South Carolina Administrative Code

28-26. Administrative Interpretations. 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 purs…

28-27. Petition for Adoption of Rules. 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 proposa…

28-28. Meetings. 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 me…

28-29. Actuarial Method 1.301. The ‘‘Actuarial Method’’ as described in S.C. Code Ann. Section 37-1-301(1) is the same actuarial method contemplated by the Federal Reserve Board in Regulation Z [12 C.F.R. Part 226], the implementing regulation of the Federal Truth in Lending Act.…

28-3. General Purposes of Department of Consumer Affairs. A. To further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable costs. B. To protect consumer buyers, …

28-30. Delinquent Notification Filing and Fee Payment. 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 viol…

28-4. Method of Operations. A. Functional Areas: The Department of Consumer Affairs is divided into six functional divisions. These are Administration, Consumer Services, Consumer Advocacy, Public Information and Edu- cation, Identity Theft Unit and Legal. (1) Administration: The…

28-40. Consumer Rental-Purchase. (Statutory Authority: 1976 Code §§ 37-2-702, 37-3-503, 37-6-104, 37-6-403, 37-6-506) A. Definitions. Definitions shall be those contained in S.C. Code Ann. 37-2-701 (1976 as amended). B. Recordkeeping (1) All books, agreement and records, and all …

28-400. Licensing of Mortgage Brokers. (Statutory Authority: 1976 Code Section 40-58-100 (as amended), 12 USC 5101 et seq., and 12 CFR Part 1008) A. Definitions - Definitions shall be those contained in the Licensing of Mortgage Brokers Act, S.C. Code Ann. Section 40-58-10 et seq…

28-5. Files, Records and Communications. 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 forward…

28-500. ‘‘Lemon Law’’ Records. (Statutory Authority: 1976 Code Sections 56-28-20 and 56-28-90) 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) Bet…

28-55. Employee’s Revocable Authorization of a Deduction of Earnings. 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 pa…

28-6. Application of the Federal Truth in Lending Act. 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 t…

28-60. Unearned Finance Charge in ‘‘Extended First Payment’’ Transaction. (Statutory Authority: 1976 Code §§ 37-2-210, 37-3-210, 37-6-506) A. For purposes of this Rule ‘‘Extended First Payment’’ means that the interval to the due date of the first installment exceeds the computat…

28-600. Licensing Standards for Continuing Care Retirement Communities. (Statutory Authority: 1976 Code Section 37-11-80) A. License Applications. (1) In addition to the requirements in Section 37-11-30(B), an application for a CCRC license must contain at least the following inf…

28-62. Adjustment of Dollar Amounts. (Statutory Authority: 1976 Code Sections 37-1-109 and 37-6-104(1)(e)) 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 fo…

28-7. Definitions Applying to Rules of Practice. 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)…

28-70. Filing and Posting Maximum Rate Schedules. 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 th…

28-700. Consumer Credit Counseling Requirements. (Statutory Authority 1976 Code Section 37-7-101, as amended) A. Definitions (1) Definitions shall be those contained in the Consumer Credit Counseling Act, S.C. Code Ann. Section 37-7-101 et seq. and the following: (a) ‘‘Fees and c…

28-78. Sale or Lease of Renewable Energy Facilities. A. Definitions: Definitions shall be those contained in Title 37 and the following: (1) ‘‘Advertisement’’ means an oral, written, graphic, or pictorial statement made in the course of soliciting for the sale or lease of a renew…

28-8. Notification and Fees Summary Procedures - Licensing. 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 Stat…

28-80. Motor Club Certificate of Authority. (Statutory Authority: 1976 Code Sections 39-61-10 et seq., Particularly Section 39-61-160) 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 am…

28-9. Other Cases - Summary Procedure. 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 o…

28-90. Discount Medical Plan Certificate of Registration. (Statutory Authority: 1976 Code Sections 37-17-10 et seq., Particularly Section 37-17-120) 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 amen…

28-900. Motor Vehicle Subleasing and Loan Assumption Brokers. (Statutory Authority: 1976 Code § 37-13-10 et seq.) A. Definitions Definitions shall be those contained in the Regulation of the Subleasing and Loan Assumption of Motor Vehicles Act. S.C. Code Ann. Section 37-13-10 et …

29-1. Examination Requirements; Classifications. The following classifications require passage of a technical examination, approved by the board: (1) building: (a) limited building contractor examination, license groups one, two, and three; (b) commercial building contractor exam…

29-10. Mechanical Contractors Licensure Requirements. (A) Any mechanical contractor with a process piping classification that was licensed prior to April 1, 1999, may install boilers and engage in any activity involving boiler maintenance, repair, or inspection. Any mechanical co…

29-100. Repealed. HISTORY: Former Regulation, titled Exemptions, had the following history: Added by State Register Volume 15, Issue No. 5, effective May 24, 1991. Amended by State Register Volume 36, Issue No. 6, eff June 22, 2012. Repealed by SCSR 44-2 Doc. No. 4848, eff Februa…

29-105. Repealed. HISTORY: Former Regulation, titled Plan Review Fees, had the following history: Added by State Register Volume 15, Issue No. 5, effective May 24, 1991. Amended by State Register Volume 36, Issue No. 6, eff June 22, 2012. Repealed by SCSR 44-2 Doc. No. 4848, eff …

