South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 31, Issue 9, effective September 28, 2007.
DISCLAIMER
The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Regulations on the Internet as a service to the public. The unannotated South Carolina Code of Regulations on the General Assembly's website is now current through State Register Volume 31, Issue 9, effective September 28, 2007. The unannotated South Carolina Code of Regulations, consisting only of Regulation text and numbering, may be copied from this website at the reader's expense and effort without need for permission.
The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.
While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code of Regulations available on the South Carolina General Assembly's website, the unannotated South Carolina Code of Regulations is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Regulations Annotated and any pertinent acts and joint resolutions contain the official version.
Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify Legislative Printing, Information and Technology Systems at LPITS@scstatehouse.net regarding any apparent errors or omissions in content of Regulation sections on this website, in which case LPITS will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.
A. The following Rules of organization and practice are adopted to describe the organization and methods of the Office of Administrator of Consumer Affairs and to establish rules of practice and to otherwise implement the South Carolina Consumer Protection Code, Title 37 of The Code of Laws of South Carolina, as amended, pursuant to authority of Sections 37-3-503, 37-6-104, 37-6-403, 37-6-506 and 37-11-80.
B. These Rules and Regulations should be cited by Chapter, Rule and Section; e.g., this provision is S.C. Code Ann. R.28-1B. of the Rules and Regulations to Implement the Consumer Protection Code.
A. Commission on Consumer Affairs: The Commission on Consumer Affairs is composed of eleven members, one of whom is the Secretary of State, one of whom is a member of the South Carolina Senate, elected by the Senate and one of whom is a member of the South Carolina House of Representatives elected by the House. These three members are ex-officio and their terms coincide with their terms of office. Four members are appointed by the Governor with the advice and consent of the Senate for terms of four years. Four members are elected by the General Assembly for terms of four years. One member is appointed and one elected each year. The Commission elects its own chairman. The Commission is the policy-making and governing authority of the Department of Consumer Affairs, appoints the Administrator and is responsible for enforcement of the South Carolina Consumer Protection Code.
B. Council of Advisors on Consumer Credit: The Council of Advisors on Consumer Credit consists of sixteen members, who are appointed by the Governor for terms of four years. One of the advisors is designated by the Governor as chairman. Four members are appointed each year. The Council advises and consults with the Administrator concerning the exercise of his powers under the South Carolina Consumer Protection Code and may make recommendations to the Administrator. Members may assist the Administrator in obtaining compliance with the Code.
C. Joint Legislative Committee on Consumer Affairs: The Committee monitors the implementation of the South Carolina Consumer Protection Code and serves as a continuing liaison between the Department of Consumer Affairs and the General Assembly.
D. Office of Administrator of Consumer Affairs: The Administrator is appointed by the Commission on Consumer Affairs and serves at its pleasure. The Administrator is responsible to the Commission for faithfully administering and enforcing the South Carolina Consumer Protection Code.
E. Deputy Administrators and Deputy Consumer Advocates: The Administrator, with the approval of the Commission, may designate such Deputies as he determines necessary to assist him in performing the duties he is required to perform under the S.C. Consumer Protection Code and other statutes enforced by the Department.
F. Consumer Advocate: The Administrator of Consumer Affairs may be the Consumer Advocate or he may appoint the Consumer Advocate with approval of the Commission on Consumer Affairs. The Consumer Advocate must be an attorney qualified to practice in all South Carolina courts with a minimum of three years practice experience.
G. Board of Financial Institutions: The Board of Financial Institutions is the governmental agency of the State of South Carolina which is referred to as "the Board of Bank Control" in Act 686 of 1976 amending the Consumer Protection Code and is sometimes referred to as "the Board" in the Rules, and which has responsibility for examinations and investigations (Consumer Protection Code Section 37-3-506) of institutions licensed or chartered by it, and through its Consumer Finance Division has responsibility for matters pertaining to licenses (Consumer Protection Code Sections 37-3-503 and 37-3-504), and records and annual reports (Consumer Protection Code Section 37-3-505).
28-3. General Purposes of Department of Consumer Affairs.
A. To further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable costs.
B. To protect consumer buyers, lessees and borrowers against unfair practices by some suppliers of consumer credit having due regard for the interests of legitimate and scrupulous creditors.
C. To permit and encourage the development of fair and economically sound consumer credit practices.
D. To conform the regulation of consumer credit transactions to the policies of the Federal Consumer Credit Protection Act.
E. To implement the South Carolina Consumer Protection Code in the State of South Carolina in accordance with its terms and provisions.
F. To establish programs for the education of consumers with respect to credit practices and problems.
G. To counsel persons and groups of their rights and duties under the South Carolina Consumer Protection Code.
H. To make appropriate studies to effectuate the purposes and policies of the South Carolina Consumer Protection Code and to make the results of such studies available to the public.
I. To report on the use of consumer credit in South Carolina and to report on the problems of persons of small means in obtaining credit.
J. To receive and process complaints of individuals pertaining to any consumer transaction arising out of the production, promotion or sale of goods and services.
K. To cooperate with and assist the Attorney General and all state, local and federal agencies performing consumer protection functions in carrying out their legal enforcement responsibilities for the protection of consumers.
L. To initiate and encourage programs to inform consumers of market practices and schemes which are fraudulent, deceptive, unfair or illegal; how to detect and avoid abusive consumer transactions; and of remedies and relief available to consumers.
M. To undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices and public responsibility in the production, promotion and sale of consumer goods and services.
N. To study the operation of consumer protection laws and recommend to the Governor and the Legislature new laws and amendments to laws which would promote the protection of legitimate interest of consumers within this State.
O. To provide legal representation of the consumer interest before the state and federal regulatory agencies or courts when such regulatory agencies undertake to fix rates or prices for consumer products or services or to enact regulations or establish policies relating to rates or prices for consumer products or services.
P. To monitor existing regulations of such regulatory agencies of special interest to consumers and report to the public through the news media proposed changes under consideration and the effect of such changes on the lives of the citizens of South Carolina.
Q. To simplify, clarify and modernize the law governing retail installment sales, consumer credit and usury.
R. To implement and enforce provisions of the Continuing Care Retirement Community Act.
A. Functional Areas: The Department of Consumer Affairs is divided into four functional divisions. These are Administration, Consumer Services, Consumer Advocacy, and Legal.
