South Carolina Code 39-61-100. Cease and desist orders; revocation or suspension of certificate of authority
(1) has violated or failed to comply with any provisions of this chapter or regulations promulgated pursuant to the authority of this chapter;
Terms Used In South Carolina Code 39-61-100
- Administrator: means the Administrator of the Department of Consumer Affairs. See South Carolina Code 39-61-20
- Club: means a person engaged in selling, furnishing, or making available to members, either as principal or agent, motor club services. See South Carolina Code 39-61-20
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
(2) has obtained a certificate of authority through wilful misrepresentation or fraud;
(3) has engaged in fraudulent or deceptive practices;
(4) has wilfully, orally or in writing, misrepresented the terms, benefits, privileges, and provisions of any service contract issued or to be issued by it or any other club;
(5) is unable to meet its obligations as determined by generally accepted accounting principles;
(6) has, after notice to the club of an alleged occurrence of any of items (1) through (5) of this section, refused without just cause to submit relevant information to the administrator with respect to the motor club services within this State.
(B) Instead of revocation, suspension, or refusal to continue a certificate of authority for a violation or violations of items (1) through (6) of subsection (A) of this section, the administrative law judge may assess an administrative penalty of not less than one hundred nor more than one thousand dollars for each violation. An accumulation of these penalties may not exceed five thousand dollars for matters commenced in any calendar year. These penalties may be assessed in connection with orders to cease and desist.