S.C. Code Regs. 28-500 - "Lemon Law" Records
A. DEFINITIONS
Definitions shall be those contained in the Enforcement of Motor Vehicle Express Warranty Act, S.C. Code Ann. 56-28-10 et seq. (1976 as amended)
B. RECORD KEEPING
(1) Between January 1 and January 31 of each
year each manufacturer of new motor vehicles sold in this State shall provide a
report, on a form provided by the Administrator, containing a written summary
of all vehicles repurchased or replaced under Chapter 28 of Title 56 of the
South Carolina Code of Laws. These reports shall contain at least the name and
address of the customer, the make, model, color or colors, vehicle
identification number, and sales price of the motor vehicle, as well as a short
description of the nonconformity or nonconformities complained of by the
customer.
(2) Upon request of the
administrator, the manufacturer shall make available for the inspection of the
administrator or his designee, any paperwork, reports or other information
regarding automobiles repaired or replaced or otherwise subject to the
provisions of Chapter 28 of Title 56 of the South Carolina Code of Laws. Such
information shall include, without limitation:
(a) repair orders or repair date
logs;
(b) parts receipts or
invoices;
(c) retail installment
contracts;
(d) written or
electronic documentation of diagnostic testing;
(e) reports of customers or regional
representatives;
(f) parts
themselves that have been retained;
(3) Upon a manufacturer's failure to provide
the reports required by B(1) above, or upon a manufacturer's failure to respond
to or upon an incomplete or evasive response to the administrator's reasonable
request pursuant to B(2) above, the administrator may fine the manufacturer a
penalty of up to one thousand (1,000.00) dollars for each failure; after notice
and a hearing conducted pursuant to the Administrative Procedures Act (Act 176
of 1977 as amended.) After notice to the manufacturer, each day in which the
manufacturer is shown to have failed to comply will be deemed a separate
violation.
Notes
Statutory Authority: 1976 Code Sections 56-28-20 and 56-28-90
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