South Carolina Administrative Code

105-3. Sale of Vacation Time Sharing Plan Receivables. The provisions of Section 27-32-80 shall not be construed to prevent the seller’s right to sell, discount, or hypothecate for value receivables in favor of any bank, mortgage company, or other lending institution, and such pu…

105-4. Providers of Courses. A. As used throughout these regulations, the term ‘‘provider’’ shall mean any school, organization, association, institution, or instructor. B. Courses taught as part of a degree program at an accredited college or university and courses taught by a f…

105-5. Application for Approval. A. Prospective providers of courses must furnish to the Commission completed applications for provider and course approval and all supporting documentation as required by the Commission. B. If an application is disapproved, reason(s) for disapprov…

105-6. Course Curriculum, Approval, Attendance, and Verification. A. For pre-licensing courses, providers must teach courses in separate and distinct units consisting of the minimum hours as specified in S.C. Code Sections 40-57-320(A)(1)(a), 40-57-320(A)(2)(a) and 40-57-510(C)(1…

105-7. Enrollment Agreement, Policies, and Procedures. A. An enrollment agreement disclosing the obligations of both parties must be signed by the provider and student prior to the commencement of classes. A copy of the enrollment agreement containing all policies and procedures …

105-8. Other Operating Procedures. A. Teaching Methods. (1) Pre-licensing and continuing education courses may be conducted via in-person or distance learning. Distance learning courses are those where the licensed instructor and student are physically apart and instruction takes…

105-9. Auditing and Record Keeping. A. Providers must keep copies of all enrollment agreements, advertising, rosters, and attendance records for a minimum of five (5) years and must be made available to a representative of the Commission upon request. B. Providers must permit per…

106-2. Residential Specialty Contractors License. As provided by Section 40-59-220, the Commission finds that the following residential specialty classifications must be licensed after examination satisfactorily demonstrating that an applicant is qualified to engage in a resident…

106-3. Initial Fees. The Commission may charge fees as shown in South Carolina Code of Regulations Chapter 10-38 and on the South Carolina Residential Builders Commission website at http://llr.sc.gov/POL/Residential Builders/. HISTORY: Amended by State Register Volume 17, Issue N…

106-4. Qualifications for Home Inspectors. A. Any person desiring to be licensed as a home inspector, without examination by the commission shall file with the commission an application on forms provided by the commission showing to the satisfaction of the commission that he is c…

106-5. Emergency License and Registration A. In the instance of an event declared to be an emergency by the governor, the department, as defined by S.C. Code Ann. § 40-59-20(2), is authorized to issue emergency licenses and registrations for out-of-state builders and specialty co…

108-2. Licensure. A. Applications for Certification as a Soil Classifier In-Training 1. The application must be submitted on forms approved by the Department and must document education and examination as set out below. 2. It shall be the responsibility of the applicant to ensure…

108-3. Seals. A. A professional soil classifier shall not affix, or permit to be affixed, his/her name or seal to any document which was not prepared by him/her or under his/her direct supervision. No licensee shall affix his/her seal to any document unless the licensee has assum…

108-4. License Expiration, Renewal, and Reinstatement. A. Licenses issued to individuals expire biennially. The expiration date is noted on the license. Licenses must be renewed for the following licensure period by payment of the renewal fee and by reporting completion of the re…

108-5. Continuing Education. A. Basic Requirements 1. Each soil classifier shall have completed thirty (30) continuing education hours of acceptable continuing education requirements during the two (2) year period immediately preceding each biennial renewal date as a condition fo…

108-6. Examinations. A. The examination for a professional soil classifier shall be the Fundamentals of Soil Science Exam and Professional Practice of Soil Science Exam, written by CSSE. B. An applicant for soil classifier in-training shall be required to pass the Fundamentals of…

108-7. Fees. The Advisory Council may charge fees as shown in South Carolina Code of Regulations Chapter 10-40 and on the South Carolina Soil Classifiers Advisory Council website at http://llr.sc.gov/POL/Soil/. HISTORY: Added by State Register Volume 36, Issue No. 6, eff June 22,…

108-8. Code of Ethics. A. Relation of Professional to the Public 1. A licensee shall avoid and discourage sensational, exaggerated, and/or unwarranted statements that might induce participation in unsound enterprises. 2. A licensee shall not give professional opinion or make a re…

110-1. Continuing Education Requirements. A. The Board recognizes that social work is a practice of a profession which must conform to the public’s expectation of professional competency. It further recognizes that structured programs of continuing education will provide licensee…

110-10. Fees. The Board sets, determines, establishes, prescribes, and levies fees for license applications, examina- tions (which do not include any fees paid to any organization other than the Board administering any examination required by the Board), temporary licenses, licen…

110-2. Repealed. HISTORY: Former Regulation, titled Continuing Education Advisory Committee, repealed by SCSR 43-5 Doc. No. 4864, eff May 24, 2019.

