South Carolina Administrative Code

67-708. Postponement. A. A review hearing may be postponed for the reasons in R.67-613. B. Either party may contact the Commission’s Judicial Department to request postponement. A case may be postponed administratively. C. When the appellant has caused postponement of a review he…

67-710. Settlement of a Claim Pending Review. A. If the parties settle a claim after filing a Form 30, the appellant shall immediately notify the Commission’s Judicial Department in writing. B. The Judicial Department will remove the case from the review hearing docket or notify …

67-712. Requesting Higher Court Review. A. The appellant shall notify the Judicial Department of any and all subsequent appeals. B. The prevailing party shall provide the Judicial Department with a copy of any orders issued by the courts on appeal. The prevailing party shall also…

67-802. Settlement, Form 16, Form 16A. A. If the parties agree to the terms of a Form 16 or Form 16A, the employer’s representative shall complete a Form 16 or Form 16A by recording the claimant’s compensation rate; the percent of disability agreed upon disfigurement, if any; and…

67-803. Settlement by Agreement and Final Release. A. If the parties agree to the terms of a settlement by entering into an Agreement and Final Release, the document shall include the following: (1) The caption of the claim; (2) A statement of the facts at issue; (3) The date and…

67-804. Informal Conference. A. Appearances at Informal Conferences. (1) A claims mediator may appear on behalf of a Commissioner at an informal conference when the purpose of the informal conference is to: (a) review a proposed Form 16 or Form 16A settlement when the total amoun…

67-805. Third Party Settlements. A. The distribution of third party settlement proceeds must be filed with the Commission unless otherwise directed by a court of competent jurisdiction. B. File the settlement documents with the Claims Department. C. If the parties agree, third pa…

67-901. Notification that a Fatality has Occurred, Required. A. The employer’s representative must state on the Form 12A a fatality has occurred. B. If after a Form 12A is filed the claimant dies, the employer’s representative must notify the Commission’s Claims Department by let…

68-15. Repealed. HISTORY: Former Regulation, titled Use of Loan Proceeds, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-20. Repealed. HISTORY: Former Regulation, titled Terms of Loan Agreements, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-25. Repealed. HISTORY: Former Regulation, titled Loan Application Requirements, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-30. Costs and Fees. All fees, including but not limited to accountant’s fees, attorney’s fees, feasibility studies, appraisals, and other costs will be expenses of the applicant. Issuer Fee Schedule is as follows: A. Application Fee $1,000 - non-refundable and in addition to i…

68-35. Repealed. HISTORY: Former Regulation, titled Designation of Economically Distressed Areas, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-45. Repealed. HISTORY: Former Regulation, titled Community Block Grant Loans, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-55. Repealed. HISTORY: Former Regulation, titled Bond Issues, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

68-65. Repealed. HISTORY: Former Regulation, titled Loans to Export Businesses, repealed by SCSR 46-5 Doc. No. 4993, eff May 27, 2022.

69-12.1. Replacement of Life Insurance and Annuities. Statutory Authority: 1976 Code §§ 1-23-10, 38-3-110, 38-57-60, 38-63-10, 38-63-20, 38-63-660, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-69-330 Section 1. Purpose and Scope A. The purpose of this regulation is: (1) To regulate…

69-13.3. Uniform Class and Territory Plan—Motorcycles. The purpose of this Order is to amend portions of Order O9-74 which promulgated a uniform class plan and territory plan for motorcycle risks. For physical damage insurance purposes, the subgroups are discontinued and the clas…

69-15. South Carolina Deposits Required of Insurers. Under S. C. Code Section 38-9-80 (1976), every domestic, foreign or alien insurance company, transacting or desiring to transact business in South Carolina is required to make deposits with the director or his designee in accor…

69-16. Motor Vehicle Damage Appraisers; General Methods by Which Such Appraisers Shall Conduct Their Business; Suspension or Revocation of an Appraiser’s License. 1. As used herein, the word ‘‘appraiser’’ means any person who, or any partnership, association, or corporation which…

