South Carolina Administrative Code

79-10. Issuance of License after Denial or Revocation. A person or an entity for which a license was denied or revoked may not reapply for a license within twelve (12) months after the date of the action. Before the license may be issued, a new application and a written petition …

79-11. Manufacturer. A. A manufacturer’s license entitles its holder to sell or offer for sale manufactured homes in the State of South Carolina. B. For licensing purposes each plant or location of a manufacturer, firm or corporation shall be treated as a separate entity and adhe…

79-12. Retail Dealer. (A) A retail dealer’s license entitles its holder to engage in the business of selling, exchanging, buying for resale, offering or attempting to negotiate sales or exchanges of new and/or pre-owned manufac- tured homes. A person or entity that performs any o…

79-13. Records to Be Kept by Retail Dealer. Each retail dealer shall keep records in such form as shall be prescribed by the Board. Such records shall include, but not be limited to: (1) A record of the purchase, sale or exchange, or receipt for the purpose of sale, of any manufa…

79-14. Responsibility of Retail Dealer for Test Inspections and Other Items. A. The retail dealer shall inspect every new manufactured home upon delivery from a manufactur- er to determine if the home fails to conform to the Standards or contains an imminent safety hazard. Whenev…

79-15. Retail Dealer Sales Transactions. A. Each retail dealer shall furnish each Consumer purchasing a manufactured home a copy of any and all documents pertaining to the sale of the manufactured home, which include, but are not limited to, the following: (1) A Copy of Purchase …

79-16. Handling of Funds. A. All monies received by a salesperson or multi-lot salesperson in connection with the sale of a manufactured home shall be immediately delivered to the retail dealer. B. A salesperson or multi-lot salesperson shall not commingle monies or any other val…

79-17. Contracts; Deposits and Down Payments; Rescission. (A) For the purposes of this Regulation, an agreement to purchase a manufactured home will be deemed valid prior to closing, if the agreement is in writing, is signed and dated by the buyer and seller on the same date, and…

79-18. Retail Dealer Supervision of Employees. A. A retail dealer shall adequately supervise and control employees. The failure of a retail dealer to undertake appropriate corrective action within a reasonable period of time after that retail dealer has actual knowledge of a viol…

79-19. Salesperson. (A) A salesperson’s license entitles its holder to be employed for remuneration or consideration by a retail dealer to engage in the sale of new and/or pre-owned manufactured homes through that retail dealer. (B) Each salesperson must be licensed individually.…

79-2. License Classifications. Any person, prior to engaging in any business regulated by the Act, shall obtain a license in accordance with the Act and these Regulations. The South Carolina Manufactured Housing Board shall issue licenses in the following classifications: (1) Man…

79-20. Multi-Lot Salesperson. (A) A multi-lot salesperson’s license entitles its holder to be employed by a retail dealership with multiple lot locations having the same ownership for remuneration or consideration, to engage in the sale of new and/or pre-owned manufactured homes …

79-21. Installers. (A) An installer’s license entitles its holder to install manufactured homes on a contract or subcon- tract basis for manufacturers, dealers or home purchasers. All work must be in compliance with all applicable federal, state statutes, regulations and standard…

79-22. Repairers. (A) A repairer’s license entitles its holder to modify or repair manufactured homes on a contract or subcontract basis for manufacturers, dealers or home purchasers. All work must be in compliance with all applicable federal, state statutes, regulations and stan…

79-23. Contractors. (A) A contractor’s license entitles its holder to install, modify or repair manufactured homes on a contract or subcontract basis for manufacturers, dealers or home purchasers. All work must be in compliance with all applicable federal, state statutes, regulat…

79-24. Installers, Repairers and Contractors. (A) To qualify for licensure as a manufactured housing installer, repairer or contractor, the applicant must: (1) show proof of a minimum of two (2) years experience in the actual practice of the discipline for which the license is ap…

