South Carolina Code of Regulations
Chapter 28 - DEPARTMENT OF CONSUMER AFFAIRS
Section 28-4 - Method of Operations
Universal Citation: SC Code Regs 28-4
Current through Register Vol. 48, No. 9, September 27, 2024
A. Functional Areas: The Department of Consumer Affairs is divided into six functional divisions. These are Administration, Consumer Services, Consumer Advocacy, Public Information and Education, Identity Theft Unit and Legal.
(1) Administration: The Administration
Division is responsible for providing administrative support to the Department
of Consumer Affairs, including procurement, human resources, accounting and
information technology. The Administrator position, the officer appointed by
the Commission on Consumer Affairs to administer Title 37 and other statutes
falling within the Department's authority and otherwise manage the day to day
operations of the agency, is located in this Division.
(2) Consumer Services: The Consumer Services
Division is responsible for handling consumer complaints. Consumer complaint
analysts receive, evaluate and process complaints arising out of the
production, promotion or sale of consumer goods or services. Complaints that
fall within the jurisdiction of another state or federal agency are referred to
such agency. Analysts engage in voluntary complaint mediation of complaints not
subject to the jurisdiction of any responsible agency.
(3) Consumer Advocacy: The Consumer Advocacy
Division is responsible for evaluating rate and other requests submitted to
various regulatory agencies, recommending intervention to the Consumer
Advocate, preparing the presentation of the consuming public's case and
representing the public in hearings and in court as appropriate. The Division
is also responsible for monitoring regulations of regulatory agencies,
reporting on their findings and evaluation of the impact of such regulations on
the public, and responding to requests for legislative assistance.
(4) Public Information and Education: The
Public Information and Education Division is the main education portal for
businesses and consumers. Communications staff are responsible for
coordinating, developing and implementing agency outreach programs, for
disseminating information on consumer credit laws, protection, and advocacy
matters to the news media and the general public.
(5) Identity Theft Unit: The Identity Theft
Unit provides education and outreach to consumers on how to deter, detect, and
defend against identity theft. Staff assists consumers in mitigating instances
of identity theft and provides education to businesses and agencies on
complying with state identity theft laws and enforces such statutes.
(6) Legal: The Legal Division is responsible
for maintaining a constant review of consumer protection law and formulating
recommendations for legislative proposals. It is also responsible for providing
legal advice and information to the Divisions of the Department of Consumer
Affairs, for rule-making and investigations. It monitors rules, regulations,
and interpretations of other Code state administrators and of appropriate
Federal agencies and formulates appropriate rules, regulations, declaratory
rulings and other interpretations of law. This Division is also responsible for
conducting litigation and administrative enforcement actions under the
provisions of the South Carolina Consumer Protection Code and other statutes
enforced by the Department.
B. Public Access: The public has access to the Department of Consumer Affairs in three ways. These are through the complaint procedures, the information procedures and the formal rule-making and petition procedures.
(1) The public has
access to the Department through the complaint procedure by virtue of an online
complaint system, a statewide toll-free WATS line, or by utilization of the
regular telephone network of the Department. Telephone numbers for the WATS
line and the regular system are published in the news media and other
appropriate informational sources at regular intervals. Informal complaints may
also be submitted to the Department in writing either utilizing the
Department's regular complaint form or in an appropriate letter or other
writing.
(2) Requests for
information may be made to the Public Information and Education Division. Any
final order, decision, opinion, rule, regulation, written statement of policy
or interpretation formulated, adopted or used by the Administrator on the
discharge of his functions or any other matter to which the public has access
by virtue of the Freedom of Information Act may be inspected at the Office of
the Administrator at any reasonable time, during normal office hours.
Voluminous requests or requests for material two years old or older may result
in a longer response time for retrieval, copying or sorting. Reasonable charges
may be imposed to recover expenses of materials and time for retrieval, copying
or sorting of information.
(3) All
requests for information which require an answer in the nature of an
interpretation, statement of official policy or position of the Department must
be submitted in writing.
(4)
Submissions or suggestions designed to improve the operation of the Department
of Consumer Affairs should be submitted in writing to the Office of
Administrator of Consumer Affairs, without regard to the division or activity
to which they may pertain.
(5)
Requests for publications which may from time to time be issued by the
Department should be addressed to the Public Information and Education
Division. Reasonable charges may be imposed to recover expenses of materials
and time for retrieval, copying or sorting of publications.
(6) Requests, submissions or any other
communication of any nature may be made in writing to the Office of the
Administrator of Consumer Affairs.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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