69-17. Advertising of Accident and Health Insurance. (Statutory Authority: 1976 Code § 38-3-60(1)) Section 1. Purpose. The purpose of these rules is to assure truthful and adequate disclosure of all material and relevant information in the advertising of accident and sickness ins…

69-24. Workmen’s Compensation—Dividends to Policyholders. Section 1. Background and Purpose. It has come to the attention of the South Carolina Insurance Commission that some Workmen’s Compensation insurers and agents may be using unfairly discrimi- natory and other misleading pr…

69-25. Prohibition Against Decreases in Income Benefits From Group Disability Policies Due to Increases in Social Security Benefits. Section 1. Purpose. The purpose of this Regulation is to prohibit insurers from including an offset of increased social security benefits in group …

69-3. Definitions. 1. Except as may be otherwise set forth by the Statutes of this State, the following words and phrases, whenever and wherever they appear in matters under the cognizance of this Commission, shall have the meaning ascribed herein: Accepting insurer—The Company t…

69-30. Life Insurance Disclosure Regulation. This regulation requires that all persons selling or soliciting the sale of life insurance furnish to prospective purchasers certain basic information to enable these purchasers to accurately determine their insurance needs and to make…

69-31. Practice and Procedure for Hearings Before the Chief Insurance Commissioner under the State Administrative Procedures Act, Act No. 176 of 1977. A. Scope of rules: The rules of procedure in this regulation govern the practice for hearings, decisions, and administrative revi…

69-38. Regulation Permitting Smoker/Nonsmoker Mortality Tables for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits. (Statutory Authority: 1976 Code §§ 38-3-110, 38-9-180, 38-63-600(8)(f)) SECTION 1. Purpose. The purpose of this regulation is to permit th…

69-40. Life Insurance Policy Illustration Rules. Section 1. Purpose The purpose of this regulation is to provide rules for life insurance policy illustrations that will protect consumers and foster consumer education. The regulation provides illustration formats, prescribes stand…

69-40.1. Use of Senior-Specific Certifications and Professional Designations in the Sale of Life Insurance and Annuities. Section 1. Purpose The purpose of this regulation is to set forth standards to protect consumers from misleading and fraudulent marketing practices with respe…

69-41. Prepaid Dental Service. (Statutory Authority: 1976 Code §§ 38-3-110, 38-1-20(1), 1-23-10) A. Introduction. In Act No. 40 of 1979, the South Carolina General Assembly amended S. C. Code § 38-5-20(b)(1976) [recodified as § 38-1-20(1)], so as to add ‘‘prepaid dental service’’…

69-43. Group Health Insurance Coordination of Benefits. Section 1. Authority. This regulation is promulgated under S. C. Code §§ 38-3-110(2) and 38-71-720 (1976), as amended. Section 2. Purpose and Applicability. A. The purpose of this regulation is to: (1) Permit, but not requir…

69-44. LONG TERM CARE INSURANCE. Section 1. Purpose The purpose of this regulation is to implement S.C. Code Section 38-72-10 et seq., to promote the public interest, to promote the availability of long term care insurance coverage, to protect applicants for long term care insura…

69-45. Data Reporting and Determination of Excess Profits. Section 1. Purpose. The purpose of this regulation is to provide standards for both the reporting of the loss and expense experience data required by South Carolina Code Section 38-13-300 (1976), as amended, as well as fo…

69-46. MEDICARE SUPPLEMENT INSURANCE. (Statutory Authority: 1976 Code Sections 1-23-110 et seq., 38-3-110, and 38-17-530) Editor’s Note Unless otherwise noted, the following constitutes the history for 69-46, Section 1 to App. C. HISTORY: Added by State Register Volume 13, Issue …

69-47. Private Review Agents. (Statutory Authority: 1976 Code §§ 38-70-60, 1-23-10 et seq., and Acts 311 of 1990) I. Purpose. The purpose of this regulation is to implement and enforce the provisions and statutory requirements contained in Act 311 of 1990 and to establish applica…

