reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5000 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definition
Equine Slaughter Only Assembly Point -This facility shall be
				deemed to be one operated by a person or persons, firm or corporation, that
				shall on a continuing daily basis or on several days of each week, purchase
				equine from the general public, for immediate slaughter and such equine to be
				moved to a slaughter establishment within fifteen (15) days of purchase. Equine
				purchased by this facility or its representative may not be diverted for any
				purpose other than immediate slaughter.
In order to be licensed under this Regulation, the facility
				must have a current written agreement with an official government approved
				equine slaughter establishment. A copy of said agreement must be provided to
				the Clemson University Livestock-Poultry Health Division prior to
				licensure.
B. Geographic
			 Requirements
Owners/operators must comply with the quarantine requirements
				as established in 47-13-1350 at all times. If the facility operator does not
				possess sufficient property to establish the required separation distance
				utilizing his own property, such separation distance may be achieved by lease,
				easement or other interest in contiguous and adjacent real property. It is the
				responsibility of the facility operator to ensure that no equine at the
				facility comes any closer than the mandatory minimum 200 yards distance to any
				other equine legally on contiguous or adjacent public or private
				property.
C. Security
Adequate barns and pens must be of sufficient capacity and
				strength of enclosure to properly accommodate the anticipated number of animals
				that will be contained on the premise. There will also be required a perimeter
				fence at least two hundred yards from the holding facilities with gates locked
				when no facility personnel are present.
D. Humane Housing and Care of Animals
Animals must be housed in a facility that meets generally
				accepted standards for humane care, including adequate protection from adverse
				weather conditions and under a roofed facility and adequate provision for food
				and water.
The facility must provide a method of restraining animals for
				such procedures as identification, testing and treatment and in a manner that
				protects as much as possible against injury to animals and people.
E. Cleaning and Disinfection
All areas of the holding facilities shall have proper drainage
				and shall be cleaned and disinfected as the State Veterinarian or his
				authorized agent may prescribe.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5001 - Permits

Current through Register Vol. 48, No. 6, June 28, 2024
A. Permits
On or after July 1, 1993, any person, persons, firm or
				corporation wishing to operate an Equine Slaughter Assembly Point shall make
				written application to the State Veterinarian on the forms furnished by the
				office of the State Veterinarian and shall show the full name and address of
				all persons having a financial interest in the facility, the name of the office
				manager and person in charge, the name under which the facility will operate
				and its exact location, and a copy of the agreement with the slaughter
				establishment.
B.
			 Inspection
Upon filing of the application on the forms provided, an
				authorized agent of the State Veterinarian shall make an inspection of the
				premises of the applicant and if the proposed facility can comply with the
				provisions of these regulations, the State Veterinarian shall issue the permit.
				This permit may be revoked by the State Veterinarian for any violation of the
				provisions of these regulations.
C. Duration of Permits
All permits issued under the provisions of these regulations
				shall be effective until revoked by the State Veterinarian. Periodically,
				personnel of the Livestock-Poultry Health Division will inspect the facility
				for compliance.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5002 - Testing

Current through Register Vol. 48, No. 6, June 28, 2024
Equine animals moving from S. C. premises to the Equine
				Slaughter Assembly Point may enter without a test.
Equine animals from other states may enter the facility without
				testing provided they enter the state with identification acceptable to the
				State Veterinarian (minimal standard, a USDA Backtag) and are accompanied by a
				USDA Form 1-27 indicating they are moving to slaughter.
Known EIA Positive Animals from S. C. Premises of Origin
EIA positives or exposed animals may enter the facility
				provided they are identified in an acceptable manner, (branded by a state or
				federal animal health employee) and move on a USDA Form 1-27 with prior
				approval of the State Veterinarian's Office. At the facility they will be
				penned in separate pens so marked.
Interstate Movement of Known EIA Positive Animals To The
				Facility
Known EIA positive equine animals from other states may not
				enter this facility.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5003 - Records Required

Current through Register Vol. 48, No. 6, June 28, 2024
1.
			 Date of Purchase
2. Name and
			 Address of Seller
3.
			 Identification
4. Disposition
-When
-Where
-Proof of slaughter
5. Available to LPHD personnel and accessible
			 at reasonable hours and of a type that ensures accountability.
6. Records shall be maintained by facility
			 for at least two (2) years.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5004 - Movement of Animals From Facility

Current through Register Vol. 48, No. 6, June 28, 2024
Any Equine after entering facility can only leave for shipment
				directly to slaughter and within a maximum of 15 days.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5005 - Bonding