29-11. Repealed. HISTORY: Former Regulation, titled Owner-Prepared Financial Statement, had the following history: Added by State Register Volume 24, Issue No. 5, eff May 26, 2000. Amended by State Register Volume 36, Issue No. 6, eff June 22, 2012. Repealed by SCSR 44-2 Doc. No.…

29-110. Repealed. HISTORY: Former Regulation, titled Violations, Complaints, had the following history: Added by State Register Volume 15, Issue No. 5, effective May 24, 1991. Amended by State Register Volume 36, Issue No. 6, eff June 22, 2012. Repealed by SCSR 44-2 Doc. No. 4848…

29-12. General Contractors-Highway Classification. Any contractor that has been issued all of the following license classifications referenced in Section 40-11-410(2) will be designated as HIGHWAY (HY) on the license card and license certificate: (1) Bridges; and (2) Concrete Pav…

29-13. Mechanical Contractors — Air conditioning, Heating and Packaged Equipment. 1. Each contractor licensed in these mechanical contractors sub classifications shall conspicuously display the mechanical contractor license issued to it by the South Carolina Department of Labor, …

29-14. Surety Bond Claims. (A) A claim on a surety bond issued pursuant to Section 40-11-262 shall be filed directly with the surety company by the claimant on a claim form approved by the Board. A claimant is not required to receive authorization from the Board to file a bond cl…

29-2. Repealed. HISTORY: Former Regulation, titled Group One Licensure Requirements, had the following history: Amended by State Register Volume 12, Issue No. 5, eff May 27, 1988; State Register Volume 23, Issue No. 6, eff June 25, 1999; State Register Volume 36, Issue No. 6, eff…

29-3. Financial Statements. (A) Where an applicant is required to have a financial statement submitted by a certified public accountant, the board may accept a financial statement based on ‘‘Other Comprehensive Basis of Accounting’’ (OCBOA) or on an accepted international account…

29-4. Repealed. HISTORY: Former Regulation, titled Inactive License, had the following history: Amended by State Register Volume 7, Issue No. 6, eff June 24, 1983; State Register Volume 9, Issue No. 2, eff February 22, 1985; State Register Volume 12, Issue No. 5, eff May 27, 1988…

29-5. Construction Management Licensure Requirements. (A) An architectural or engineering entity acting as a construction manager shall file an application with the department designating one professional license of a full-time employee employed by the entity to qualify the entit…

29-6. Repealed. HISTORY: Former Regulation, titled Residential Construction Licensure Requirements, had the following history: Amended by State Register Volume 23, Issue No. 6, eff June 25, 1999; State Register Volume 36, Issue No. 6, eff June 22, 2012. Repealed by SCSR 44-2 Doc.…

29-7. Fees. (A) Fees shall be as specified in Chapter 10 of the Code of Regulations or as may be modified in accordance with law. (B) Fees, except replacement fees, may be adjusted on a biennial basis as appropriate. HISTORY: Amended by State Register Volume 7, Issue No. 6, eff J…

29-75. Repealed. HISTORY: Former Regulation, titled Applications, Fees, had the following history: Added by State Register Volume 15, Issue No. 5, effective May 24, 1991. Amended by State Register Volume 36, Issue No. 6, eff June 22, 2012. Repealed by SCSR 44-2 Doc. No. 4848, eff…

29-8. Administrative Penalties. Administrative penalties assessed pursuant to a citation under Section 40-11-100 shall be for the following: (A) entering into a contract with an unlicensed contractor for work to be performed for which a license is required; or (B) failure to obta…

29-80. Repealed. HISTORY: Former Regulation, titled Certificate Holder; Grandfathered Qualifier, had the following history: Added by State Register Volume 15, Issue No. 5, effective May 24, 1991. Amended by State Register Volume 36, Issue No. 6, eff June 22, 2012. Repealed by SCS…

29-85. Repealed. HISTORY: Former Regulation, titled Transfer of Qualifications, had the following history: Added by State Register Volume 15, Issue No. 5, effective May 24, 1991. Amended by State Register Volume 36, Issue No. 6, eff June 22, 2012. Repealed by SCSR 44-2 Doc. No. 4…

29-9. Change of Address. (A) Each licensee must maintain a current mailing address, business street address, and business telephone number. (B) Each licensee must notify the department within fifteen days of any changes listed above in (A). HISTORY: Amended by State Register Volu…

29-90. Repealed. HISTORY: Former Regulation, titled Renewals, had the following history: Added by State Register Volume 15, Issue No. 5, effective May 24, 1991. Amended by State Register Volume 36, Issue No. 6, eff June 22, 2012; State Register Volume 38, Issue No. 6, Doc. No. 44…

29-95. Repealed. HISTORY: Former Regulation, titled Contract Bids, Awards, had the following history: Added by State Register Volume 15, Issue No. 5, effective May 24, 1991. Amended by State Register Volume 17, Issue No. 5, Part 1, eff May 28, 1993. Repealed by SCSR 44-2 Doc. No.…

30-10. Critical Area Boundaries. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Coastal Waters and Tidelands: (1) The Department has permit authority over the coastal waters and tidelands critical areas define…

30-11. General Guidelines for all Critical Areas. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Preface: The critical areas are of vital importance to the State, and there is strong and growing pressure for t…

30-12. Special Project Standards for Tidelands and Coastal Waters. (Statutory Authority: 1976 Code §§ 48-6-10 et seq., 48-39-10 et seq., and 2023 Act No. 60, effective July 1, 2024) A. Docks and Piers: A dock or pier is a structure built over and/or floating on water and is used …