South Carolina Administrative Code

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 …

111-63. Monetary Fines and Penalties. A. Administrative Fine. An entity may be assessed an administrative fine. The administrative fine may not exceed two thousand five hundred dollars per violation. B. Civil Penalty levied against Lessors. An entity that is subject to S.C. Code …

111-64. Suspension of Operations. ORS may suspend the certificate and require the Lessor to immediately cease and desist from engaging in business as a Lessor in this State until the violation is resolved. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-65. Revocation of Certificate. ORS may petition the Administrative Law Court to revoke a Certificate issued pursuant to S.C. Code Ann. 58-27-2600 et seq. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-66. Cumulative Regulation. The provisions of Subarticle 6 of this regulation are cumulative of and in addition to any other action at law and any other action taken by ORS pursuant to Title 58. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

112-100. Operations Manual of the South Carolina Human Services Demonstration Project. (Statutory Authority: 1976 Code §§ 1-25-10 to 1-25-120) The Operations Manual of the South Carolina Human Services Demonstration Project (York) is hereby adopted as the official guide for the o…

113-200. Municipal Incorporations A. Certification of Population Density. The incorporators of any proposed municipality must provide to the South Carolina Secretary of State a certification by the Research and Statistical Services Division of the South Carolina Budget and Contro…

113-300. Definitions. A. ‘‘ACH’’ (automated clearing house) means a network processing and delivery system that provides for the distribution and settlement of electronic credits and debits among financial institu- tions. B. ‘‘Authentication’’ means the act of tying an action or …

113-305. General Provisions. In accordance with the provisions of the Uniform Real Property Electronic Recording Act, the URPERA Committee adopted the electronic recording standards issued by PRIA as the foundation for the standards promulgated as rule under Regulations 113-300 t…

113-310. Electronic Recording Models For registers that elect to offer electronic recording, authorized filers shall submit real property records for electronic filing and recordation utilizing one of three methods described below as allowed by the individual recorder. The method…

113-315. Memorandum of Understanding. A filer shall apply to a participating register to be enrolled in the participating register’s electronic filing and recording program. A. The authorized filer and a participating register shall enter into a memorandum of understand- ing (MOU…

113-320. Document and System Security Requirements. Security procedures shall be implemented to ensure the authenticity and integrity of the electronical- ly filed instrument, including the ability to verify the identity of the filer, as well as the ability to verify that an inst…

113-325. Electronic Transmissions. A. Instruments shall be transmitted through either a secured website or an electronic recording delivery system. The method of transmission shall be identified in the MOU signed by the authorized filer and the register. B. An authorized filer sh…

113-330. Electronic Recording Process Requirements. A. An MOU between a participating register and an authorized filer shall include information required by the participating register in order to provide electronic notice of confirmation or rejection of an electronic filing and s…

113-335. Document Formats A. Authorized filers may elect to transmit either a digitized (scanned) electronic document of an original ink signed instrument or an electronic document electronically signed and notarized along with electronic indexing information to the register. B. …

113-340. Document and Indexing Requirements. Electronic recording delivery systems implemented by registers shall have the capacity at a minimum to process documents that are compatible with indexing requirements established by PRIA for file formatting and indexing. A. The PRIA e…

113-345. Payment of Filing Fees. Payment of recording fees shall be collected by a register as prescribed by statute. The register shall provide an electronic or other written receipt to the authorized filer indicating that the payment for the recordation of the electronic instru…

113-350. Preservation. Real property records in the custody of the register are permanent records and must be preserved. The preservation of electronic real property records requires consistent and complex management in order to maintain authenticity and integrity. Electronic rec…

113-400. Registration. A. A notary public shall register to perform electronic notarial acts with the Secretary of State before performing notarial acts electronically. B. The term of registration as an electronic notary shall coincide with the term of the notary’s commission pur…

113-410. Application for Registration as an Electronic Notary. A. A notary public must submit the application for registration electronically with the Secretary of State. This electronic application shall include: (1) The notary’s full legal name and the name under which the nota…

113-420. Course of Instruction. A. Before each registration to perform electronic notarial acts, a notary public shall complete a course of instruction approved by the Secretary of State, and pass an examination of this course. B. The Secretary of State, or his designee, will adm…

113-430. Electronic Notary Signature and Electronic Notary Seal. A. An electronic notary signature must meet all of the following requirements. (1) The electronic notary signature shall be independently verifiable and unique to the electronic notary; (2) The electronic notary sig…

113-440. Employers of Electronic Notaries. A. Neither the employer of an electronic notary public nor any of the employer’s employees or agents shall use or permit the use of an electronic notary seal or signature by anyone other than the electronic notary public to whom it is re…

113-450. Rejection of Electronic Notary Public Application. The Secretary of State may reject an application for registration as an electronic notary public for failure to comply with any of the requirements of the South Carolina Electronic Notary Public Act. In addition, the Sec…