, eff May 2, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 65 - Payment Of Post-termination Claims To Sales Representatives › Section 39-65-30. Principal's civil liability.

A principal who fails to comply with the provisions of Section 39-65-20 is liable to the sales representative in a civil action for:
(1) all amounts due the sales representative plus punitive damages in an amount not to exceed three times the amount of commissions due the sales representative; and
(2) attorney's fees actually and reasonably incurred by the sales representative in the action and court costs.
HISTORY: 1988 Act No. 489, eff May 2, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 65 - Payment Of Post-termination Claims To Sales Representatives › Section 39-65-40. Frivolous action; sales representative's liability.

Where the court determines that an action brought by a sales representative against a principal under this chapter is frivolous, the sales representative is liable to the principal for attorney's fees actually and reasonably incurred by the principal in defending the action and court costs.
HISTORY: 1988 Act No. 489, eff May 2, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 65 - Payment Of Post-termination Claims To Sales Representatives › Section 39-65-50. Nonresident principals subject to personal jurisdiction.

A principal who is not a resident of this State who contracts with a sales representative to solicit orders in this State is deemed to be doing business in this State for purposes of the exercise of personal jurisdiction over nonresidents under Part 8, Chapter 2, Title 36.
HISTORY: 1988 Act No. 489, eff May 2, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 65 - Payment Of Post-termination Claims To Sales Representatives › Section 39-65-60. Effect of chapter on other rights and remedies.

Nothing in this chapter invalidates or restricts any other right or remedy available to a sales representative or precludes a sales representative from seeking to recover in one action on all claims against a principal.
HISTORY: 1988 Act No. 489, eff May 2, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 65 - Payment Of Post-termination Claims To Sales Representatives › Section 39-65-70. Effect of waiver of chapter provisions in contract.

A provision in any contract between a sales representative and a principal purporting to waive any provision of this chapter, whether by expressed waiver or by a contract subject to the laws of another state, is void.
HISTORY: 1988 Act No. 489, eff May 2, 1988.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 69 - Mold Lien And Retention › Section 39-69-20. Definitions.

As used in this chapter:
(1) "Customer" means any individual or entity who causes a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product for a customer.
(2) "Molder" means an individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product for a customer. A "molder" includes, but is not limited to, a tool or die maker.
(3) "Within three years following the last use" must be construed to include any period following the last use of a die, mold, form, or pattern regardless of whether or not that period precedes the effective date of this chapter.
HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 69 - Mold Lien And Retention › Section 39-69-30. Customer's rights and title to dies, molds, forms, and patterns.

(A) In the absence of any agreement to the contrary, the customer has all rights and title to any die, mold, form, or pattern in the possession of the molder.
(B) If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last use, all rights and title to any die, mold, form, or pattern are transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern, consistent with this section.
(C) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this section. The notice must include a statement of the customer's rights as set forth in subsection (D) of this section.
(D)(1) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, within sixty days following the date the notice was sent pursuant to subsection (C), the molder must send a second written notice, in the same manner described in subsection (C). If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, within sixty days following the date the second notice was sent, all rights and title of the customer, except patents and copyrights, are transferred by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern, as the molder's own property, without any risk of liability to the customer.
(2) This section must not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.
HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 69 - Mold Lien And Retention › Section 39-69-40. Molders' liens; written notice of lien; failure to pay amount due.

(A) Molders have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer for the balance due them from the customer for any manufacturing or fabrication work, and in the value of all material related to the work. The molder may retain possession of the die, mold, form, or pattern until the charges are paid.
(B) Before enforcing the lien, notice in writing must be given to the customer, whether delivered personally or sent by registered mail to the last-known address of the customer. This notice must state that a lien is claimed for the damages set forth in or attached to the writing for manufacturing or fabrication work contracted or performed for the customer. This notice also must include a demand for payment.
(C) If the molder has not been paid the amount due within sixty days after the notice has been received by the customer as provided in subsection (B), the molder may sell the die, mold, form, or pattern at a public auction.
HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 69 - Mold Lien And Retention › Section 39-69-50. Sale of dies, molds, forms, or patterns; written notice; publication; sale in excess of lien.

(A) Before a molder may sell a die, mold, form, or pattern, the molder shall notify the customer by registered mail, return receipt requested. The notice must include the following information:
(1) the molder's intention to sell the die, mold, form, or pattern thirty days after the customer's receipt of the notice;
(2) a description of the die, mold, form, or pattern to be sold;
(3) the time and place of the sale;
(4) an itemized statement for the amount due.
(B) If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer's last known place of business. The notice must include a description of the die, mold, form, or pattern.
(C)(1) If the sale is for a sum greater than the amount of the lien, the excess must be paid to a prior lienholder known to the molder at the time of the sale and any remainder to the customer, if the customer's address is known, or the State Treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale.
(2) A sale must not be made under this section if it would be in violation of any right of a customer under federal patent or copyright law.
HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 69 - Mold Lien And Retention › Section 39-69-60. Enforcement of chapter; regulations.