110-20. Principles of Professional Ethics. 1. The social worker shall not exploit relationships with clients for personal or business advantages, other than the proper, reasonable and agreed upon compensation for his services to the client. 2. The social worker shall not solicit …

110-30. The Practice of Masters Social Work in a Supervised Clinical or Advanced Practice Setting. Per S.C. Code Section 40-63-20(26), a Licensed Master Social Worker (LMSW) may engage in supervised clinical or advanced practice in social, medical, or governmental agencies. A. De…

111-10. Authorization of Rules. A. Section 58-27-2660, Code of Laws of South Carolina, 2019, provides: 1. ‘‘The Office of Regulatory Staff and the Department of Consumer Affairs are directed to develop consumer protection regulations regarding the sale or lease of renewable energ…

111-11. Application of Rules. A. Jurisdiction. These rules shall apply to any person, firm, partnership, association, establishment or corporation (except any other exempt by South Carolina statutes), which is now or may hereafter become engaged as a Lessor of a renewable energy …

111-12. Severability. If any provision, or the application of any provision, of this Article is determined to be invalid, null, or void, such determination shall not affect or invalidate any other provision, or the application of any other provision, of this Article, and to this …

111-13. Definitions. The following words and terms, when used in these rules and regulations, shall have the meaning indicated below. A. Customer. ‘‘Customer’’ means the person who is named on the retail electric provider’s bill for the premises. B. Lease Agreement. ‘‘Lease Agree…

111-20. Application Required for Certificate. Any person, entity, business, or corporation desiring to operate in this State as a Lessor first shall file an application for a Certificate with ORS on forms to be furnished by ORS. All required information on the application forms m…

111-21. Processing of Application. Without good cause shown, any application for a Certificate submitted to ORS not in compliance with ORS’s instructions, and any deficiencies thereof not corrected by the applicant within 90 days of submittal, may be rejected. HISTORY: Added by S…

111-22. Certificate. Upon ORS approval of the application, a numbered Certificate will be issued to the Lessor. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021. SUBARTICLE 3 OPERATIONS OF LESSORS

111-30. Authority to Operate. A. A Lessor may not market, sell, construct, or otherwise conduct business in the State of South Carolina prior to receiving a Certificate issued by ORS. B. An entity that owns a renewable energy facility subject to any Lease Agreement entered into o…

111-31. Operations of Lessors. A. Lessors must conduct business in compliance with all applicable rules and regulations regarding installations, safety, interconnection, licensure, bonding, and insurance. B. Lessors must require all personnel performing installation of renewable …

111-32. Requirements for Lease Agreements. A. Lease Agreements must contain provisions as required by Title 37 and applicable regulations, Title 58, Chapter 27, Article 23 and these regulations. B. In addition to the requirements contained in Title 37 and applicable regulations, …

111-33. Requirements for Consumer Protection and Education. In addition to the requirements contained in Title 37 and applicable regulations, all Lessor marketing materials for use in the state of South Carolina, regardless of medium or channel such as printed, mailed, emailed, a…

111-34. Transfer or Sale of Certificate Prohibited. Transfer or sale of a Certificate to another entity is prohibited. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021. SUBARTICLE 4 RECORDS AND REPORTS

111-40. Retention of Records. In addition to the recordkeeping requirements of Title 37 and applicable regulations, Lessor shall maintain the following records: A. All documents provided to a potential customer prior to execution of a Lease Agreement, including but not limited to…

111-41. Data to be Filed with ORS. A. Lessors must file with ORS a Monthly Report of installed leased facility equipment as required by Title 58, Chapter 27, Article 23. B. The Lessor shall annually, on or before April 1, on a form provided by ORS, file the name, title, address, …

111-42. Inspections and Tests. When requested by ORS, Lessor or representative of Lessor, shall be present to test or confirm energy production by the renewable energy facility. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021. SUBARTICLE 5 INVESTIGATION OF ALLEGED VIO…

111-50. Violations. A. Violations. It shall be considered a violation of law for an entity to engage in any practice or action in marketing, or leasing renewable energy facilities contrary to the requirements set forth in Title 37 and applicable regulations, Title 58, Chapter 27 …

111-51. Customer Complaints. A. Complaints concerning the charges, practices, renewable energy facilities or service of a Lessor shall be investigated promptly, thoroughly, and professionally by Lessor. B. If the customer is not satisfied with the Lessor’s actions to remedy the c…

111-52. Investigation of Alleged Violations. A. ORS may investigate an alleged violation or refer the customer to the appropriate state agency to resolve the customer’s complaint. ORS may notify the customer of its decision to investigate or refer the customer to the appropriate …

111-53. Notice of Violation. ORS may issue a Notice of Violation. Such notice may present the results of ORS’s investigation and any recommendations to remedy deficiencies and/or establish fines. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-54. Response to Notice of Violation. Lessor has twenty (20) days to respond to ORS Notice of Violation. The Response shall contain the Lessor’s response to each finding presented in the Notice of Violation. It shall also contain the Lessor’s response to ORS’s recommendations …

111-55. Decision. A. ORS shall issue a decision on the Notice of Violation and Lessor’s response in a timely manner. ORS may request additional information from the Lessor as necessary to render a decision. B. ORS will provide a copy of the decision to the affected customer, the …

111-56. Request for Review of Decision. A. Effect of Filing a Review. Filing a Request for Review of Decision shall not excuse or delay the Lessor’s compliance with a Decision issued by ORS, unless specifically provided by ORS. B. Submit Request. A Lessor may submit a Request for…

111-57. Appeal of Agency Action. A Lessor may appeal an ORS Final Decision with the Administrative Law Court. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-58. Cooperation with Other Agencies. In addition to the powers and responsibilities relating to consumer protection, ORS will cooperate with and assist all federal, state, and local agencies performing consumer protection functions in carrying out their legal enforcement resp…

111-60. Penalty. Subsequent to the conclusion of an investigation by ORS and upon being found non-compliant with applicable regulations and statute, ORS may issue a penalty according to the provisions in these regulations. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 20…

111-61. Violations of Time Requirements. ORS may specify the time within which a violation is required to be corrected. When a specific time is designated for correction, each day such violation exists after expiration of the time established by ORS shall be considered a subseque…

111-62. Voiding of Lease Agreement. ORS may void a Lease Agreement between a Lessor and Lessee when: A. The Lease Agreement executed does not meet the requirements for Lessor certification in these regulations. B. The Lessor fails to provide a copy of an executed Lease Agreement …