Current through Register Vol. 48, No. 6, June 28, 2024
This facility must meet the bonding requirements as set forth
				by the USDA Packers and Stockyards Administration.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5006 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Any person who shall violate any provisions set forth in these
				regulations shall be subject to the punishment in accordance with Section
				47-13-1400
				which states, "that any person violating the provisions of this article is
				guilty of a misdemeanor and upon conviction must be fined in an amount not to
				exceed one thousand dollars or imprisoned not to exceed six
				months."
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5007 - Sign At Entry Point (Required Sign At Entry Gate)

Current through Register Vol. 48, No. 6, June 28, 2024
An easily readable sign: at least 4 feet high by 8 feet wide
				must be prominently displayed at the entrance to the facility. At the top of
				the sign in large, easily readable letters, the following wording must be
				listed, "Official Equine Quarantine Facility". To be followed by, "This is an
				Equine Slaughter Only Assembly Point Facility. All animals are considered EIA
				Positive or Exposed. By penalty of law, no animal may move from this facility
				except directly to slaughter".
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5008 - Restrictions

Current through Register Vol. 48, No. 6, June 28, 2024
No facility licensed for and used as an Equine Auction Market
				may be licensed for use as an Equine Slaughter Assembly Point
				Facility.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5009 - Identification

Current through Register Vol. 48, No. 6, June 28, 2024
All animals not otherwise identified must be identified when
				unloaded at the facility by a method acceptable to the State Veterinarian (at
				the minimum, a USDA Backtag).
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5010 - Suspension of Operation Order

Current through Register Vol. 48, No. 6, June 28, 2024
It is the responsibility of the operator of the facility to
				maintain adequate health care for all animals and to care for them in a humane
				fashion.
Failure to provide adequate care for animals at all times will
				result in temporary or permanent suspension of licensure by the State
				Veterinarian.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 21 - EQUINE SLAUGHTER ONLY ASSEMBLY POINT FACILITY › Section 27-5011 - Disestablishment

Current through Register Vol. 48, No. 6, June 28, 2024
Once disestablished as an equine slaughter facility, the
				premises may not be used to house EIA negative equine, for a period of ninety
				(90) days after the departure of the last positive/exposed
				equine.
South Carolina Code of Regulations › Chapter 27 - CLEMSON UNIVERSITY STATE LIVESTOCK-POULTRY HEALTH COMMISSION › Article 22 - QUARANTINE OF PHYTOPHAGOUS SNAILS › Section 27-5020 - Quarantine of Phytophagous Snails

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions
(1) Commission. The State Crop Pest
			 Commission;
(2) Director. The
			 Director, Regulatory and Public Service Programs, Clemson University;
(3) Compliance agreement. A written agreement
			 between a person dealing in or moving regulated articles and the Director,
			 wherein the former agrees to comply with conditions specified in the agreement
			 to prevent the establishment or dissemination of phytophagous snails;
(4) Infestation. A property on which
			 phytophagous snails have been found, or a property onto which regulated
			 material has been moved for any purpose from an infested property, and
			 regulated or host material which has been exposed to, come in physical contact
			 with or being stored where the pest has been found. Such properties shall be
			 considered infested until the Director is of the opinion that phytophagous
			 snails do not exist on said property;
(5) Inspector. Any authorized employee or
			 agent of the State Crop Pest Commission or any other person authorized by the
			 Director to enforce the provisions of this quarantine and regulations
			 supplemental thereto;
(6) Pest
			 and/or phytophagous Snails. The following snails in any stage of development:
(a) Brown garden snail (Helix aspersa
			 Muller);
(b) Giant South American
			 snail (Megalobulimus oblongus Muller);
(c) White garden snail (Theba pisana
			 Muller);
(d) Giant African snail
			 (Achatina spp.);
(e) Any other
			 plant-feeding snail which the Director determines to be a plant pest;
(7) Person. Any individual,
			 corporation, association, firm or partnership.
(8) Plant material. All wild, cultivated, or
			 greenhouse grown plants, trees, shrubs, vines, bulbous plants and roots,
			 grafts, scions, and buds. Included are annual plants, cut flowers, and
			 decorative plants without roots;
(9) Quarantined or regulated area. Any
			 portion of a state in which phytophagous snails are found, or has been placed
			 under quarantine on account of same;
(10) Regulated articles. Nursery stock, other
			 plant material, and articles capable of transporting phytophagous snails,
			 including used containers and trash, and all phytophagous snails.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-1 - Authority for and Division of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
		  following Rules of organization and practice are adopted to describe the
		  organization and methods of the Office of Administrator of Consumer Affairs and
		  to establish rules of practice and to otherwise implement the South Carolina
		  Consumer Protection Code, Title 37 of The Code of Laws of South Carolina, as
		  amended, pursuant to authority of Sections
		  37-3-503,
		  37-6-104,
		  37-6-403,
		  37-6-506
		  and
		  37-11-80.
B. These Rules and Regulations should be
		  cited by Chapter, Rule and Section; e.g., this provision is S.C. Code Ann.
		  R.28-1B. of the Rules and Regulations to Implement the Consumer Protection
		  Code.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-2 - Organization