(1) Administration: The Administration Division is responsible for providing administrative support to the Department of Consumer Affairs, and for the Information and Educational functions of the Department. In addition, the Division has responsibility for notification procedures, the receipt and processing of notification forms and fees, the supervision of notification files, and for Maximum Rate Schedule filing and fees, and other related filings. The Information and Education Section of the Administrative Division is responsible for developing and implementing consumer education and research programs and for disseminating information on consumer credit, protection and advocacy matters to the news media and the general public.
(2) Consumer Services: The Consumer Services Division is responsible for handling consumer complaints. Consumer complaint analysts receive, evaluate and process complaints arising out of the production, promotion or sale of consumer goods or services. The Consumer Services Division is required to take action designed to obtain voluntary compliance with the Consumer Protection Code. Complaints that fall within the jurisdiction of another state or federal agency are referred to such agency. Complaints not subject to the jurisdiction of any responsible agency are processed by the Department of Consumer Affairs in accordance with any applicable law.
(3) Consumer Advocacy: The Consumer Advocacy Division is responsible for evaluating rate and other requests submitted to various regulatory agencies, recommending intervention to the Consumer Advocate, preparing the presentation of the consuming public's case and representing the public in hearings and in court as appropriate. The Division is also responsible for monitoring regulations of regulatory agencies, reporting on their findings and evaluation of the impact of such regulations on the public, responding to requests for legislative assistance and implementing and enforcing provisions of the Continuing Care Retirement Community Act.
(4) Legal: The Legal Division is responsible for maintaining a constant review of consumer protection law and formulating recommendations for legislative proposals. It is also responsible for providing legal advice and information to the Administration and Consumer Services Divisions of the Department of Consumer Affairs, for rule-making, investigations and administrative hearings. It monitors rules, regulations, and interpretations of other Code state administrators and of appropriate Federal agencies and formulates appropriate rules, regulations, declaratory rulings and other interpretations of law. This Division is also responsible for conducting litigation and administrative enforcement actions under the provisions of the South Carolina Consumer Protection Code and other statutes enforced by the Department.
B. Public Access: The public has access to the Department of Consumer Affairs in three ways. These are through the complaint procedures, the information procedures and the formal rule-making and petition procedures.
(1) The public has access to the Department through the complaint procedure by virtue of a statewide toll-free WATS line, or by utilization of the regular telephone network of the Department. Telephone numbers for the WATS line and the regular system are published in the news media and other appropriate informational sources at regular intervals. Informal complaints may also be submitted to the Department in writing either utilizing the Department's regular complaint form or in an appropriate letter or other writing.
(2) Requests for information may be made to any appropriate division of the Department of Consumer Affairs. The appropriate division for inquiries relating to complaints is the Consumer Services Division. The appropriate division for inquiries of a legal nature or about investigations is the Legal Division. The appropriate division for inquiries relating to office management, personnel, consumer information and education, budget or notification and fees is the Administration Division. The appropriate division for inquiries relating to consumer advocacy matters or actions is the Consumer Advocacy Division. Any final order, decision, opinion, rule, regulation, written statement of policy or interpretation formulated, adopted or used by the Administrator on the discharge of his functions or any other matter to which the public has access by virtue of the Freedom of Information Act may be inspected at the Office of the Administrator at any reasonable time, during normal office hours. Voluminous requests or requests for material two years old or older may result in a longer response time for retrieval, copying or sorting. Reasonable charges may be imposed to recover expenses of materials and time for retrieval, copying or sorting of information.
(3) All requests for information which require an answer in the nature of an interpretation, statement of official policy or position of the Department must be submitted in writing.
(4) Submissions or suggestions designed to improve the operation of the Department of Consumer Affairs should be submitted in writing to the Office of Administrator of Consumer Affairs, without regard to the division or activity to which they may pertain.
(5) Requests for publications which may from time to time be issued by the Department should be addressed to the Information and Education Section. Reasonable charges may be imposed to recover expenses of materials and time for retrieval, copying or sorting of publications.
(6) Requests, submissions or any other communication of any nature may be made in writing to the Office of the Administrator of Consumer Affairs.
All papers, records, files and other property of the South Carolina Department of Consumer Affairs shall be maintained and filed in the Office of the Administrator for a reasonable period of time. Thereafter, these materials may be forwarded to State Archives in accordance with State law.
28-6. Application of the Federal Truth in Lending Act.
A. All persons upon whom the Federal Truth in Lending Act imposes duties or obligations shall make or give to the consumer the disclosures, information and notices required of him by that Act and in all respects comply with that Act.
B. The term "Federal Truth in Lending Act" means Title I of the Consumer Credit Protection Act [15 U.S.C. Section 1601 et seq.] as amended from time to time and the regulations promulgated thereunder by the Federal Reserve Board, as amended from time to time.
A. "Administrator" means the officer appointed by the Commission on Consumer Affairs. Where the word "Administrator" is used in these Rules it shall be deemed, when applicable, to include his representatives. (See Also R.28-8H)
B. "Applicant" is a party applying for any right or authority under the Consumer Protection Code, and includes all partners in a partnership.
C. "Code" means the South Carolina Consumer Protection Code [Title 37 of The Code of Laws of South Carolina (as amended)].
D. "Complainant" is any party who complains to the Administrator of any act or omission allegedly committed by any person subject to the Code.
E. "Defendant" is a party against whom a complaint has been filed concerning any act or omission allegedly committed in violation of the Code or of any promulgated administrative order, rule or regulation.
F. "Intervenor" is a person who has been permitted to become a party to any proceeding before the Administrator.
G. "Party" means the Administrator, any person named or admitted as a party in a proceeding before the Administrator, or any person who is aggrieved by any action taken and seeks to be admitted as a party.
H. "Person Related To" with respect to an individual means:
(1) the spouse of the individual;
(2) a brother, brother-in-law, sister, sister-in-law of the individual;
(3) an ancestor or lineal descendant of the individual or his spouse;
(4) any other relative, by blood or marriage, of the individual or his spouse who shares the same home with the individual.
