S.C. Code Regs. § 28-500

Current through Register Vol. 48, No. 6, June 28, 2024

Section 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.

S.C. Code Regs. 28-500

Added by State Register Volume 15, Issue No. 5, eff May 24, 1991; State Register Volume 37, Issue No. 5, eff May 24, 2013.

Statutory Authority: 1976 Code Sections 56-28-20 and 56-28-90