Current through Register Vol. 48, No. 6, June 28, 2024
A. Commission on Consumer Affairs: The
		  Commission on Consumer Affairs is composed of nine members, one of whom is the
		  Secretary of State serving ex officio and whose term coincides with the term of
		  office. Four members are appointed by the Governor with the advice and consent
		  of the Senate for terms of four years. Four members are elected by the General
		  Assembly for terms of four years. The Commission elects its own chairman. The
		  Commission is the policy-making and governing authority of the Department of
		  Consumer Affairs, appoints the Administrator and is responsible for enforcement
		  of the South Carolina Consumer Protection Code.
B. Council of Advisors on Consumer Credit:
		  The Council of Advisors on Consumer Credit consists of sixteen members, who are
		  appointed by the Governor for terms of four years. One of the advisors is
		  designated by the Governor as chairman. The Council advises and consults with
		  the Administrator concerning the exercise of his powers under the South
		  Carolina Consumer Protection Code and may make recommendations to the
		  Administrator. Members may assist the Administrator in obtaining compliance
		  with the Code.
C. Office of
		  Administrator of Consumer Affairs: The Administrator is appointed by the
		  Commission on Consumer Affairs and serves at its pleasure. The Administrator is
		  responsible to the Commission for faithfully administering and enforcing the
		  South Carolina Consumer Protection Code.
D. Deputy Administrators and Deputy Consumer
		  Advocates: 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 the S.C. Consumer Protection Code
		  and other statutes enforced by the Department.
E. Consumer Advocate: The Administrator of
		  Consumer Affairs may be the Consumer Advocate or he may appoint the Consumer
		  Advocate with approval of the Commission on Consumer Affairs. The Consumer
		  Advocate must be an attorney qualified to practice in all South Carolina courts
		  with a minimum of three years practice experience.
F. Board of Financial Institutions: The Board
		  of Financial Institutions is the governmental agency of the State of South
		  Carolina which is referred to as "the Board of Bank Control" in Act 686 of 1976
		  amending the Consumer Protection Code and is sometimes referred to as "the
		  Board" in the Rules, and which has responsibility for examinations and
		  investigations (Consumer Protection Code Section
		  37-3-506
		  ) of institutions licensed or chartered by it, and through its Consumer Finance
		  Division has responsibility for matters pertaining to licenses (Consumer
		  Protection Code Sections
		  37-3-503
		  and
		  37-3-504
		  ), and records and annual reports (Consumer Protection Code Section
		  37-3-505
		  ).
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-5 - Files, Records and Communications

Current through Register Vol. 48, No. 6, June 28, 2024
All papers, records, files and other property of the South
			 Carolina Department of Consumer Affairs shall be maintained and filed in the
			 Office of the Administrator for a reasonable period of time. Thereafter, these
			 materials may be forwarded to State Archives in accordance with State
			 law.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-6 - Application of the Federal Truth in Lending Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. All persons upon whom the Federal Truth in
		  Lending Act imposes duties or obligations shall make or give to the consumer
		  the disclosures, information and notices required of him by that Act and in all
		  respects comply with that Act.
B.
		  The term "Federal Truth in Lending Act" means Title I of the Consumer Credit
		  Protection Act [
		  15 U.S.C. Section
		  1601 et seq.] as amended from time to time
		  and the regulations promulgated thereunder, as amended from time to
		  time.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-7 - Definitions Applying to Rules of Practice