I. "Person Related To" with respect to an organization means:
(1) a person directly or indirectly controlling, controlled by or under common control with the organization;
(2) an officer or director of the organization or a person performing similar functions with respect to the organization or to a person related to the organization;
(3) the spouse of a person related to the organization;
(4) a relative by blood or marriage of a person related to the organization who shares the same home with him.
J. "Petitioner" is a person seeking relief not otherwise designated.
K. "Protestant" is any party other than a complainant, defendant or respondent who opposes the granting of an application, complaint, order, petition or other authority sought under the Consumer Protection Code.
L. "Respondent" is a party against whom an investigative proceeding or an order to show cause is directed.
28-8. Notification and Fees Summary Procedures - Licensing.
A. Notification. Pursuant to the authority contained in Sections 37-6-201, 37-6-202, 37-6-203 and 37-6-204 of the Code, the following rules are adopted for notification to this Department of a person engaged in this State in making consumer credit sales, consumer leases, consumer rental-purchase agreements or consumer loans and to a person having an office or place of business in this State who takes assignments of and undertakes direct collection of payments from or enforcement of rights against debtors arising from these sales, leases, rental-purchase agreements or loans.
B. Forms. Persons subject to the section as in A above shall file a notification form with the Administrator within thirty (30) days after commencing business in this State and thereafter on or before January thirty-first of each year on the prescribed form which shall state:
(1) Name of person;
(2) Name in which business is transacted if different from (1) above;
(3) Address of principal office giving street number, city, state and zip code (This may be outside the State of South Carolina);
(4) Addresses of all offices or retail stores, if any, in this State at which consumer credit sales, consumer leases, consumer rental-purchase agreements or consumer loans are made, or in case of a person taking assignments of obligations, the offices or places of business within this State at which business is transacted;
(5) If consumer credit sales, consumer leases, consumer rental-purchase agreements or consumer loans are made otherwise than at an office or retail store in this State, a brief description of the manner in which they are made;
(6) Type of business conducted;
(7) If consumer rental-purchase transactions are made at any location listed pursuant to (3) and (4) and cash or credit sales of merchandise are also made at those locations, an indication of that fact;
(8) Address of designated agent upon whom service of process may be made in this State.
C. Fees. A person required to file notification shall on or before January thirty-first of each year pay to the Administrator an annual fee of ninety dollars for that year, for each address in this State listed in the notification; provided, however, that the fee for any one person shall not be less than ninety dollars; provided, further, that a person who does not extend credit pursuant to written contracts and a person whose annual gross volume of business does not exceed one hundred fifty thousand dollars shall be exempt from any fee and from the notification requirements of the section as in A above.
D. Application for License to Make Supervised Loans: Applications for licenses to make supervised loans shall be made to the South Carolina Board of Financial Institutions on a form pre-scribed by the Board and shall contain the following:
(1) name and address of applicant;
(2) name in which and address for which the license is to be issued;
(3) name and address in South Carolina of agent upon whom process may be served;
(4) business, if any, other than making supervised loans, which will be conducted at the licensed address;
(5) all organizations related to the applicant and the character of business conducted by each;
(6) name, address and telephone number of person to be contacted for further information about this application;
(7) name, business address, residence address, official title and other business or occupation, if any, of the applicant, the manager and, as applicable, each partner, officer and director;
(8) name and address of any person(s) listed under the subsection D(7) above and of any person(s) related to the applicant who have engaged in the business of making consumer loans in any state during the last five years (give details for each person so engaged);
(9) a statement of whether any person listed under the subsection D(7) above has been convicted of a crime involving moral turpitude during the last ten years (if so give details);
(10) a statement of whether any person listed under the subsection D(8) above has been the subject of any proceeding either to cancel, suspend or revoke a lending license or in which a regulatory authority or law enforcement agency alleged a violation of state or federal law (if so give details);
(11) a current accurate statement of the financial condition of the applicant showing that he has available for operation of business in this State assets of at least $25,000 for each license issued to him;
(12) an investigation fee of $100 plus a license fee of $200, paid separately (the license fee will be returned if the application is denied; the investigation fee will not be refunded in any event);
(13) a copy of any corporate charter and certificate of authority to do business in South Carolina, if applicable;
(14) the signature of the applicant which must be notarized.
E. Investigation of Application for License: Upon receipt of the completed application with appropriate fees, the Board will conduct an investigation as it deems appropriate to enable it to determine whether:
(1) the character and fitness of the applicant, the members and the partners, officers and directors, where applicable, are such as to warrant belief that the business will be operated honestly and fairly;
(2) the applicant has available for operation of his business in this State assets of at least $25,000 for each license issued in this State.
F. Issuance or Denial of License: The Board shall within sixty (60) days after the application for license has been filed either grant the license or notify the applicant in writing by mail that the application has been denied and stating, in substance, the Board's findings in such a concise and explicit manner as to reasonably inform the applicant of the underlying facts supporting its findings and denial of the application.
G. Request for Hearing Upon Denial of License: Upon written request, the applicant is entitled to a hearing on his application if the Board has notified the applicant in writing that his application has been denied, or the Board has not issued a license within sixty (60) days after the application for the license was filed. The request for hearing must be in writing and must be made not later than fifteen (15) days after denial of the application, as provided in Section 37-3-503(3) of the Code.
H. Hearing Procedure: If the applicant timely requests a hearing to which he is entitled such hearing shall be scheduled and conducted in accordance with the provisions of the Administrative Procedures Act, S.C. Code Ann. Sections 1-23-310 through 1-23-400 (as amended). For purposes of this Rule the term "Administrator" as used in R.28-10 through R.28-23 shall be deemed to include the Board of Financial Institutions, where the context so requires.
I. Annual License Fees: Each licensee shall on or before February 1 of each year pay to the Board an annual license fee for each licensed office based upon outstanding loan balances in such office as of December 21 of the preceding year according to the schedule published in South Carolina Board of Financial Institutions R.15-62.
J. Revocation, Suspension or Relinquishment of License: After a supervised lender's license has been issued, the Administrator may revoke or suspend the license pursuant to S.C. Code Ann. Section 37-3-504 on the grounds listed in that section, although the Administrator will comply with the notice and procedure requirements of the Administrative Procedures Act, (as amended).
A. Informal Complaint: Informal complaints may be made to the Administrator in writing and need not be in any particular form. Such matters may be disposed of by correspondence or other informal communication.
