South Carolina Code of Regulations Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS
Here’s a detailed overview of Chapter 28 – Department of Consumer Affairs in the South Carolina Code of Regulations:
📘 General Structure & Purpose
Chapter 28 sets out regulatory rules governing the South Carolina Department of Consumer Affairs (SCDCA), including its authority, organization, duties, procedures, and specific programs:
Sections 28‑1 to 28‑7: Establish the statutory authority, organizational structure, core purposes, methods of operation, recordkeeping, application of the federal Truth in Lending Act, and key definitions (law.cornell.edu).
Sections 28‑8 to 28‑28: Detail the administrative procedures—notifications, licensing, filing, service, hearings, witness rules, decisions, rehearings, declaratory rulings, petitions, and meetings (law.cornell.edu).
🛠 Administrative & Operational Provisions
Organization (§ 28‑2)
Commission: Nine members (Governor‑appointed and legislative‑elected, plus Secretary of State ex officio). They set policy, appoint the Administrator, and oversee enforcement.
Council of Advisors: Sixteen members advising consumer credit matters.
Administrator & Deputies: Executes and enforces the Consumer Protection Code.
Consumer Advocate: A qualified attorney to represent consumer interests (law.cornell.edu).
Purpose (§ 28‑3)
SCDCA’s tasks include:
Educating consumers and protecting them in credit matters.
Safeguarding against unfair practices.
Aligning with federal and state credit laws.
Handling consumer complaints.
Collaborating with the Attorney General and other agencies.
Promoting industry honesty and fair competition.
Studying laws and recommending legislative improvements (scstatehouse.gov, law.justia.com, law.cornell.edu).
Method of Operation (§ 28‑4)
Divided into four divisions:
Administration: Manages fees, filings, education.
Consumer Services: Handles consumer complaints—seeks voluntary compliance or refers cases.
Consumer Advocacy: Intervenes in rate requests/agency actions on behalf of the public.
Legal: Provides legal counsel, litigation, rule-making, investigations (scstatehouse.gov, law.justia.com).
📄 Regulatory Areas & Special Programs
Chapter 28 also includes detailed regulations and certificates related to various services:
Consumer Rental‑Purchase (§ 28‑40): Requirements for record-keeping of rental-purchase agreements (casetext.com).
Motor Vehicle Subleasing & Loan Assumption Brokers (§ 28‑900) (casetext.com).
Multiple licensing and certificate provisions, e.g.:
Pawnbroker (§ 28‑200)
Mortgage brokers (§ 28‑400)
“Lemon Law” administration (§ 28‑500)
Continuing Care Retirement Communities (§ 28‑600)
Prepaid legal services (§ 28‑1100), among others (regulations.justia.com).
Additionally, Chapter 28 includes mechanisms for filing maximum rate schedules, adjusting finance charge calculations (§ 28‑50, 60, 62, 70), and oversight of renewable energy facility marketing (§ 28‑78, effective May 28, 2021) (consumer.sc.gov).
🔍 Practical Insights
Current effective date: Regulations are up-to-date through State Register Vol. 49, Issue 3, effective March 28, 2025 (regulations.justia.com).
Statutory Authority: Derived from various Code of Laws sections (e.g., 37‑6‑104, 58‑27‑2660, etc.) (regulations.justia.com).
Access for Consumers & Businesses: SCDCA processes licensing, complaints, and informational requests via website, mail, or toll-free (in SC: 800‑922‑1594; Columbia: 803‑734‑4200) (consumer.sc.gov).
✅ Summary
Chapter 28 forms a comprehensive regulatory framework that empowers the SCDCA to:
Develop and enforce consumer protection regulations,
Manage licensing and administrative procedures,
Investigate and resolve complaints,
Represent consumer interests before agencies and in litigation,
Administer various specific consumer-financed or regulated programs.
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