79-25. Standard of Conduct. A. No licensee shall aid or abet an unlicensed person to evade the provisions of the Act or Regulations: knowingly combine or conspire with, or act as an agent, partner, or associate for an unlicensed person. B. No licensee shall use dual sets of contr…

79-26. Fees. (A) All fees are payable in advance and must be accompanied by an application. (B) The Board may charge fees as shown in South Carolina Code of Regulations Chapter 10-22 and on the South Carolina Board of Manufactured Housing website at http://llr.sc.gov/POL/Manufact…

79-27. Manufactured Home Show Permits. (A) Permits for display or offering homes for sale at locations other than the normal business location must be obtained from the Department. Written notice of display, show, date/time, location, names and addresses of retail dealers, number…

79-28. Training. (A) Prior to issuance of an installers, repairers, contractors, retail dealers or salespersons license, the applicant must submit proof of training as approved by the Board. (B) All training providers, course curriculums, examinations and any other criteria neces…

79-29. Examinations. (A) License applications and licensing requirements are available from the Department. The applicant shall contact and arrange with a Service Provider approved by the Department for taking the examination. The approved Service Provider shall provide the appli…

79-3. License Application Requirements. (A) Applications for manufactured housing license shall contain but not be limited to the following: (1) Each applicant for license shall have attained the age of eighteen (18); (2) The name of the person or business applicant; (3) The addr…

79-30. Failure of Examination. Any person who fails to achieve a passing score on the examination shall be eligible for further examination for a one year period upon payment of necessary examination fee. If the applicant has not passed the exam within one year, the applicant mus…

79-31. Complaints and Hearings. (A) Any person claiming to be injured by an alleged violation of the Act or these Regulations may file a written complaint with the Department which shall contain the name and address of the licensee(s) against whom the complaint is made, a concise…

79-32. Complaints from Other than Consumers. A. All complaints against licensees shall be in writing. B. The Board will not enter into disputes between licensees or between licensees and business associates over payment of salaries, wages, debts or commissions: however, the Board…

79-33. Hearing Examiner. The Board shall designate one or more individuals who will act as a Hearing Examiner and who will not be a member of the Board. The Hearing Examiner shall hold hearings in accordance with the Act and Regulations and shall have power to administer oaths an…

79-34. State Administrative Agency (SAA) Handling of Consumer Complaints. The handling of consumer complaints under the State Administrative Agency Program (SAA) is separate and distinct from the handling of complaints under the State Licensing Program. All complaints concerning …

79-35. Increase of Surety Bond or Other Approved Security Requirements. (A) The Board may upon finding a licensee in violation of the provisions of the Act or Regulations increase the surety bonding or other approved security amount requirement not to exceed the maximum amount al…

79-36. Reduction of Surety Bond or Other Approved Security Requirements. A licensee may, after twelve (12) months of increased surety bonding or other approved security requirements, petition the Board in writing for the surety bonding or other approved security requirement to be…

79-37. Claims against Surety Bond or Other Approved Security. A. In the event the responsible licensee(s) is unavailable or otherwise fails to resolve a complaint registered by a consumer, a claim may be filed against the surety bond or other approved security of the appropriate …

79-38. Inspections. A. An inspector may enter, at any reasonable time, any licensee’s premises where manufactured homes are manufactured, sold, or offered for sale, and inspect any documents and records required to be maintained under the Act and Regulations. The Department may d…

79-39. Injunction. The Department may enforce the provisions of the Uniform Standards Code for Manufactured Housing Act by injunction or mandamus or any proper legal proceeding in the circuit court of the county in which the offense was committed. HISTORY: Added by State Register…

79-4. Financial Responsibility. Applicants applying for license in the following classifications will be required to demonstrate financial responsibility in the following manner: (1) Salespersons and Multi-Lot Salespersons: (a) A credit report may be made on each new applicant, o…

79-40. National Manufactured Housing Construction and Safety Standards. The South Carolina Manufactured Housing Board hereby adopts the standards contained in the National Manufactured Housing Construction and Safety Act of 1974, 42 U.S.C. 5401 et. seq., as amended. HISTORY: Adde…