B. Record of Informal Complaints: A record shall be kept of each informal complaint listing the allegations and all action taken including any final disposition.
C. Investigation: If it appears from an informal complaint or other information brought to the attention of the Administrator that there is probable cause to believe that a person is committing or has committed an act or omission in violation of the Code, the Administrator may order an investigation to determine if the Act is being or has been committed. Such investigations may be instituted under the provisions of Code Section 37-6-106 or 37-6-118 as appropriate.
D. Summary Action: If, after investigation, the Administrator determines that a person is committing or has committed any act or omission in violation of the Code, he may take one or more of the following actions, as the situation may warrant:
(1) Accept an assurance in writing that the person in violation of the Code will not engage in that conduct in the future;
(2) Set the matter for a hearing to determine if a cease and desist order should be issued;
(3) Bring civil action for injunctive relief as provided in Sections 37-6-110, 37-6-111 and 37-6-112 of the Code;
(4) Bring a civil action as provided in Section 37-6-113 of the Code;
(5) Bring an individual action for a consumer as provided in Section 37-6-117 of the Code.
E. Initiation of Formal Proceedings: The Administrator may initiate formal or investigative proceedings upon any matter arising out of an informal complaint.
A. Types of Cases: At the designation of the Administrator, cases requiring a hearing may be classified as either formal or investigative.
(1) Formal cases are those cases other than investigative cases which are initiated by complaint, petition, or otherwise and require a formal hearing;
(2) Investigative cases are those cases initiated by the Administrator inquiring into the practices or conduct of any person in which a formal hearing is required and shall include cases involving the revocation, suspension, annulment or withdrawal of a license.
B. Dockets: When a hearing is instituted, it shall be assigned a number and entered with the date of its filing on a separate page of a docket provided for such purpose. The Administrator shall establish a separate file for each such docketed case, in which shall be systematically placed all papers, pleadings and all such items shall have noted the docket number assigned and the date of filing.
A. Size and Writing: All pleadings filed with the Administrator shall be printed or typewritten, and, so far as practicable, shall be on letter size (8 1/2 "' by 11"')
B. Title and Docket Number: After a case has been assigned a docket number, all pleadings filed shall bear the correct title and docket number of the case in which they are filed.
A. Filing of Pleadings: The Administrator may direct that a copy of all applications, petitions, complaints, and other papers be made available by the party filing the same to any person who desires copies and whom the Administrator determines may be affected by the proceedings.
B. Service: All notices, findings of fact, opinions and orders required to be served by the Administrator and all documents filed by any party may be served by mail, and service shall be deemed complete when a true copy of such paper or document, properly addressed and stamped, is deposited in the United States mail.
C. Proof of Service: On all documents required to be served there may appear an acknowledgement or affidavit of service or the following certificate:
I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding (by delivering a copy in person to ____________) (by mailing a copy thereof, properly addressed, with postage prepaid, to) ____________.
Dated at _______, this _______ day of _______, 19____ .
______________________________
Signature
D. Alternative Service: In the alternative, service as permitted by the S.C. Rules of Civil Procedure.
E. Statement of Case: The Administrator, or proponent of the proceeding, or his attorney, shall make a concise statement concerning the scope and purpose of the hearing orally at the hearing or as the Administrator may otherwise direct.
A. Applicability of Administrative Procedures Act: All parties to formal or investigative cases shall follow the notice and procedure requirements of the South Carolina Administrative Procedures Act, S.C. Code Ann. Sections 1-23-310 through 1-23-400 (as amended). Parties will also adhere to the following procedures of this Rule to the extent that they do not conflict with the Administrative Procedures Act.
B. Order of Presentation of Evidence: Unless otherwise provided by the Administrator, the order of procedure and the presentation of evidence shall be as follows:
(1) The proponent of the application, complaint or petition;
(2) The defendant or respondent against whom the proceeding is directed;
(3) The Administrator's staff, unless the staff is a proponent of the application, complaint or petition;
(4) Intervenors;
(5) Protestants;
(6) In investigative proceedings, or on orders to show cause the person proceeded against may be required to first produce his evidence. To simplify production of evidence, the order to show cause shall specify in sufficient detail the reasons underlying the proposed action;
(7) Rebuttal evidence will be presented in the same order.
C. Participation of Administrator's Staff: When the Administrator's staff participates in a hearing in a capacity other than that of a proponent of the application, complaint or petition, it shall be regarded as a party neither supporting nor opposing any application, petition, complaint, or investigation. Such appearance will be solely for the purpose of assisting the Administrator in discovering the facts pertinent to the issues involved.
D. Consolidation of Hearing: The Administrator may combine two or more proceedings in any one hearing where it appears that the issues are substantially the same and the rights of interested parties will not be prejudiced by such procedure.
E. Informality in Hearing: No informality in a hearing or proceeding in the manner of taking testimony or other procedure shall invalidate any order, decision, rule, or regulation made, approved, or confirmed by the Administrator.
F. Record of Proceedings: Unless the Administrator provides otherwise, a full and complete record of all the proceedings of any formal hearing shall be taken down by a reporter appointed by the Administrator. The Administrator may, however, provide for recording by audio or videotape.
G. Orders for Transcripts: Any person desiring a transcript of any proceeding before the Administrator must place his order with the reporter and pay for the transcript in advance of delivery.
A. All persons competent to testify in civil actions are competent witnesses before the Administrator.
B. The Administrator may issue subpoenas for the attendance of witnesses and the production of any paper, book, record, document or other evidence in any inquiry, investigation, hearing or proceeding before the Administrator.
A. Contents of Answer: Each answer filed with the Administrator shall contain the following:
(1) The correct title of the proceeding and docket number;
(2) The name and address of each answering party;
(3) A statement in ordinary concise language of the matter of defense, or the position which the defendant takes with respect to such complaint.
B. Objection to Complaint Not Waived: The filing of the answer will not be deemed an admission of the sufficiency of the complaint.
C. Failure to File Answer: In case any party fails to answer within the prescribed time, he shall be deemed to have denied generally the allegations of the complaint or petition.
D. Persons Allowed to Protest: No person may participate as a protestant in any proceeding unless he discloses fully his interest and it is made to appear to the Administrator that his contentions will be reasonably pertinent to the issues.
