South Carolina Administrative Code

27-84. Disposition of Certificates. In all cases, certificates and permits shall be furnished by the carrier to the consignee at the destination of the shipment.

27-85. Movement for Scientific Purposes. Regulated articles may be moved for experimental or scientific purposes in accordance with specified conditions provided a scientific permit is securely attached to the container of such articles or to the article itself.

27-86. Compliance Agreement. As a condition of issuance of certificates for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, or moving such articles may be required to sign a compliance agreement stipulating that he will main…

27-87. Inspection and Disposal. Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within or from the State of South Carolina upon probable cause to believe that such articles are infected with the phon…

27-88. Removal of Areas from Regulation. When satisfactory evidence has been presented that no phony peach disease has been found for a period of three consecutive years in a county affected by this quarantine, said county may be removed from regulation.

27-89. Waiver of Liability. The South Carolina State Crop Pest Commission disclaims liability for any cost incident to inspection or treatment required under the provisions of this quarantine, other than for the services of the South Carolina State Crop Pest Commission.

27-90. Penalties. Under provisions of the Act creating a State Crop Pest Commission approved March 1912, any person who shall violate any of the regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished by law.

27-91. Regulated Areas. The following are designated as regulated areas: 1. Those areas of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, Tennessee and Texas, which are under regulations by their respective state authorities or any other st…

28-1. Authority for and Division of Rules. 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 …

28-10. Deleted by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 28-10 was titled ‘‘Place of Hearings’’ and was derived from State Register Volume 17, Issue No. 2, eff February 26, 1993.

28-100. Physical Fitness Services Center—Certificates of Authority and Financial Respon- sibility. (Statutory Authority: 1976 Code Sections 44-79-10, 44-79-80, 44-79-90, 44-79-100, and 44-79-120) A. Definitions Definitions shall be those contained in the South Carolina Physical F…

28-1000. Professional Employer Organizations. A. Definitions. (1) ‘‘Biennium’’ means the two-year licensing cycle which ends on September 30 of every odd- numbered year. (2) ‘‘Co-employer’’ means either a professional employer organization or a client company, as defined in Secti…

28-11. Deleted by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 28-11 was titled ‘‘Case Numbers and Titles’’ and was derived from State Register Volume 17, Issue No. 2, eff February 26, 1993.

28-1100. Prepaid Legal Services Certificate of Registration. Statutory Authority: 1976 Code Sections 37-16-10 et seq., Particularly Section 37-16-90 A. DEFINITIONS (1) Definitions shall be those contained in S.C. Code Ann. S. 37-16-10 et seq. (1976 as amended) and the following: …

28-12. Deleted by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 28-12 was titled ‘‘Form and Size of Papers’’ and was derived from State Register Volume 17, Issue No. 2, eff February 26, 1993.

28-13. Filing and Service. 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, proper…

28-14. Procedure. 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). HISTORY: A…

28-15. Witnesses. 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 inqui…

28-16. Deleted by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 28-16 was titled ‘‘Contents of Formal Complaint’’ and was derived from State Register Volume 17, Issue No. 2, eff February 26, 1993.

28-17. Deleted by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 28-17 was titled ‘‘Answers’’ and was derived from State Register Volume 17, Issue No. 2, eff February 26, 1993.

28-18. Deleted by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 28-18 was titled ‘‘Pleadings and Action’’ and was derived from State Register Volume 17, Issue No. 2, eff February 26, 1993.

28-19. Investigative Cases. Commenced by Administrator: On his own motion the Administrator may institute an investigative case inquiring into any matters or the acts of any person which are subject to the Code. HISTORY: Amended by State Register Volume 17, Issue No. 2, eff Febru…

28-2. Organization. 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 ad…

28-20. Hearings. Hearings shall be conducted as set forth by the rules of the Administrative Law Court. HISTORY: Amended by State Register Volume 17, Issue No. 2, eff February 26, 1993; State Register Volume 37, Issue No. 5, eff May 24, 2013.

28-200. Pawnbroker Certificate of Authority. (Statutory Authority: 1976 Code §§ 40-39-10 et seq.) A. DEFINITIONS Definitions shall be those contained in the S.C. Pawnbroker Act, S.C. Code Ann. Section 40-39-10 et seq. (1976 as amended). B. CERTIFICATES OF AUTHORITY (1) All organi…

28-21. Deleted by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 28-21 was titled ‘‘Evidence’’ and was derived from State Register Volume 17, Issue No. 2, eff February 26, 1993.

28-22. Deleted by State Register Volume 37, Issue No. 5, eff May 24, 2013. Editor’s Note Former R. 28-22 was titled ‘‘Close of Hearing’’ and was derived from State Register Volume 17, Issue No. 2, eff February 26, 1993.

28-23. Decision of Administrator. 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 corr…

28-24. Rehearing and Review. 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 part…

28-25. Declaratory Rulings. 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…

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)…