The Department of Labor, Licensing and Regulation shall enforce the provisions of this chapter and promulgate regulations necessary and appropriate for this purpose.
HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-20. Commodity transactions under commodity contract or option restricted.

Except as otherwise provided in Section 39-73-30 or Section 39-73-40 no person may sell or purchase or offer to sell or purchase a commodity under commodity contract or under commodity option or offer to enter into or enter into as seller or purchaser a commodity contract or a commodity option.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-30. Purchasers or sellers as to whom prohibition not applicable.

(A) The prohibitions in Section 39-73-20 do not apply to transactions offered by and in which any of the following persons, or an employee, an officer, or a director of them acting solely in that capacity, is the purchaser or seller:
(1) a person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require registration;
(2) a person registered with the Securities and Exchange Commission as a broker-dealer whose activities require registration;
(3) a person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in item (1) or (2);
(4) a person who is a member of a contract market designated by the Commodity Futures Trading Commission, or clearinghouse of it;
(5) a financial institution;
(6) a person registered under the laws of this State as a securities broker-dealer whose activities require registration.
(B) The exemptions in this section do not apply to a transaction or an activity prohibited by the Commodity Exchange Act or a CFTC Rule.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-50. Commodity merchant required to be registered, temporarily licensed, or exempt; board of trade must be designated.

(A) No person may engage in a trade or business or otherwise act as a commodity merchant unless he:
(1) is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting the person as a commodity merchant and the registration or temporary license has not expired or been suspended or revoked; or
(2) is exempt from registration by virtue of the Commodity Exchange Act or of a CFTC Rule.
(B) No board of trade may trade or provide a place for the trading of a commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless the board of trade has been so designated for the commodity contract or commodity option and the designation has not been vacated, suspended, or revoked.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-60. Prohibited acts.

No person, directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of, a commodity contract or commodity option subject to Sections 39-73-20, 39-73-310, or 39-73-40(A)(2) or (4), may:
(1) cheat or defraud or attempt to cheat or defraud a person or employ a device, a scheme, or an artifice to defraud a person;
(2) make a false report, enter a false record, or make an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;
(3) engage in a transaction, an act, a practice, or a course of business, including without limitation a form of advertising or solicitation which operates or would operate as a fraud or deceit upon a person; or
(4) misappropriate or convert the funds, security, or property of a person.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-70. Agency, vicarious, and joint and several liability.

(A) The act, omission or failure of an official, an agent, or another person acting for an individual, an association, a partnership, a corporation, or a trust within the scope of his employment or office is deemed the act, omission or failure of the individual, association, partnership, corporation, or trust as well as of the official, agent, or other person.
(B) Every person who directly or indirectly controls another person liable under this chapter, every partner, officer, or director of the other person, every person occupying a similar status or performing similar functions, every employee of the other person who materially aids in the violation also is liable jointly and severally with and to the same extent as the other person, unless the person who also is liable by virtue of this section sustains the burden of proof that he did not know and in exercise or reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-80. Chapter not to impair other state securities laws.

Nothing in this chapter impairs, derogates, or otherwise, affects the authority or powers of the administrator under state securities law or the application of this chapter to a person or transaction subject to state securities law.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-90. Construction and implementation of chapter; no private right of action created.

This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts, and to maximize coordination with federal and other states' laws and the administration and enforcement of them. This chapter does not create rights or remedies upon which actions may be brought by private persons against persons who violate this chapter.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-310. Authority of administrator to investigate; publication of information; powers and procedures; court order to compel compliance.

(A) The administrator may make investigations, within or without this State, as it finds necessary or appropriate to:
(1) determine whether a person has violated or is about to violate this chapter or a regulation of the administrator; or
(2) aid in enforcement of this chapter.
(B) The administrator may publish information concerning a violation of this chapter or a regulation of the administrator.
(C) For purposes of an investigation or a proceeding under this chapter the administrator or an officer or employee designated by regulation may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records which the administrator finds to be relevant or material to the inquiry.
(D)(1) If a person does not give testimony or produce the documents required by the administrator or a designated employee pursuant to an administrative subpoena, the administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.
(2) The request for order of compliance may be addressed to:
(a) the circuit court of Richland County or the circuit court of the county where service may be obtained on the person refusing to testify or produce if the person is within this State; or
(b) the appropriate court of the state having jurisdiction over the person refusing to testify or produce if the person is outside this State.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-315. Action by administrator to prevent violation or imminent violation.