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  "Administrator" means the officer appointed by the Commission on Consumer
		  Affairs. Where the word "Administrator" is used in these Rules it shall be
		  deemed, when applicable, to include his representatives. (See Also
		  R.28-8H)
B. "Applicant" is a party
		  applying for any right or authority under the Consumer Protection Code, and
		  includes all partners in a partnership.
C. "Code" means the South Carolina Consumer
		  Protection Code [Title 37 of The Code of Laws of South Carolina (as
		  amended)].
D. "Complainant" is any
		  party who complains to the Administrator of any act or omission allegedly
		  committed by any person subject to the Code.
E. "Defendant" is a party against whom a
		  complaint has been filed concerning any act or omission allegedly committed in
		  violation of the Code or of any promulgated administrative order, rule or
		  regulation.
F. "Intervenor" is a
		  person who has been permitted to become a party to any proceeding before the
		  Administrator.
G. "Party" means the
		  Administrator, any person named or admitted as a party in a proceeding before
		  the Administrator, or any person who is aggrieved by any action taken and seeks
		  to be admitted as a party.
H.
		  "Person Related To" with respect to an individual means:
(1) the spouse of the individual;
(2) a brother, brother-in-law, sister,
		  sister-in-law of the individual;
(3) an ancestor or lineal descendant of the
		  individual or his spouse;
(4) any
		  other relative, by blood or marriage, of the individual or his spouse who
		  shares the same home with the individual.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-8 - Notification and Fees Summary Procedures - Licensing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Notification. Pursuant to the authority
		  contained in Sections
		  37-6-201,
		  37-6-202,
		  37-6-203 and
		  37-6-204
		  of the Code, the following rules are adopted for notification to this
		  Department of a person engaged in this State in making consumer credit sales,
		  consumer leases, consumer rental-purchase agreements or consumer loans 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, rental-purchase
		  agreements or loans.
B. Forms.
		  Persons subject to the section as in A above shall file a notification form
		  with the Administrator within thirty (30) days after commencing business in
		  this State and thereafter on or before January thirty-first of each year on the
		  prescribed form which shall state:
(1) Name
		  of person;
(2) Name in which
		  business is transacted if different from (1) above;
(3) Address of principal office giving street
		  number, city, state and zip code (This may be outside the State of South
		  Carolina);
(4) Addresses of all
		  offices or retail stores, if any, in this State at which consumer credit sales,
		  consumer leases, consumer rental-purchase agreements or consumer loans are
		  made, or in case of a person taking assignments of obligations, the offices or
		  places of business within this State at which business is transacted;
(5) If consumer credit sales, consumer
		  leases, consumer rental-purchase agreements 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;
(6) Type of business conducted;
(7) If consumer rental-purchase transactions
		  are made at any location listed pursuant to (3) and (4) and cash or credit
		  sales of merchandise are also made at those locations, an indication of that
		  fact;
(8) Address of designated
		  agent upon whom service of process may be made in this State.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-9 - Other Cases - Summary Procedure

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  Informal Complaint: Informal complaints pertaining to actions subject to the
		  Department's jurisdiction may be made to the Administrator in writing and need
		  not be in any particular form. Such matters may be disposed of by
		  correspondence or other informal communication.
B. Record of Informal Complaints: A record
		  shall be kept of each informal complaint listing the allegations and all action
		  taken including any final disposition, subject to the Department's Record
		  Retention Policy.
C. Investigation:
		  If it appears from an informal complaint or other information brought to the
		  attention of the Administrator that there is probable cause to believe that a
		  person is committing or has committed an act or omission in violation of the
		  Code, the Administrator may order an investigation to determine if the Act is
		  being or has been committed.
D.
		  Summary Action: If, after investigation, the Administrator determines that a
		  person is committing or has committed any act or omission in violation of the
		  Code, he may take one or more of the following actions, as the situation may
		  warrant:
(1) Enter into an agreement with the
		  person to settle the matter via a non-hearing resolution or otherwise accept an
		  assurance in writing that the person in violation of the Code will not engage
		  in that conduct in the future;
(2)
		  Bring an administrative action;
(3)
		  Bring civil action for injunctive relief as provided in Sections
		  37-6-110,
		  37-6-111
		  and
		  37-6-112 of the
		  Code;
(4) Bring a civil action as
		  provided in Section
		  37-6-113
		  of the Code;
(5) Bring an
		  individual action for a consumer as provided in Section
		  37-6-117
		  of the Code;
(6) Bring a criminal
		  action as provided in Section
		  37-6-104
		  of the Code;
(7) Engage in an
		  action as permitted by law.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-13 - Filing and Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. Service: All
		  notices, findings of fact, opinions and orders required to be served by the
		  Administrator and all documents filed by any party may be served by mail, and
		  service shall be deemed complete when a true copy of such paper or document,
		  properly addressed and stamped, is deposited in the United States
		  mail.
B. Proof of Service: On all
		  documents required to be served there may appear an acknowledgement or
		  affidavit of service or the following certificate:
I hereby certify that I have this day served the foregoing
			 document upon all parties of record in this proceeding (by delivering a copy in
			 person to ____________) (by mailing a copy thereof, properly addressed, with
			 postage prepaid, to) ____________.
Dated at _______, this _______ day of _______, 20____ .
______________________________
Signature
C.
		  Alternative Service: In the alternative, service as permitted by the S.C. Rules
		  of Civil Procedure.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-14 - Procedure

