(1) If the administrator has probable cause to believe that a person has engaged in an act which is subject to action by the administrator, he may make an investigation to determine if the act has been committed, and, to the extent necessary for this purpose, may administer oaths or affirmations, and, upon his 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.
(2) If the person's records are located outside this State, the person at his option shall either make them available to the administrator at a convenient location within this State or pay the reasonable and necessary expenses for the administrator or his representative to examine them at the place where they are maintained. The administrator may designate representatives, including comparable officials of the State in which the records are located, to inspect them on his behalf.
(3) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected, the administrator may apply to the Administrative Law Court for an order compelling compliance.
(4) The administrator shall not make public the name or identity of a person whose acts or conduct he investigates pursuant to this section or the facts disclosed in the investigation, but this subsection does not apply to disclosures in actions or enforcement proceedings pursuant to this title.
HISTORY: 1962 Code Section 8-800.376; 1974 (58) 2879; 2005 Act No. 128, Section 3, eff July 1, 2005.
Editor's Note
2005 Act No. 128, Section 27, provides as follows:
"This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Section 37-6-101. Short title.
Section 37-6-102. Applicability.
Section 37-6-103. "Administrator" defined.
Section 37-6-105. Administrative powers with respect to supervised financial organizations.
Section 37-6-106. Investigatory powers.
Section 37-6-107. Administrative actions.
Section 37-6-108. Administrative enforcement orders.
Section 37-6-109. Assurance of discontinuance.
Section 37-6-110. Injunctions against violations of title.
Section 37-6-112. Temporary relief.
Section 37-6-113. Civil actions by administrator.
Section 37-6-115. Remedies not affected.
Section 37-6-117. Administrative responsibilities respecting consumer protection generally.
Section 37-6-118. Investigation of unfair trade practices in consumer transactions.
Section 37-6-119. Trade practices targeting vulnerable adults prohibited; penalties.
Section 37-6-201. Applicability.
Section 37-6-202. Notification.
Section 37-6-204. Notification; persons making consumer rental-purchase agreements.
Section 37-6-301. Council of Advisors on Consumer Credit.
Section 37-6-302. Function of council; conflict of interest.
Section 37-6-401. Applicability and scope; conflict with Administrative Procedures Act.
Section 37-6-402. "Contested case"; "license"; "licensing"; "party"; "rule" defined.
Section 37-6-403. Public information; adoption of rules; availability of rules and orders.
Section 37-6-404. Procedure for adoption of rules.
Section 37-6-405. Filing and taking effect of rules.
Section 37-6-406. Publication of rules.
Section 37-6-407. Petition for adoption of rules.
Section 37-6-408. Declaratory judgment on validity or applicability of rules.
Section 37-6-409. Declaratory rulings by administrator.
Section 37-6-410. Contested cases; notice; hearing; records.
Section 37-6-411. Rules of evidence; official notice.
Section 37-6-412. Decisions and orders.
Section 37-6-414. Contested case hearings before the Administrative Law Court.
Section 37-6-501. Department of Consumer Affairs; Commission on Consumer Affairs; administrator.
Section 37-6-502. Members of Commission on Consumer Affairs; terms; vacancies.
Section 37-6-503. Quorum; meetings.
Section 37-6-504. Bonds of Commission members.
Section 37-6-505. Compensation and expenses of Commission members.
Section 37-6-506. Powers and duties of Commission.
Section 37-6-507. Qualifications of administrator.
Section 37-6-508. Deputy administrator.
Section 37-6-509. Oath and bond of administrator.
Section 37-6-512. Advisory committee of persons with cognizable handicaps.
Section 37-6-601. Division of Consumer Advocacy created.
Section 37-6-602. Consumer Advocate; qualifications.
Section 37-6-603. Staff and expenses.
Section 37-6-604. Functions and duties of division.
Section 37-6-605. Access to records of state agencies and insurance companies.
Section 37-6-606. Petitions filed by advocate with regulatory agencies in interest of consumers.
Section 37-6-607. Advocate may maintain actions for judicial review.
Section 37-6-608. Temporary staff; compensation.
Section 37-6-609. Discretion as to Consumer Advocate's decisions.