S.C. Code Regs. § § 13-1109

Current through Register Vol. 48, No. 11, November 22, 2024

Section 13-1109 - Notice of Approved Certification, Denial of Certification, and Removal from Tobacco Directory

A. The Attorney General shall promptly notify a tobacco product manufacturer in writing at the address supplied in the certification form by facsimile, electronic mail, or regular mail if the manufacturer has met the requirements of Section 11-48-30 and will be included in the directory. The notice shall include each brand family that the Attorney General determines will be included in the directory.

B. If the Attorney General intends to deny a tobacco product manufacturer or brand family a place in the directory, to remove a manufacturer or brand family from the directory, or to exclude an entity because the entity is not a tobacco product manufacturer, the Attorney General shall mail a written "Notice of Removal" to the manufacturer or entity. The "Notice of Removal" shall specify:

1. The factual and legal basis upon which the Attorney General's intended action rests;

2. The actions that the tobacco product manufacturer or entity must undertake to cure the factual or legal deficiencies upon which the intended action is based, if any; and,

3. The date upon which attempts to cure the deficiencies, if any, must be completed and documentation of completion must be submitted to the Attorney General. In no event shall the Attorney General allow the tobacco product manufacturer or entity less than seven days within which to cure the deficiencies, if any, upon which the Attorney General's intended action is based.

C. If the deficiencies have been cured to the satisfaction of the Attorney General, the Attorney General shall notify a tobacco product manufacturer in writing by facsimile, electronic mail, or regular mail that the manufacturer or brand name family will be included in the directory in accordance with Section 11-48-30.

D. If any of the deficiencies have not been cured to the satisfaction of the Attorney General, the Attorney General shall take action in accordance with Section 11-48-30 denying or removing a manufacturer, brand family, or entity a place in the directory.

E. The Attorney General may, for any reason and at the Attorney General's discretion, extend any time period allowed by this article.

S.C. Code Regs. § 13-1109

Added by State Register Volume 38, Issue No. 6, eff 6/27/2014.