Current through Register Vol. 48, No. 6, June 28, 2024
Applicability of Administrative Procedures Act: All parties to
			 formal or investigative cases shall follow the notice and procedure
			 requirements of the South Carolina Administrative Procedures Act, S.C. Code
			 Ann. Sections
			 1-23-310 et seq. (as
			 amended).
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-15 - Witnesses

Current through Register Vol. 48, No. 6, June 28, 2024
A. All persons competent to testify in civil
		  actions are competent witnesses before the Administrator.
B. The Administrator may issue subpoenas for
		  the attendance of witnesses and the production of any paper, book, record,
		  document or other evidence in any inquiry, investigation, hearing or proceeding
		  before the Administrator.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-23 - Decision of Administrator

Current through Register Vol. 48, No. 6, June 28, 2024
A. Report and
		  Order: After the Administrator has reached a final decision upon any
		  proceeding, he shall prepare an order and a report, containing his findings and
		  conclusions with respect to such proceeding.
B. Service of Report and Order: A correct
		  copy of such report and order shall be served upon the person against whom such
		  proceeding is directed. Copies will be mailed by certified mail to other
		  parties who appeared and participated in the proceeding and to all attorneys of
		  record.
C. Effective Date of Order:
		  The order shall take effect and become operative upon service unless otherwise
		  provided in such order.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-24 - Rehearing and Review

Current through Register Vol. 48, No. 6, June 28, 2024
A. Time for Filing:
		  Petitions for rehearing must be filed by a party within twenty (20) days after
		  being served with a copy of the order or decision.
B. Detail of Petition: The petition for
		  rehearing shall set forth specifically and in detail the particulars in which
		  it is claimed the Administrator's order or decision is unlawful, unreasonable,
		  or unfair. If the petition for rehearing is based upon a claim that the
		  Administrator failed to consider certain evidence, such petition shall include
		  an abstract of that evidence relied upon by the petitioner.
C. Petition Based on New Evidence: The
		  petition may be based upon newly discovered evidence. When such ground is used,
		  the petition shall be accompanied by an affidavit setting forth the nature and
		  extent of such evidence, its relevancy to the issues involved, and a statement
		  that the party could not, with reasonable diligence, have discovered the
		  evidence prior to the former hearing.
D. Action on Petition: Upon the filing of a
		  petition for rehearing, the Administrator may set a time for the hearing of
		  said petition, or may summarily grant or deny said petition in whole or in
		  part.
E. Rehearings Limited: If an
		  order is made granting the petition for rehearing, it shall be limited to the
		  matter specified in such order. Upon rehearing of any proceeding the
		  Administrator may confirm his former judgment or abrogate, change, or modify
		  the same in any particular. Such order and decision shall have the same force
		  and effect as the original order and decision, but shall not affect any right
		  or the enforcement of any right arising out of or by virtue of the original
		  order and decision unless so ordered by the Administrator.
F. Judicial Review:
(1) A person who has exhausted all the
		  administrative remedies available before the Administrator and who is aggrieved
		  by a final decision in a contested case is entitled to judicial
		  review.
(2) Judicial review shall
		  be conducted pursuant and subject to the Administrative Procedures Act, (as
		  amended).
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-25 - Declaratory Rulings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Petition for
		  Declaratory Rulings: Any person may request in writing a declaratory ruling on
		  the applicability of any administrative rule or regulation or Code provision.
(1) The petitioner shall include in his
		  request the question to which an answer is sought and a list of reasons
		  supporting or denying the applicability of the particular provision and/or rule
		  or regulation involved.
(2) If the
		  Administrator deems the matter to be of sufficient public importance, in the
		  exercise of his absolute discretion he may schedule the matter for a public
		  hearing pursuant to the procedures provided in the Administrative Procedures
		  Act, (as amended).
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-26 - Administrative Interpretations

