S.C. Code Regs. § § 28-9

Current through Register Vol. 48, No. 10, October 25, 2024

Section 28-9 - Other Cases - Summary Procedure

A. Informal Complaint: Informal complaints pertaining to actions subject to the Department's jurisdiction 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, subject to the Department's Record Retention Policy.

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.

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) Enter into an agreement with the person to settle the matter via a non-hearing resolution or otherwise accept an assurance in writing that the person in violation of the Code will not engage in that conduct in the future;

(2) Bring an administrative action;

(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;

(6) Bring a criminal action as provided in Section 37-6-104 of the Code;

(7) Engage in an action as permitted by law.

E. Initiation of Formal Proceedings: The Administrator may initiate formal or investigative proceedings upon any matter arising out of an informal complaint.

S.C. Code Regs. § 28-9

Amended by State Register Volume 17, Issue No. 2, eff February 26, 1993; State Register Volume 37, Issue No. 5, eff May 24, 2013; State Register Volume 42, Issue No. 05, eff. 5/25/2018.