(1) The State Board of Financial Institutions shall examine periodically at intervals it deems appropriate the loans, business and records of every licensee. In addition, for the purpose of discovering violations of this title or securing information lawfully required, the Agency to whose supervision the organization is subject may at any time investigate the loans, business and records of any lender. For these purposes such agency shall have free and reasonable access to the offices, places of business and records of the lender. For these purposes insurance agents, brokers and premium service companies are subject to the supervision of the Department of Insurance. Other supervised financial organizations [Section 37-1-301(17)], restricted lenders and supervised lenders (Section 37-3-501) are subject to the supervision of the agency which issued its license or charter. All other lenders are subject to the supervision of the Administrator of Consumer Affairs.
(2) If the lender's records are located outside this State, the lender at his option shall make them available to the supervisory agency at a convenient location within this State, or pay the reasonable and necessary expenses for the agency or its representative to examine them at the place where they are maintained. The agency may designate representatives, including comparable officials of the State in which the records are located, to inspect them on his behalf.
(3) For the purposes of this section, the agency or official may administer oaths or affirmations, and upon its own motion or upon request of any party may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.
(4) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the agency may apply to the circuit court for an order compelling compliance.
HISTORY: 1976 Act No. 686 Section 2; 1982 Act No. 385, Section 39.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Section 37-3-101. Short title.
Section 37-3-103. Index of definitions.
Section 37-3-104. "Consumer loan" defined.
Section 37-3-105. First mortgage real estate loans.
Section 37-3-106. "Loan" defined.
Section 37-3-107. "Lender"; "precomputed"; "principal" defined.
Section 37-3-108. "Revolving loan account" defined.
Section 37-3-109. "Loan finance charge" defined.
Section 37-3-200. Restricted loans and restricted lenders.
Section 37-3-201. Loan finance charge for consumer loans.
Section 37-3-202. Additional charges.
Section 37-3-203. Delinquency charges.
Section 37-3-204. Deferral charges.
Section 37-3-205. Loan finance charge on refinancing.
Section 37-3-206. Loan finance charge on consolidation.
Section 37-3-207. Conversion to revolving loan account.
Section 37-3-208. Advance to perform covenants of debtor.
Section 37-3-209. Right to prepay.
Section 37-3-210. Rebate upon prepayment.
Section 37-3-301. Application of and compliance with Federal Truth in Lending Act.
Section 37-3-302. Receipts; statements of account; evidence of payment.
Section 37-3-303. Notice to cosigners and similar parties.
Section 37-3-304. Advertising.
Section 37-3-305. Filing and posting maximum rate schedule.
Section 37-3-306. Notice of assumption rights.
Section 37-3-308. Manufactured home loan disclosure; material terms.
Section 37-3-402. Balloon payments.
Section 37-3-403. No assignment of earnings.
Section 37-3-404. Attorney's fees.
Section 37-3-405. Charges as a result of default prohibited except as authorized by title.
Section 37-3-406. Notice of assignment.
Section 37-3-407. Authorization to confess judgment prohibited.
Section 37-3-408. Change in terms of revolving loan accounts.
Section 37-3-409. Use of multiple agreements.
Section 37-3-410. Lender subject to claims and defenses arising from sale and leases.
Section 37-3-411. Card issuer subject to claims and defenses.
Section 37-3-412. Variable interest rate real estate mortgage loans.
Section 37-3-413. Short-term vehicle secured loans; notice to borrower.
Section 37-3-502. Authority to make supervised loans.
Section 37-3-503. License to make supervised loans.
Section 37-3-504. Revocation or suspension of license.
Section 37-3-505. Records; annual reports.
Section 37-3-506. Examinations and investigations.
Section 37-3-507. Application of Part on Administrative Procedure and Judicial Review.
Section 37-3-509. Use of multiple agreements.
Section 37-3-510. Restrictions on interest in land as security.
Section 37-3-511. Regular schedule of payments; maximum loan term.
Section 37-3-512. Conduct of business other than making loans.
Section 37-3-513. Application of other provisions.
Section 37-3-514. Limitation on attorney's fees.
Section 37-3-515. Loan renewal limitations.
Section 37-3-601. Loans subject to this Title by agreement of parties.