Current through Register Vol. 48, No. 6, June 28, 2024
A. Request for
		  Administrative Interpretation: Upon the written request of any person, or upon
		  his own initiative, the Administrator may issue an administrative
		  interpretation of any provision of the Code or any Rule or Regulation issued
		  pursuant thereto.
B. Contents of
		  Request: Requests for administrative interpretation shall clearly state:
(1) the precise questions posed;
(2) the opinion of the person requesting the
		  Interpretation;
(3) the basis of
		  such opinion including citation of all applicable statutory provisions, Rules,
		  Regulations or other provision of law.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-27 - Petition for Adoption of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
		  interested person may petition the Administrator requesting the promulgation,
		  amendment or repeal of a rule. The petition shall be in writing, be addressed
		  to the Administrator and include a clear statement of the petitioner's proposal
		  and may include any supporting data that may assist the Administrator in
		  reaching a determination. The petition need not be of any particular form, but
		  must contain the information required by this section.
B. If the Administrator deems the matter to
		  be of sufficient public importance, in the exercise of his absolute discretion
		  he may schedule the matter for a public hearing, pursuant to the procedures
		  provided in the Administrative Procedures Act, (as amended).
C. Within thirty (30) days after submission
		  of a petition, the Administrator either shall deny the petition in writing to
		  the petitioner, stating his reasons for the denial, or shall initiate
		  rule-making procedures in accordance with the provisions on procedures for
		  adoption of rules in the Administrative Procedures Act, (as amended).
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-28 - Meetings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Commission on Consumer Affairs: The
		  Commission will meet once each month. The meeting will be held at a time and
		  place to be selected by the Commission. Public notice will be given of all
		  meetings.
B. Council of Advisors on
		  Consumer Credit: The Council will meet at least twice each year. Meeting time
		  and place will be selected and announced by the Chairman of the Council. Public
		  notice will be given of all meetings.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-29-5.204 - Debtor's Right to Rescind Certain Transactions

Current through Register Vol. 48, No. 6, June 28, 2024
With regard to certain credit transactions in which a security
			 interest is retained or acquired in an interest in land which is used or
			 expected to be used as the residence of the person to whom credit is extended,
			 the form and procedure for (1) the debtor to notify the creditor of his
			 intention to rescind, (2) the creditor's disclosure to the debtor of the
			 debtor's right to rescind the transaction, (3) the creditor's provision of an
			 adequate opportunity to rescind the transaction, and (4) the waiver of the
			 right to rescind in bona fide personal financial emergencies of homeowners, are
			 set forth in Federal Reserve Board Regulation Z Section 226.9 ( 12 C.F.R.
			 Section 226 ) which implements the Federal Truth in Lending
			 Act.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-30 - Delinquent Notification Filing and Fee Payment

Current through Register Vol. 48, No. 6, June 28, 2024
A. Except in the case of willful or repeated
		  violations of Sections
		  37-6-202
		  and
		  37-6-203,
		  notification filings and fees which are not more than 15 days delinquent will
		  be accepted without penalty.
B.
		  Willful or repeated violations will be disposed of pursuant to the provisions
		  of the Code, including Sections
		  37-6-108,
		  37-6-110,
		  37-6-113
		  (Civil Actions) and 37-6-118.
C. In
		  all other cases delinquent filings must be accompanied by a penalty equal to
		  the amount indicated as follows:
Payment Received
Penalty
16 to 30 days late
50% of delinquent fee
31 to 60 days late
100% of delinquent fee
61 to 90 days late
200% of delinquent fee
91 or more days late
subject to action by the Department
Statutory Authority: 1976 Code Sections
				37-6-202,
				37-6-203,
				37-6-506
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-50-2.210, 3.210 - "Rebate Upon Prepayment," Simplification of the Calculation of the Unearned Portion of the Finance Charge, Allowance of the Use of Tables

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any chart or table may be utilized for the
		  purpose of determining the rebate provided:
(1) It is prepared in accordance with the
		  actuarial method as required by Sections 2.210(5)(b) and 3.210(5)(b) of the
		  Consumer Protection Code;
(2) It is
		  based upon a calendar year (365 days) and takes into consideration days as well
		  as months in computing refunds of unearned finance charge; and
(3) It bears the name and address of the
		  person responsible for its production and an identification number assigned to
		  it by that person which shall be the same for each chart or table so produced
		  with like numerical content and configuration.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-55 - Employee's Revocable Authorization of a Deduction of Earnings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions: Definitions shall be those
		  contained in S.C. Code Ann. S. 37-1-100 et seq. (1976 as amended).
B. No Assignment of Earnings. A creditor may
		  not take an assignment of earnings of a consumer for payment or as security for
		  payment of a debt arising out of a consumer credit transaction. An assignment
		  of earnings is unenforceable by the creditor, including an assignee, and is
		  revocable by the consumer.
C.
		  Revocable Payroll Deductions: An employee may authorize deductions from his
		  earnings if the authorization is revocable. No deduction of earnings
		  authorizing the debtor's employer to withhold a specific amount from a debtor's
		  wages for payment of a debt arising out of a consumer sale, loan, lease or
		  rental-purchase agreement shall be considered revocable and otherwise in
		  compliance with Title 37 unless the consumer or, if authorized in writing by
		  the consumer, the creditor notifies his or her employer of the payroll
		  authorization in favor of the creditor and the authorization:
(1) Is in a writing:
(a) contained in a document separate from any
		  contract or agreement;
(b) executed
		  at the same time as the underlying transaction;
(c) bearing the debtor's signature and date
		  of signature; and
(d) a completed
		  copy of which is given to the debtor.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-60 - Unearned Finance Charge in "Extended First Payment" Transaction

