South Carolina Code of Laws
Chapter 6 - Administration
Section 37-6-402. "Contested case"; "license"; "licensing"; "party"; "rule" defined.

In this part:
(1) "Contested case" means a proceeding including, but not restricted to, a proceeding initiated pursuant to the provisions on administrative enforcement orders as provided in Section 37-6-108(A) and licensing matters in which the legal rights, duties, or privileges of a party are required by law to be determined after an opportunity for hearing.
(2) "License" means a license authorizing a person to make supervised loans pursuant to the provisions on authority to make supervised loans (Section 37-3-502) and restricted loans pursuant to Chapter 29, Title 34 (the South Carolina Consumer Finance Act).
(3) "Licensing" includes the Board of Bank Control's process respecting the grant, denial, revocation, suspension, annulment, withdrawal, or amendment of a license.
(4) "Party" means the administrator and each person named or admitted as a party, or who is aggrieved by action taken and seeks to be admitted as a party.
(5) "Rule" means each rule authorized by this title that applies generally and implements, interprets or prescribes law or policy, or each statement by the administrator that applies generally and describes the administrator's procedure or practice requirements or the organization of his office. The term includes the amendment or repeal of a prior rule but does not include:
(a) statements concerning only the internal management of the administrator's office and not affecting private rights or procedures available to the public;
(b) declaratory rulings issued pursuant to the provisions of declaratory rulings by administrator (Section 37-6-409);
(c) intraoffice memoranda.
HISTORY: 1962 Code Section 8-800.422; 1974 (58) 2879; 1976 Act No. 680 Sections 50-52; 2005 Act No. 128, Section 21, 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

South Carolina Code of Laws

Title 37 - Consumer Protection Code

Chapter 6 - Administration

Section 37-6-101. Short title.

Section 37-6-102. Applicability.

Section 37-6-103. "Administrator" defined.

Section 37-6-104. Powers of administrator; harmony with Federal regulations; reliance on rules; duty to report.

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 37-6-111. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.

Section 37-6-112. Temporary relief.

Section 37-6-113. Civil actions by administrator.

Section 37-6-115. Remedies not affected.

Section 37-6-116. Venue.

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 37-6-203. Fees.

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 37-6-303. Meetings.

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 37-6-413. Licenses.

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 37-6-510. Personnel.

Section 37-6-511. Department to maintain file for each creditor of rate schedules filed by creditor; certified copies; fees.

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.