69-48. Life And Health Reinsurance Agreements. (Statutory Authority: 1976 Code §§ 38-3-110(1), 38-9-170(1)(b), 38-9-190, and 1-23-10 et seq.) Section I. Preamble. A. The South Carolina Department of Insurance recognizes that licensed insurers routinely enter into reinsurance agre…

69-5. Policy Approvals. On January 1, 1962, and thereafter, every industrial life insurance policy or contract submitted to this Department for approval by a domestic insurance company, must be accompanied by the appropriate net premium and terminal reserve, except in those insta…

69-50. Continuing Insurance Education. I. Purpose The purpose of this regulation is to establish rules and standards which shall apply to continuing insurance education for individuals qualified or licensed to act as insurance producers in this State. II. Scope A. The rules conta…

69-52. Actuarial Opinion And Memorandum Regulation. Section I. Purpose The purpose of this regulation is to prescribe: A. Requirements for statements of actuarial opinion that are to be submitted in accordance with Section 38-9-180 of the Code of Laws of South Carolina (hereinaft…

69-53. Credit for Reinsurance. (Statutory Authority: 1976 Code §§ 1-23-110 et seq., 38-3-110 et seq., 38-9-200) Section I. Purpose. The purpose of this regulation is to set forth rules and procedural requirements which the director or his designee deems necessary to carry out the…

69-54. Experience Modification for Staff Leasing Services Companies in the Workers Compensation Assigned Risk Plan. (Statutory Authority: 1976 Code §§ 40-68-120(D), 38-3-110(2), 1-23-10 et seq.) I. Purpose. The purpose of this regulation is to implement Section 40-68-120(D), Code…

69-56. Hurricane, Named Storm or Wind/Hail Deductible. Under S. C. Code Ann. Section 38-73-70 (1976), the Department of Insurance may make reasonable regulations for the enforcement of Chapter 73 entitled ‘‘Property, Casualty, Inland Marine and Surety Rates and Rate-making Organi…

69-57. Valuation of Life Insurance Policies. Section 1. Purpose. A. The purpose of this regulation is to provide: (1) Tables of select mortality factors and rules for their use; (2) Rules concerning a minimum standard for the valuation of plans with nonlevel premiums or benefits;…

69-57.1. Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits. (Statutory Authority: 1976 Code §§ 38-3-110, 38-9-180, 38-63-510 et seq., 1-23-110 et seq.) Section 1. Authority Section 2. Purpose Section 3. Defin…

69-57.2. Recognition of Preferred Mortality Tables for Use in Determining Minimum Reserve Liabilities. (Statutory Authority: 1976 Code §§ 38-9-180 and 1-23-10 et seq.) Section 1. Authority Section 2. Purpose Section 3. Definitions Section 4. 2001 CSO Preferred Class Structure Tab…

69-57.3. Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values. Section 1. Authority Section 2. Scope Section 3. Purpose Section 4. Definitions Section 5. Minimum Valuation Mortality Standards Section 6. Minimum Valuation Interest R…

69-58. PRIVACY OF CONSUMER FINANCIAL AND HEALTH INFORMATION. (Statutory Authority: 1976 Code Sections 1-23-110 et seq., 38-3-110, and Title V of Pub. Law 102-106, the Gramm-Leach-Bliley Act) Table of Contents ARTICLE I. GENERAL PROVISIONS Section 1. Authority Section 2. Purpose a…

69-6. Brokers’ Licenses. 1. No person shall be licensed as an insurance broker to represent citizens of this State for the placing of insurance unless such person, at the time the initial or renewal application is made for an insurance broker’s license, possesses a valid, current…

69-60. Captive Insurance Companies. Section 1. Purpose and Authority. The purpose of this regulation is to set forth the financial and reporting requirements which the director or his designee deems necessary for the regulation of captive insurance companies, as authorized by the…

69-61. Service Contracts. I. Purpose and Scope. A. This regulation establishes rules and standards to regulate service contracts marketed in the state of South Carolina. This regulation does not apply to: 1. warranties; 2. maintenance agreements; 3. commercial transactions; 4. wa…