Current through Register Vol. 48, No. 6, June 28, 2024
A. For purposes of this Rule "Extended First
		  Payment" means that the interval to the due date of the first installment
		  exceeds the computational period applicable to the transaction. "Computational
		  period" means (1) the interval between scheduled due dates of installments
		  under the transaction if the intervals are substantially equal or, (2) if the
		  intervals are not substantially equal, one month if the smallest interval
		  between the scheduled due dates of installments under the transaction is one
		  month or more, and otherwise, one week.
B. With respect to a transaction having an
		  extended first payment the creditor may not exclude the extra days in the first
		  interval or the charge for such extra days, in computing the unearned finance
		  charge when a rebate is required under Sections 2.210 or 3.210 of the Consumer
		  Protection Code.
C. A creditor who
		  makes a rebate not in compliance with this Rule in connection with a consumer
		  credit transaction made after the effective date of this Rule shall be deemed
		  to have received an excess charge for all purposes of the Consumer Protection
		  Code.
Statutory Authority: 1976 Code Sections
				37-2-210,
				37-3-210,
				37-6-506
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-62 - Adjustment of Dollar Amounts

Current through Register Vol. 48, No. 6, June 28, 2024
The dollar amounts referenced in Section
			 37-1-109(6)
			 shall change by increasing 10% with the exception of Sections
			 37-2-203(2)
			 and
			 37-3-203(2)
			  which have a self-executing formula of 40%.
			 These sections shall change by notice on July 1 of even-numbered years in
			 accordance with Section
			 37-1-109.
Statutory Authority: 1976 Code Sections
				37-1-109
				and
				37-6-104(1)(e)
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-70 - Filing and Posting Maximum Rate Schedules

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every creditor [Section
		  37-1-301(13)
		  ] other than an assignee of a credit obligation making consumer credit sales
		  [Section
		  37-2-104
		  ] in this State, and intending to impose a credit service charge in excess of
		  18% per annum in this State, and every creditor [Section
		  37-1-301(13)
		  ] making supervised loans [Section
		  37-3-501(1)
		  ] or restricted loans [Section
		  37-3-501(3)
		  ] in this State, shall:
(1) file with the
		  Department of Consumer Affairs a rate schedule as shown on the Department's
		  internet website. The original of the rate schedule shall be filed together
		  with a fee of forty dollars per location, and
(2) post in one conspicuous place in every
		  place of business in this State in which offers to make consumer credit sales,
		  supervised loans or restricted loans , a maximum rate schedule issued by the
		  Department of Consumer Affairs pursuant to Subsection (A)(1). No posted rate
		  schedule shall contain any statement, stamp of approval, or any language or
		  symbol which suggests or implies that the posted rate(s) are suggested, or
		  individually approved by the Department of Consumer Affairs or any other agency
		  of State or Federal government.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-80 - Motor Club Certificate of Authority

Current through Register Vol. 48, No. 6, June 28, 2024
A.
		  DEFINITIONS
Definitions shall be those contained in the South Carolina Motor
			 Club Services Act, S.C. Code Ann. S. 39-61-10 et seq. (1976 as amended).
B. CERTIFICATES OF AUTHORITY
(1) All organizations wishing to provide
		  motor club services in this State must first obtain a Certificate of Authority
		  from the Administrator. Initial applications for the Certificates shall be made
		  on a form prescribed by the Administrator.
(2) Certificates of Authority expire on
		  October 31. The renewal period will be between September 1 and October 31 of
		  each year. Renewal applications shall be made on a form prescribed by the
		  Administrator and must be accompanied by a copy of the club's most recent
		  financial statement certified by two principal officers of the club, or in the
		  case of partnerships or sole proprietorships, by a partner or the
		  proprietor.
(3) Issuance of a
		  Certificate of Authority does not indicate approval or acceptance of the terms
		  of any contract, agreement or other document submitted in support of the
		  application. No organization providing motor club services shall in any way
		  represent that it services, payment schedules or terms of membership are
		  approved by the State or any state agency.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-90 - Discount Medical Plan Certificate of Registration