(A) If the administrator believes, whether or not based upon an investigation conducted under Section 39-73-310, that a person has engaged or is about to engage in an act or a practice constituting a violation of this chapter or a related regulation, the administrator may:
(1) issue a cease and desist order;
(2) issue an order imposing a civil penalty of not more than ten thousand dollars for a single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or
(3) initiate the actions specified in subsection (B).
(B) The administrator may institute one or more of the following actions in the appropriate courts of this State or in the appropriate courts of another state in addition to legal or equitable remedies otherwise available:
(1) a declaratory judgment;
(2) an action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or a regulation or order of the administrator;
(3) an action for disgorgement;
(4) an action for appointment of a receiver or conservator for the defendant or the defendant's assets.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993); 1994 Act No. 327, Section 1, eff April 20, 1994.
Effect of Amendment
The 1994 amendment deleted provisions containing references to incorrect sections.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-325. Penalties for willful violation; for unknowing violation; reference to Attorney General for criminal proceedings.

(A) A person who wilfully violates a regulation or order of the administrator under this chapter, upon conviction, must be fined not more than twenty thousand dollars, or imprisoned not more than ten years, or both, for each violation.
(B) A person convicted of violating a regulation or order under this chapter may be fined but must not be imprisoned if the person proves he had no knowledge of the rule or order.
(C) The administrator may refer evidence available concerning violations of this chapter or a regulation or order of the administrator to the Attorney General or the appropriate solicitor who, with or without a reference from the administrator, may institute the appropriate criminal proceedings under this chapter.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-330. Secretary of State to administer chapter; confidential or public nature of information; use of information for personal gain.

(A) This chapter must be administered by the South Carolina Secretary of State.
(B) The administrator and his employees may not use information filed with or obtained by the administrator which is not public information for personal gain or benefit and may not conduct securities or commodity dealings based upon the information, even though public, if there has not been sufficient time for the securities or commodity markets to assimilate the information.
(C)(1) Except as provided in item (2), all information collected, assembled, or maintained by the administrator is public information and is available for examination by the public.
(2) The following information is confidential and an exception to item (1):
(a) information obtained in private investigations pursuant to Section 39-73-310;
(b) information made confidential by the Freedom of Information Act;
(c) information obtained from federal agencies which must not be disclosed under federal law.
(3) The administrator in his discretion may disclose information made confidential under subsection (C)(2)(a) to persons identified in Section 39-73-335(A).
(4) This chapter does not create or derogate a privilege which exists at common law, by statute, or otherwise when documentary or other evidence is sought under subpoena directed to the administrator or his employees.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-335. Cooperation with other jurisdictions; joint action.

(A) To encourage uniform application and interpretation of this chapter and securities regulation and enforcement in general, the administrator and his employees may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, the Canadian province or territory, or other agencies administering this chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, a self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, a national or an international organization of commodities or securities officials or agencies, and a governmental law enforcement agency.
(B) The cooperation authorized by subsection (A) includes, but is not limited to:
(1) making joint examinations or investigations;
(2) holding joint administrative hearings;
(3) filing and prosecuting joint litigation;
(4) sharing and exchanging personnel;
(5) sharing and exchanging information and documents;
(6) formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases;
(7) issuing and enforcing subpoenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission, or the Securities and Exchange Commission if the information sought also is subject to lawful subpoena for conduct occurring in this State.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-340. Authority to promulgate regulations, forms, and orders; insulation from liability for acts or omissions done in good faith.

(A) In addition to specific authority granted elsewhere in this chapter, the administrator may make, amend, rescind regulations, forms, and orders as are necessary to carry out this chapter. The regulations or forms must include, but are not limited to, regulations defining terms, whether or not used in this chapter. The definitions must not be inconsistent with this chapter. For the purpose of regulations or forms the administrator may classify commodities and commodity contracts, persons, and matters within the administrator's jurisdiction.
(B) Unless specifically provided in this chapter, no regulation, form, or order may be adopted, amended, or rescinded unless the administrator finds that action is:
(1) necessary or appropriate in the public interest or for the protection of investors;
(2) consistent with the purposes fairly intended by the policy and provisions of this chapter.
(C) Regulations and forms of the administrator must be published.
(D) A provision of this chapter imposing liability does not apply to an act done or omitted in good faith in conformity with a regulation, order, or form adopted by the administrator, notwithstanding that the regulation, order, or form may be amended, rescinded, or determined by judicial or other authority to be invalid.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-345. Engaging in prohibited conduct constitutes appointment of administrator to accept service of process.

When a person, including a nonresident of this State, engages in conduct prohibited or made actionable by the chapter or a regulation or order of the administrator, the engaging in the conduct constitutes the appointment of the administrator as the person's attorney to receive service of lawful process in a noncriminal proceeding against the person, a successor, or personal representative, which grows out of that conduct and which is brought under the chapter or a regulation or order of the administrator with the same force as if served personally.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-350. Applicability of sections 39-73-20, 39-73-50, and 39-73-60 to persons who sell, buy, or offer to sell or buy commodities in state.