79-41. National Manufactured Housing Construction and Safety Regulations. The South Carolina Manufactured Housing Board hereby adopts the manufactured home procedur- al and enforcement regulations 24 C.F.R. 3282, as amended, promulgated by the Department of Housing and Urban Deve…

79-42. Manufactured Home Installation Requirements. A. Scope and Applicability. All new manufactured homes in the State of South Carolina must be installed per the Manufacturers Installation Instructions or in the event the Manufacturers installation instructions are not availabl…

79-43. Used Manufactured Home Minimum Habitability Requirements. (A) Scope and Applicability. No person or retail dealer shall sell to a consumer for occupancy any used manufactured home to be used for the purpose of living, sleeping, cooking, or eating therein, which does not co…

79-44. Retail Managers; Finance Managers. A. Persons designated as retail managers must be licensed as retail salespersons. A retail manager is any person who has the authority to act on behalf of a retail dealer in the management of a retail center or to supervise any function t…

79-5. Bad Checks. Checks issued to the Manufactured Housing Board or by order of the Board by any retail dealer, manufacturer, salesperson, multi-lot salesperson, installer, repairer or contractor which are dishonored by the financial institution for any reason, and which are not…

79-6. License Renewal. (A) Penalty for failure on the part of the applicant to file a renewal application shall be as follows: (1) A late fee will be assessed for applications received after the end of the renewal period. (2) If a licensee fails to renew within six months the app…

79-7. Change of Business Name/Address. Any licensed entity changing business name, address or any other information as presented on the original application must notify the Department within twenty (20) days by completing an updated application. The licensee shall not do business…

79-8. Release of Surety Bond or Other Approved Security. If a licensee does not conduct business within a thirty (30) day period after issuance of a license by the Board, the purchaser or indemnifier of the licensee’s surety bond or other approved security may petition the Board …

79-9. Board Authorized to Make Investigations and Deny, Suspend or Revoke Licenses. A. The Board may, if it deems necessary, cause an investigation to be made to ascertain if all the criteria set forth in an application for license are true and shall not issue a license to the ap…

80-005. Functions of the South Carolina Naval Militia. 1. The South Carolina Naval Militia (SCNM) is a Federally recognized State force pursuant to 10 USC 261 and 10 USC 311, organized, commanded and administered as a component of the Organized Militia of the State of South Carol…

80-010. Organization of the SCNM. 1. The SCNM is organized, trained and equipped under direction of the Commander, SCNM (COMSCNM), pursuant to Federal and State law, conforming with the table of organization, policies, standards, and training requirements established by the Secre…

80-015. Regulations of the SCNM. 1. The purpose of these regulations is to ensure that the South Carolina Naval Militia is organized, administered, coordinated and facilitated pursuant to Sections 54-17-40 and 54-17-50, South Carolina Code of Laws. 2. The organization and adminis…

80-020. Volunteer Port Security Force at Charleston, South Carolina. 1. The Volunteer Port Security Force (VPSF) at the Port of Charleston is comprised of United States vessels operated commercially at Charleston. In May 2002, recognizing that VPSF vessel crews are likely to be a…

80-025. S. C. Naval Militia Ensign. 1. COMSCNM shall authorize the display of a suitable S. C. Naval Militia ensign to be flown by vessels when such vessels are performing missions assigned to Divisions I, II, or III, of the SCNM. Such an ensign will contain the combined palmetto…

81-1. Safeguarding Patient Medical Records When a Physician Licensee is Incapacitated, Disappears, or Dies. (A) Each physician licensee actively practicing within the State of South Carolina shall designate a partner, personal representative, or other responsible party to assume …

81-110. Repealed. HISTORY: Former Regulation, titled Criteria for Physician Supervision of Nurses in Extended Role, had the following history: Added by State Register Volume 17, Issue No. 5, Part III, eff May 28, 1993. Amended by State Register Volume 25, Issue No. 4, eff April 2…