S.C. Code Regs. § § 79-37

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

Section 79-37 - Claims against Surety Bond or Other Approved Security

A. In the event the responsible licensee(s) is unavailable or otherwise fails to resolve a complaint registered by a consumer, a claim may be filed against the surety bond or other approved security of the appropriate licensee(s) for the resolution of the complaint. Proceeds from the surety bond or other approved security may be disbursed only to the consumer who has followed the complaint process as provided by the Board or to a licensed retail dealer or manufacturer of a consumer's home who has performed service on the consumer's home on behalf of an out of business licensee.

(1) When it has been determined by investigation and/or inspection that the claim is valid, the consumer will be notified that a claim may be filed;

(2) If the complaint involves money, title or contractual dispute, the consumer will be requested to present receipts, canceled checks, contracts and other documentation to substantiate the claim.

(3) If the complaint involves repairs the consumer will be requested to provide estimates, which will be reviewed by the Department and an estimate will be chosen, if reasonable.

(4) In circumstances where the consumer has attempted but has been unsuccessful in obtaining estimates, the consumer may petition the Department for waiver of the requirement. The petition shall be a statement by the consumer of all efforts made in attempting to obtain estimates and the results of those efforts.

(5) If the complaint involves reimbursement for repairs the consumer will be requested to present the bill(s) received for repairs. The Department will review the cost(s) and a determination will be made as to whether the cost(s) is fair and reasonable.

(6) If repairs are necessary to maintain the safety, health and well-being of the consumer, or if a delay in repairs may cause further damage to the consumer's property, and a licensed retail dealer or manufacturer of the consumer's home is out of business, service may be provided to that consumer's home by the other currently licensed party on behalf of the out of business licensee. That licensee may petition the Board for reasonable reimbursement under the surety bond or other approved security of the licensee which is out of business.

B. All claims, upon determination by the Department to be reasonable will be presented to the Board Chairman for authorization to pay the claim.

S.C. Code Regs. § 79-37

Added by State Register Volume 29, Issue No. 2, eff February 25, 2005.