(A) Sections 39-73-20, 39-73-50, and 39-73-60 apply to persons who:
(1) sell or offer to sell when an offer to:
(a) sell is made in this State; or
(b) buy is made and accepted in this State;
(2) buy or offer to buy when an offer to:
(a) buy is made in this State; or
(b) sell is made and accepted in this State.
(B) For the purpose of this section, an offer to sell or buy is made in this State, whether or not either party is then present in this State, when the offer:
(1) originates from this State; or
(2) is directed by the offeror to this State and received at the place to which it is directed, or at a post office in this State for a mailed offer.
(C) For the purpose of this section, an offer to buy or sell is accepted in this State when acceptance:
(1) is communicated to the offeror in this State;
(2) previously has not been communicated to the offeror, orally or in writing, outside this State, and acceptance is communicated to the offeror in this State, whether or not either party is then present in this State, when the offeree directs it to the offeror in this State, reasonably believing the offeror to be in this State and it is received at the place to which it is directed or at a post office in this State for a mailed acceptance.
(D) An offer to sell or to buy is not made in this State when one or both of the following exist:
(1) The publisher circulates or there is circulated on his behalf in this State a bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this State or which is published in this State but has had more than two-thirds of its circulation outside this State during the past twelve months.
(2) A radio or television program originating outside this State is received in this State.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-355. Administrative proceedings; notice; hearing; order.

(A) The administrator shall commence an administrative proceeding under this chapter by entering a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, and without opportunity for hearing and need not be supported by findings of fact or conclusions of law but must be in writing.
(B) Upon entry of a notice of intent or summary order, the administrator promptly shall notify all interested parties that the notice or summary order has been entered and its reasons. If the proceeding is pursuant to a notice of intent, the administrator shall inform all interested parties of the date, time, and place set for the hearing on the notice. If the proceeding is pursuant to a summary order, the administrator shall inform all interested parties that they have thirty business days from the entry of the order to file a written request for a hearing on the matter with the administrator and that the hearing will be scheduled to commence within thirty business days after the receipt of the written request.
(C) If the proceeding is pursuant to a summary order, the administrator, whether or not a written request for a hearing is received from an interested party, may set the matter down for hearing on the administrator's own motion.
(D) If no hearing is requested and none is ordered by the administrator, the summary order automatically becomes a final order after thirty business days.
(E) If a hearing is requested or ordered, the administrator, after notice of a hearing to and an opportunity for a hearing for all interested persons, may modify or vacate the order or extend it until final determination.
(F) No final order or order after hearing may be returned without:
(1) appropriate notice to all interested persons;
(2) opportunity for hearing by all interested persons;
(3) entry of written findings of fact and conclusions of law.
(G) Every hearing in an administrative proceeding under this chapter is public unless the administrator grants a request joined in by all the respondents that the hearing be conducted privately.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-360. Judicial review.

(A) A person aggrieved by a final order of the administrator may obtain a review of the order in court by filing, within sixty days after the entry of the order, a written petition requesting the order be modified or set aside in whole or in part. A copy of the petition for review must be served upon the administrator.
(B) Upon the filing of a petition for review, except where the taking of additional evidence is ordered by the court pursuant to subsection (E) or (F), the court shall have exclusive jurisdiction of the matter, and the administrator may not modify or set aside the order, in whole or in part.
(C) The filing of a petition for review under subsection (A), unless specifically ordered by the court, does not operate as a stay of the administrator's order, and the administrator may enforce or ask the court to enforce the order pending the outcome of the review proceedings.
(D) Upon receipt of the petition for review, the administrator shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final by operation of law under Section 39-73-355(D), the administrator shall certify and file in court the summary order and evidence of its source upon the parties to it and an affidavit certifying that no hearing has been held and the order became final pursuant to Section 39-73-355(D).
(E) If the aggrieved party or the administrator applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court there were reasonable grounds for failure to adduce the evidence in the hearing before the administrator or other good cause, the court may order the additional evidence to be taken by the administrator under conditions the court considers proper.
(F) If new evidence is ordered taken by the court, the administrator may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence with modified or new findings or order.
(G) The court shall review the petition based upon the original record before the administrator as amended under subsections (E) and (F). The findings of the administrator as to the facts, if supported by competent, material, and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce, or set aside the order, in whole or in part.
(H) The judgment of the court is subject to review by the court.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-365. Burden of proof as to exemptions.

It is not necessary to negate the exemptions of this chapter in a complaint, information, indictment, a writ, or a proceeding brought under this chapter. The burden of proof of the exemption is upon the party claiming it.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).