A. Pleadings Enumerated: Pleadings before the Administrator shall be applications, complaints, petitions, answers and motions.
B. Time for Answer: Answers to complaints or petitions shall be filed with the Administrator and service thereof made to parties of record within thirty (30) days after service of said complaint or petition. However, for good cause the Administrator may extend the time within which an answer need be filed.
C. Time for Motion: Any motion directed toward a complaint or petition must be filed before the answer is due. Otherwise, such objection must be raised in the answer. If a motion is directed toward an answer, it must be filed within ten (10) days of the service of the answer. Other motions must be timely filed.
D. Defective Pleadings: Upon the filing of any application, complaint, petition or other pleadings it will be inspected by the Administrator and if found to be defective or insufficient, it may be returned to the party filing it for correction.
E. Liberal Construction: All pleadings shall be liberally construed with a view to effect justice between the parties. At every stage of any proceeding, the Administrator may disregard any error or defect in the pleadings or proceeding which does not affect the substantial rights of the parties.
F. Amendments: The Administrator may allow amendments to the pleadings or other relevant documents at any time upon such terms as may be lawful and just; provided, that if any such amendment so alters or broadens the issues that it would serve the interest of justice, the Administrator may permit any party affected to have a reasonable time to prepare to meet the changed issues.
G. Signing of Pleadings: Every party who is not represented by an attorney shall sign his pleadings and state his address. Every pleading of a party represented by an attorney shall be signed by the attorney and shall show his address.
A. Commenced by Administrator: On his own motion the Administrator may institute an investigative case inquiring into any matters or the acts of any person which are subject to the Code.
B. Answer by Respondent: Any person named as a respondent in a complaint issued by the Administrator may answer the complaint in the manner prescribed for answers in R.28-16A and R.28-17B.
A. Setting of Hearing: Upon the filing of a document which requires a hearing, or upon the filing of a petition for a hearing by an applicant who has been denied a license to make supervised loans, or where it appears necessary to hold a hearing in a matter theretofore handled under summary procedure, or where the Administrator deems it necessary to initiate an investigative case, and in any other case upon the filing of an answer or other pleading which brings the matter properly to issue, the Administrator shall set a time and place for hearing. No hearing shall take place within the thirty (30) day period immediately following the filing of the petition for hearing, or appropriate pleading unless the parties consent to a shorter period of time.
B. Failure to Appear: When any case has been properly set for hearing, due notice is given, and any indispensable party fails to appear, the Administrator may dismiss or decide the matter against the interest of such defaulting party.
C. Continuance: If application is made to the Administrator within a reasonable time prior to the date of the hearing, upon proper notice to the other interested parties the Administrator may grant a motion for continuance or other change in the time or place of the hearing.
D. Hearing Public: Unless ordered by the Administrator for good cause, hearings will be open to the public.
E. Representation: A party may represent himself or be represented by an attorney who is licensed to practice law in this State.
A. Rules of Evidence: Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied to nonjury civil cases in the court of common pleas of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The Administrator shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
B. Documentary Evidence: Documentary evidence may be received in the form of copies of excerpts, if the original is not readily available. When an excerpt is offered, another party may require introduction of the entire document or copy. Upon request, parties shall be given an opportunity to compare the copy with the original.
C. Cross-Examination: A party may conduct cross-examinations required for a full and true disclosure of the facts.
D. Discovery: Interested parties and the staff may engage in discovery authorized by the Administrator, in his discretion, following an appropriate petition.
E. Official Notice: Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Administrator's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Administrator's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
F. Stipulations: The parties to any proceeding before the Administrator may agree upon the facts or any portion thereof and file a written stipulation at any stage of a proceeding, which facts will be regarded and used as evidence.
G. Evidence Marked: Where relevant and material matter found in any book, paper, or document containing other matter not material or relevant is offered in evidence, the part offered as evidence must be plainly marked.
H. Exhibits: All physical evidence shall be marked as exhibits. When evidence to be presented consists of technical data or figures so numerous as to make oral presentation difficult to follow, it shall be presented in exhibit form, supplemented and explained by oral testimony, or as agreed by stipulation.
I. Identification of Exhibits: Exhibits shall bear the case number, a space for the name of the witness, and for the number of the exhibit. Each page shall be marked to show the source from which the information is taken. No exhibits may be withdrawn except upon order of the Administrator.
A. A hearing shall be closed when all parties have introduced all of their evidence and all witnesses have been heard. The Administrator shall declare the testimony closed and no further evidence will be received, except that the parties may stipulate to the introduction, after the close of the hearing, of such data, reports of investigations, studies, and inspections as may be allowed by the Administrator.
B. Reopening: No hearing which has been finally closed will be reopened except upon motion of the Administrator or upon a motion regularly made by an interested party after proper service on all adverse parties.
C. Questions submitted without argument: All questions of law or fact arising in any proceeding will be deemed submitted to the Administrator without argument or brief unless otherwise ordered by the Administrator.
D. Oral argument: Upon the close of the hearing the Administrator may, in his discretion, permit the parties to the proceeding to make oral argument. The arguments shall be limited in time as prescribed by the Administrator.
E. Filing of briefs: After the close of the hearing the Administrator may, in his discretion, allow briefs.
A. Report and Order: After the Administrator has reached a final decision upon any proceeding, he shall prepare an order and a report, containing his findings and conclusions with respect to such proceeding.
B. Service of Report and Order: A correct copy of such report and order shall be served upon the person against whom such proceeding is directed. Copies will be mailed by certified mail to other parties who appeared and participated in the proceeding and to all attorneys of record.
C. Effective Date of Order: The order shall take effect and become operative upon service unless otherwise provided in such order.
A. Time for Filing: Petitions for rehearing must be filed by a party within twenty (20) days after being served with a copy of the order or decision.
B. Detail of Petition: The petition for rehearing shall set forth specifically and in detail the particulars in which it is claimed the Administrator's order or decision is unlawful, unreasonable, or unfair. If the petition for rehearing is based upon a claim that the Administrator failed to consider certain evidence, such petition shall include an abstract of that evidence relied upon by the petitioner.
C. Petition Based on New Evidence: The petition may be based upon newly discovered evidence. When such ground is used, the petition shall be accompanied by an affidavit setting forth the nature and extent of such evidence, its relevancy to the issues involved, and a statement that the party could not, with reasonable diligence, have discovered the evidence prior to the former hearing.
