S.C. Code Regs. 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.
Notes
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