Current through Register Vol. 48, No. 6, June 28, 2024
A. DEFINITIONS
Definitions shall be those contained in S.C. Code Ann. S.
			 37-1-101 et seq., including 37-17-10 et seq. (1976 as amended) and the
			 following:
(1) "Card" means the
		  instrument issued by a discount medical plan organization for a customer or
		  user to access benefits of the discount medical plan.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-400 - Licensing of Mortgage Brokers

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions
		  - Definitions shall be those contained in the Licensing of Mortgage Brokers
		  Act, S.C. Code Ann. Section40-58-10
		  et seq.; Secure and Fair Enforcement for Mortgage Licensing Act of 2008,
		  12
		  USC 5101 et seq.; S.A.F.E. Mortgage Licensing
		  Act, 12 CFR Part 1008 and the following:
(1)
		  Act - means the Licensing of Mortgage Brokers Act, S.C. Code Ann.
		  Section40-58-10
		  et seq.
(2) Co-brokering - means
		  any sharing, regardless of percentage, of mortgage broker services or fees by
		  two or more licensed mortgage brokers on behalf of a borrower.
(3) Day - means all calendar days including
		  Saturdays, Sundays and legal public holidays.
(4) Employee for purposes of compliance with
		  the federal income tax laws - means a natural person whose manner and means of
		  performance of work are subject to the right of control of, or are controlled
		  by, a person, and whose compensation for Federal income tax purposes is
		  reported, or required to be reported, on a W-2 form issued by the controlling
		  person. (See IRS Publication 1779 and Form SS-8).
(5) Loan correspondent - means a person
		  engaged in the business of making mortgage loans as a third party originator
		  and who does not engage in all three of the following activities with respect
		  to each mortgage loan: underwrite the mortgage loan by their employees, approve
		  the mortgage loan, and fund the mortgage loan utilizing an unrestricted
		  warehouse or credit line. A loan correspondent is not a mortgage lender for
		  purposes of compliance with S.C. Code Section37-22-110 et
		  seq.
(6) Loss mitigation - means
		  the practice of offering to provide or providing, in a for profit context, a
		  service, plan, or program that is represented expressly or by implication to
		  assist the borrower to prevent, delay, or otherwise avoid foreclosure,
		  including, but not limited to, loan modifications, short sales, and deeds in
		  lieu of foreclosure. This definition does not include persons acting
		  exclusively for or as a bona fide nonprofit organization as determined by the
		  Department or mortgage lenders/servicers licensed pursuant to S.C. Code
		  Section37-22-110 et seq.,
		  when acting for mortgage loans they own or service.
South Carolina Code of Regulations › Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS › Section 28-500 - "Lemon Law" Records

Current through Register Vol. 48, No. 6, June 28, 2024
A. DEFINITIONS
Definitions shall be those contained in the Enforcement of Motor
			 Vehicle Express Warranty Act, S.C. Code Ann. 56-28-10 et seq. (1976 as
			 amended)
B. RECORD KEEPING
(1) Between January 1 and January 31 of each
		  year each manufacturer of new motor vehicles sold in this State shall provide a
		  report, on a form provided by the Administrator, containing a written summary
		  of all vehicles repurchased or replaced under Chapter 28 of Title 56 of the
		  South Carolina Code of Laws. These reports shall contain at least the name and
		  address of the customer, the make, model, color or colors, vehicle
		  identification number, and sales price of the motor vehicle, as well as a short
		  description of the nonconformity or nonconformities complained of by the
		  customer.
(2) Upon request of the
		  administrator, the manufacturer shall make available for the inspection of the
		  administrator or his designee, any paperwork, reports or other information
		  regarding automobiles repaired or replaced or otherwise subject to the
		  provisions of Chapter 28 of Title 56 of the South Carolina Code of Laws. Such
		  information shall include, without limitation:
(a) repair orders or repair date
		  logs;
(b) parts receipts or
		  invoices;
(c) retail installment
		  contracts;
(d) written or
		  electronic documentation of diagnostic testing;
(e) reports of customers or regional
		  representatives;
(f) parts
		  themselves that have been retained;
(3) Upon a manufacturer's failure to provide
		  the reports required by B(1) above, or upon a manufacturer's failure to respond
		  to or upon an incomplete or evasive response to the administrator's reasonable
		  request pursuant to B(2) above, the administrator may fine the manufacturer a
		  penalty of up to one thousand (1,000.00) dollars for each failure; after notice
		  and a hearing conducted pursuant to the Administrative Procedures Act (Act 176
		  of 1977 as amended.) After notice to the manufacturer, each day in which the
		  manufacturer is shown to have failed to comply will be deemed a separate
		  violation.