S.C. Code Ann. § 31-21-110

Investigations by commission; subpoenas

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/16/2026South CarolinaFair Housing & Anti-Discrimination

Operative Text

S.C. Code Ann. § 31-21-110
(A) In conducting an investigation, the commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy the materials and take and record the testimony or statements of persons as are reasonably necessary for the furtherance of the investigation, provided the commission first complies with the provisions of the State Constitution relating to unreasonable searches and seizures. The commission may issue subpoenas to compel its access to or the production of the materials or the appearance of the persons and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. The commission may administer oaths. Any examination, recording, copying of materials, and the taking and recording of testimony or statements of persons as reasonably are necessary for the furtherance of the investigation must be solely related to the complaint for which the subpoena was issued.

(B) Upon written application to the commission, a respondent is entitled to the issuance of a reasonable number of subpoenas by and in the name of the commission to the same extent and subject to the same limitations as subpoenas issued by the commission itself. A subpoena issued at the request of a respondent shall show on its face the name and address of the respondent and shall state that it was issued at his request.

(C) Within five days after service of a subpoena upon any person, the person may petition the commission to revoke or modify the subpoena. The commission shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason.

(D) In case of refusal to obey a subpoena, the commission or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.

(E) Witnesses summoned by a subpoena under this chapter are entitled to the same witness and mileage fees as witnesses in proceedings in court. Fees payable to a witness summoned by a subpoena issued at the request of a party must be paid by that party or, where a party is unable to pay the fees, by the commission.
Source: Legislative text reproduced verbatim
Plain English

Section 31-21-110 of the South Carolina Code establishes the investigative powers of the commission responsible for enforcing fair housing and related laws. Under this provision, the commission may access premises and records, issue subpoenas and interrogatories, administer oaths, and compel testimony—subject to constitutional protections against unreasonable searches and seizures. Respondents (those accused of a violation) also have the right to request subpoenas through the commission, and any person served with a subpoena has five days to petition for its revocation or modification. If a subpoena is ignored, enforcement can be sought in the circuit court of the relevant county.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Property owners or managers who become respondents in a commission investigation under S.C. Code Ann. § 31-21-110 should be aware that the commission holds broad authority to access premises, review records, and compel testimony through subpoenas and interrogatories. Compliant operators generally cooperate with lawful investigative requests while understanding that constitutional protections against unreasonable searches and seizures still apply. Respondents also have the affirmative right under this section to request that the commission issue subpoenas on their behalf, and any subpoena received can be challenged within five days by petitioning the commission for revocation or modification.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

For tenants involved in a fair housing complaint proceeding, S.C. Code Ann. § 31-21-110 means the commission has meaningful tools to gather evidence on their behalf, including the power to subpoena records, compel witness appearances, and administer oaths. Tenants who receive a subpoena in connection with such a proceeding have the right to petition the commission within five days to revoke or limit it if it is overly broad, burdensome, or unrelated to the matter under investigation. Those navigating a complaint process may find it helpful to consult a tenant-rights organization or legal aid provider familiar with South Carolina housing law to understand how these investigative procedures may apply to their situation.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

S.C. Code Ann. § 31-21-130
S.C. Code Ann. § 31-21-140
S.C. Code Ann. § 31-21-140
S.C. Code Ann. § 31-21-40
S.C. Code Ann. § 31-21-70

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Policies; recommendations

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