D. Action on Petition: Upon the filing of a petition for rehearing, the Administrator may set a time for the hearing of said petition, or may summarily grant or deny said petition in whole or in part.
E. Rehearings Limited: If an order is made granting the petition for rehearing, it shall be limited to the matter specified in such order. Upon rehearing of any proceeding the Administrator may confirm his former judgment or abrogate, change, or modify the same in any particular. Such order and decision shall have the same force and effect as the original order and decision, but shall not affect any right or the enforcement of any right arising out of or by virtue of the original order and decision unless so ordered by the Administrator.
F. Judicial Review:
(1) A person who has exhausted all the administrative remedies available before the Administrator and who is aggrieved by a final decision in a contested case is entitled to judicial review.
(2) Judicial review shall be conducted pursuant and subject to the Administrative Procedures Act, (as amended).
A. Petition for Declaratory Rulings: Any person may request in writing a declaratory ruling on the applicability of any administrative rule or regulation or Code provision.
(1) The petitioner shall include in his request the question to which an answer is sought and a list of reasons supporting or denying the applicability of the particular provision and/or rule or regulation involved.
(2) If the Administrator deems the matter to be of sufficient public importance, in the exercise of his absolute discretion he may schedule the matter for a public hearing pursuant to the procedures provided in the Administrative Procedures Act, (as amended).
B. Ruling by Administrator: The Administrator shall as soon as practicable issue his declaratory ruling. A copy of the ruling shall be mailed to the petitioner and to such other persons as shall request a copy.
C. Petition for Reconsideration: If the petitioner or any other person is aggrieved by the declaratory ruling of the Administrator, he may within twenty (20) days after the mailing of a copy of the declaratory ruling to the petitioner, petition the Administrator to reconsider his ruling. The petition for reconsideration shall set forth specifically and in detail, the particulars in which the petitioner believes the declaratory ruling of the Administrator to be in error.
D. Reconsideration: After reconsideration, the Administrator may confirm his ruling or abrogate, change, or modify the same in any particular.
E. Public Record of Declaratory Rulings: The Administrator shall keep available in his office for public inspection a copy of each of his declaratory rulings.
A. Request for Administrative Interpretation: Upon the written request of any person, or upon his own initiative, the Administrator may issue an administrative interpretation of any provision of the Code or any Rule or Regulation issued pursuant thereto.
B. Contents of Request: Requests for administrative interpretation shall clearly state:
(1) the precise questions posed;
(2) the opinion of the person requesting the Interpretation;
(3) the basis of such opinion including citation of all applicable statutory provisions, Rules, Regulations or other provision of law.
C. Request for Reconsideration: Administrative interpretations will be reconsidered upon the written request for any person. Such requests must conform to the requirements of the section as in B above.
D. Public Record of Administrative Interpretations: The Administrator shall keep available in his office for public inspection a copy of his administrative interpretations.
A. Any interested person may petition the Administrator requesting the promulgation, amendment or repeal of a rule. The petition shall be in writing, be addressed to the Administrator and include a clear statement of the petitioner's proposal and may include any supporting data that may assist the Administrator in reaching a determination. The petition need not be of any particular form, but must contain the information required by this section.
B. If the Administrator deems the matter to be of sufficient public importance, in the exercise of his absolute discretion he may schedule the matter for a public hearing, pursuant to the procedures provided in the Administrative Procedures Act, (as amended).
C. Within thirty (30) days after submission of a petition, the Administrator either shall deny the petition in writing to the petitioner, stating his reasons for the denial, or shall initiate rule-making procedures in accordance with the provisions on procedures for adoption of rules in the Administrative Procedures Act, (as amended).
28-27-3.305. Repealed by State Register Volume 17, Issue No. 2, eff February 26, 1993.
A. Commission on Consumer Affairs: The Commission will meet once each month. The meeting will be held at a time and place to be selected by the Commission. Public notice will be given of all meetings.
B. Council of Advisors on Consumer Credit: The Council will meet at least twice each year. Meeting time and place will be selected and announced by the Chairman of the Council. Public notice will be given of all meetings.
28-28-1.301. Repealed by State Register Volume 17, Issue No. 2, eff February 26, 1993.
The "Actuarial Method" as described in S.C. Code Ann. Section 37-1-301(1) is the same actuarial method contemplated by the Federal Reserve Board in Regulation Z [12 C.F.R. Part 226], the implementing regulation of the Federal Truth in Lending Act. The explanations, equations and instructions for determining the annual percentage rate in accordance with the actuarial method are set forth in Appendix J to Regulation Z.
28-29-5.204. Debtor's Right to Rescind Certain Transactions.
With regard to certain credit transactions in which a security interest is retained or acquired in an interest in land which is used or expected to be used as the residence of the person to whom credit is extended, the form and procedure for (1) the debtor to notify the creditor of his intention to rescind, (2) the creditor's disclosure to the debtor of the debtor's right to rescind the transaction, (3) the creditor's provision of an adequate opportunity to rescind the transaction, and (4) the waiver of the right to rescind in bona fide personal financial emergencies of homeowners, are set forth in Federal Reserve Board Regulation Z Section 226.9 (12 C.F.R. Section 226) which implements the Federal Truth in Lending Act.
28-30. Delinquent Notification Filing and Fee Payment.
A. Except in the case of willful or repeated violations of Sections 37-6-202 and 37-6-203, notification filings and fees which are not more than 30 days delinquent or which, in any event, are mailed or delivered to the Department before written demand is made therefor will be accepted without penalty.
B. Willful or repeated violations will be disposed of pursuant to the provisions of Section 37-6-113 (Civil Actions).
C. In all other cases delinquent filings must be accompanied by a penalty equal to the amount indicated as follows:
A. Definitions. Definitions shall be those contained in S.C. Code Ann. 37-2-701 (1976 as amended).
B. Recordkeeping
(1) All books, agreement and records, and all other sources of information with regard to the business of providing consumer rental-purchase services must at all reasonable times be available for inspection by the Department of Consumer Affairs for the purpose of assuring that the business is being transacted in accordance with the law and applicable regulations. Failure to provide or allow access to all books, agreements and records and all other sources of information with regard to the business of providing consumer rental-purchase services will be regarded as a violation of the South Carolina Consumer Protection Code.
(2) All locations must maintain a copy of all agreements for consumer rental-purchase services for as long as such agreements are in effect and for a period of one (1) year thereafter. Agreements for each calendar year must be filed in alphabetical order by the consumer's last name. If the center uses numbered agreements, a numerical sequence file may be used instead of an alphabetical file. If a business providing consumer rental-purchase services has two or more locations, records may be consolidated at a principal office in this State. The Department of Consumer Affairs must be given written notice prior to the enactment of a policy of consolidation of records.
(3) Records of Payment --A written record of any payment on an agreement must be made immediately upon receipt. Payments received must be posted on the business day received to the payment record. The payment record must show at least the following information:
(a) Name or number of account;
(b) The date (month, day, year) of payment;
(c) The actual amount received and itemized as applied to:
(i) periodic payment including taxes to lessor necessary to acquire ownership of the property;
(ii) delinquency charges;
(iii) initial non-refundable fee;
(iv) security deposit;
(v) delivery charge;
(vi) payment pick up charge;
(vii) any other fees allowed by the rental-purchase statute.
(4) Records Maintained on Electronic Data Processing (EDP) Systems.
(a) Filing of Description of Systems and Programs --Records and account systems maintained in whole or in part by electronic data processing may be used in lieu of the books, files and records required by these regulations if they contain equivalent information. Each such system must receive prior written approval from the Department. Lessors seeking such approval must file a complete and detailed written description of the system proposed to be utilized, including user instructions and an enumeration of all features that do not meet the requirements of the regulations and a full explanation as to how the equivalent information is maintained with the proposed system. User instructions must provide a clear and concise section of procedures which must be followed to operate the system as contemplated by the Department in approving the system.
(b) Filing of Amendments --All changes to a lessor's electronic data processing system must be filed with the Department at least 14 days in advance of use by a lessor.
(c) Withdrawal of Approval by the Department --If based on examinations and practical experience with an EDP system and its records, the Department finds that such system and records do not provide reasonable access to information required in B(1) and (3) above, approval may be withdrawn by the Department.
(5) Advertisements --All advertisements by a lessor must contain the name and an office address of the entity, which must conform to a name and address on record with the Department of Consumer Affairs.
28-50-2.210, 3.210. "Rebate Upon Prepayment," Simplification of the Calculation of the Unearned Portion of the Finance Charge, Allowance of the Use of Tables.
(Statutory Authority: 1976 Code Sections 37-2-210 and 37-3-210)
A. Any chart or table may be utilized for the purpose of determining the rebate provided:
(1) It is prepared in accordance with the actuarial method as required by Sections 2.210(5)(b) and 3.210(5)(b) of the Consumer Protection Code;
(2) It is based upon a calendar year (365 days) and takes into consideration days as well as months in computing refunds of unearned finance charge; and
(3) It bears the name and address of the person responsible for its production and an identification number assigned to it by that person which shall be the same for each chart or table so produced with like numerical content and configuration.
B. The rebate may be computed using the Annual Percentage Rate required to be disclosed to the consumer pursuant to law or at that rate rounded to the nearest one half of one percent.
C. If prepayment occurs during a deferral period the amount of any deferral charge earned at the date of prepayment shall also be computed. If the deferral charge earned is less than the deferral charge paid, the difference shall be added to the unearned portion of the finance charge. If any part of a deferral charge has been earned but has not been paid, that part shall be subtracted from the unearned portion of the finance charge or shall be added to the unpaid balance.
D. Errors in calculations of rebates which occur because of a corresponding error in a chart produced and utilized in conformity with this rule shall not subject the creditor to any penalty imposed by any provision of the South Carolina Consumer Protection Code (Act 1241 of 1974 as amended) or any statute to which that Act refers [Section 6.506(3)]; provided that upon discovery of an error in a chart the creditor shall make no further rebates based on that chart and shall promptly notify the Department of Consumer Affairs in writing of the error and identify the inaccurate chart by giving the name and address of the person responsible for its production and its identification number.
28-60. Unearned Finance Charge in "Extended First Payment" Transaction.
A. For purposes of this Rule "Extended First Payment" means that the interval to the due date of the first installment exceeds the computational period applicable to the transaction. "Computational period" means (1) the interval between scheduled due dates of installments under the transaction if the intervals are substantially equal or, (2) if the intervals are not substantially equal, one month if the smallest interval between the scheduled due dates of installments under the transaction is one month or more, and otherwise, one week.
B. With respect to a transaction having an extended first payment the creditor may not exclude the extra days in the first interval or the charge for such extra days, in computing the unearned finance charge when a rebate is required under Sections 2.210 or 3.210 of the Consumer Protection Code.
C. A creditor who makes a rebate not in compliance with this Rule in connection with a consumer credit transaction made after the effective date of this Rule shall be deemed to have received an excess charge for all purposes of the Consumer Protection Code.
(Statutory Authority: 1976 Code Sections 37-1-109, 37-6-104(1)(e) and 59-29-170)
The dollar amounts in the South Carolina Consumer Protection Code Sections listed below shall change by increasing 10% with the exception of Sections 37-2-203(2) and 37-3-203(2) which have a self-executing formula of 40%. These sections shall change as indicated on July 1, 2000 in accordance with Section 37-1-109.
7/1/00 through 6/30/02
Consumer Protection Change Dollar Amount
Code Section Section From To
2.104(1)(e) Consumer Credit Sale 65,000.00 67,500.00
A. Every creditor [Section 37-1-301(13)] other than an assignee of a credit obligation making consumer credit sales [Section 37-2-104] in this State, and intending to impose a credit service charge in excess of 18% per annum in this State, and every creditor [Section 37-1-301(13)] making supervised loans [Section 37-3-501(1)] or restricted loans [Section 37-3-501(3)] in this State, shall on or before July 1, 1982 file with the Department of Consumer Affairs a rate schedule typed upon Appendix A, prepared in the format shown in Appendix B. The original of the rate schedule shall be filed with two copies, which may be legible photostatic copies of the completed Appendix A, together with a fee of $10.00 for each rate schedule filed. If a creditor is not making such loans or credit sales on July 1, 1982, the filing shall be made at least seven days before the creditor begins to make such loans or credit sales.
B. Every creditor [Section 37-1-301(13)] other than an assignee of a credit obligation, making consumer credit sales [Section 37-2-104] and intending to impose a credit service charge in excess of 18% per annum in this State, and every creditor [Section 37-1-301(13)] making supervised loans [Section 37-3-501(1)] or restricted loans [Section 37-3-501(3)] in this State, shall on or before July 1, 1982 post in one conspicuous place in every place of business in this State in which offers to make consumer credit sales, supervised loans or restricted loans are extended, a maximum rate schedule with rates that are identical to those listed in the rate schedule filed with the Department of Consumer Affairs pursuant to Section A. The posted rate schedule shall be reproduced in at least fourteen-point type, and the terms "credit service charge," or "loan finance charge" and "annual percentage rate" will be printed in larger size type than other terms in the posted rate schedule.
A creditor that has issued seller credit cards [Section 37-1-301(26)] or a creditor that has issued lender credit cards or similar arrangements [Section 37-1-301(16)] shall not be required to post a required rate schedule for such transactions in any place of business which is authorized to honor such transactions; provided that the creditor shall include a conspicuous statement of the maximum rate it intends to charge for these transactions in the initial disclosure statement required to be provided for the debtor by the Federal Truth-In-Lending Act and notifies the debtor of any change in the maximum rate on or before the effective date of the change; provided further that a creditor that has issued lender credit cards or similar arrangements shall nevertheless post the required rate schedule for such transactions at its central office (if financial transactions with consumers take place at the central office) and branch offices other than branch offices which are free standing automatic teller machines.
In the case of a creditor not making such loans or credit sales on July 1, 1982, a schedule shall be posted on or before the date the creditor begins to make such loans or credit sales.
Creditors offering to make consumer credit sales shall include the following statement in the posted rate schedule:
Consumers: All creditors making consumer credit sales in South Carolina are required by law to post a schedule showing the maximum rate of CREDIT SERVICE CHARGES expressed as the FINANCE CHARGE stated as ANNUAL PERCENTAGE RATES that the creditor intends to charge for various types of consumer credit transactions. The purpose of this requirement is to assist you in comparing the maximum rates that creditors charge, thereby furthering your understanding of the terms of consumer credit transactions and helping you to avoid the uninformed use of credit.
NOTE: Creditors are prohibited only from granting consumer credit at rates higher than those specified above. A creditor may be willing to grant you credit at rates that are lower than those specified, depending on the amount, terms, collateral and your credit worthiness.
Creditors offering to make supervised loans or restricted loans shall include the following statement in the posted rate schedule:
Consumers: All supervised and restricted creditors making consumer loans in South Carolina are required by law to post a schedule showing the maximum rate of LOAN FINANCE CHARGES stated as ANNUAL PERCENTAGE RATES that the creditor intends to charge for various types of consumer credit transactions. The purpose of this requirement is to assist you in comparing the maximum rates that creditors charge, thereby furthering your understanding of the terms of consumer credit transactions and helping you to avoid the uninformed use of credit.
NOTE: Creditors are prohibited only from granting consumer credit at rates higher than those specified above. A creditor may be willing to grant you credit at rates that are lower than those specified, depending on the amount, terms, collateral and your credit worthiness.
With the exception of the two statements set forth above (which must be printed verbatim), the creditor is free to develop a format for the posted rate schedule, so long as the requirements of conspicuousness, type size and terminology of Section 37-2-305, Section 37-3-305 and this Regulation are met. No posted rate schedule shall contain any statement, stamp of approval, or any language or symbol which suggests or implies that the posted rate(s) are suggested, or individually approved by the Department of Consumer Affairs or any other agency of State or Federal government.
C. The rate schedule required to be filed and posted by Sections A. and B. shall contain a list of the maximum credit service charges [Section 37-2-109] (in the case of consumer credit sales) or maximum loan finance charges [Section 37-3-109] (in the case of supervised or restricted consumer loans) stated as an annual percentage rate, determined in accordance with the Federal Truth-In-Lending Act as amended from time to time, and Federal Reserve Board Regulation Z as amended from time to time, that the creditor intends to charge for consumer credit transactions in each of the following categories of consumer credit:
(a) Unsecured credit sales or loans;
(b) Secured credit sales or personal loans, other than those secured by real estate;
(c) Credit sales secured by real estate or real estate mortgage loans;
(d) Open-end (revolving) credit;
(e) All other
The creditor may include as many subcategories as it chooses under each of the specified categories in accordance with the instructions on the reverse side of Appendix A.
If a creditor with multiple locations wishes to charge different maximum rates for different locations, a separate maximum rate schedule shall be filed for each location which charges maximum rates which vary from the schedule filed and posted for the main or central location.
D. A rate schedule filed shall be effective for all consumer credit extended after the close of business on the day the certified schedule is received by the creditor or seven days after the date of submission postmark, whichever is earlier; provided, however, that certification by the Department of Consumer Affairs shall not make any maximum rate schedule effective where the creditor has not otherwise complied with Section 37-2-305, Section 37-3-305 and this Regulation, and such noncompliance is not apparent on the face of the certified rate schedule filed with the Department. An example of such noncompliance would be the posting of a schedule of rates which are lower than the actual maximum rates charged.
E. A rate schedule filed and posted as required by Section 37-2-305, Section 37-3-305, and this Regulation shall remain effective until changed in accordance with Section 37-2-305, Section 37-3-305 and this Regulation. A creditor wishing to change any of the maximum rates shown on a schedule previously filed and posted or to add or delete the prescribed categories or subcategories shall file with the Department of Consumer Affairs a revised schedule on Appendix A, with two copies, which may be legible photostatic copies of the completed Appendix A, together with a fee of $10.00 for each rate schedule filed.
F. The Department of Consumer Affairs shall maintain a file for each creditor containing the original and all revised schedules filed by the creditor. A certified copy of each filing showing the date and time that it was received shall be sent to the creditor making the filing at the time of its receipt. A fee of $10.00 for each rate schedule filed by a creditor shall be payable to the Department of Consumer Affairs for its services in maintaining the rate schedule files and providing one certified copy of each rate filing to the creditor. Additional certified copies of a filing shall be provided at a charge of $4.00 per copy.
