reglab/housing_qa huggingface dataset:
SC Code § 40-59-5 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-5. Application of Chapter 1; conflicts.

 Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to any entities or individuals regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-20 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-20. Definitions.

 As used in this chapter unless the context clearly indicates otherwise:  (1) "Commission" means the South Carolina Residential Builders Commission.  (2) "Department" means the Department of Labor, Licensing and Regulation.  (3) "Director" means the Director of the Department of Labor, Licensing and Regulation.  (4) "Firm" means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture or other legally constituted organization which practices or offers to practice residential building or residential specialty contracting.  (5) "License" means a license, registration, or certification issued in accordance with this chapter.  (6) "Residential builder" means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars. Anyone who engages or offers to engage in such undertaking in this State is considered to have engaged in the business of residential building.  (7) "Residential specialty contractor" means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. Residential specialty contracting includes the following areas of contracting and other areas as the commission may recognize by regulation:  (a) plumbers;  (b) electricians;  (c) heating and air conditioning installers and repairers;  (d) vinyl and aluminum siding installers;  (e) insulation installers;  (f) roofers;  (g) floor covering installers;  (h) masons;  (i) dry wall installers;  (j) carpenters;  (k) stucco installers;  (l) painters/wall paperers.  (8) As used in this chapter, the terms defined in Section 40-1-20 have the same meaning as stated in that section.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1962 Code Section 56-1545.32; 1974 (58) 1949; 1990 Act No. 595, Section 1; 1976 Code Section 40-59-10.
SC Code § 40-59-30 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-30. License requirement; enforcement of contracts; restraining orders.

 (A) A person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission, which has not expired or been revoked, suspended, or restricted or who knowingly presents to, or files with, the commission false information for the purpose of obtaining a license or registering with the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than ten thousand dollars or imprisoned for not less than thirty days, or both.  (B) Notwithstanding Section 29-5-10, or another provision of law, a person or firm who first has not procured a license or registered with the commission and is required to do so by law may not file a mechanics' lien or bring an action at law or in equity to enforce the provisions of a contract for residential building or residential specialty contracting which the person or firm entered into in violation of this chapter.  (C) Pursuant to Article 5, Chapter 23, Title 1, the commission may petition an administrative law judge to issue a temporary restraining order enjoining a violation of this chapter, pending a full hearing to determine whether the injunction must be made permanent.  HISTORY: 2002 Act No. 359, Section 1; 2009 Act No. 40, Section 4.  Editor's Note  Prior Laws:1962 Code Section 56-1545.37; 1974 (58) 1949; 1990 Act No. 595, Section 6; 1993 Act No. 72, Section 1; 1976 Code Section 40-59-70.
SC Code § 40-59-50 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-50. Compensation of members; chairman; bylaws and seal; administrator and staff; meetings; roster of licensees.

 (A) The members of the commission must be compensated for their services at the regular per diem, mileage, and subsistence rates as provided by law for members of state boards, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with, and as a result of, their work on the commission. Compensation paid and costs and expenses incurred must be paid only from the fees received by the commission pursuant to the provisions of this chapter.  (B) The commission, at its first meeting after appointment, shall organize by electing a chairman and a vice-chairman and other officers as the commission considers appropriate who shall serve for a term of one year and until their successors are appointed and qualify. The commission shall adopt bylaws for the governance of its proceedings and shall adopt a commission seal on which shall appear the words "South Carolina Residential Builders Commission".  (C) The Director of the Department of Labor, Licensing and Regulation, pursuant to Section 40-1-50, may employ an administrator to serve at the discretion of the director of the department. The duties of the administrator must be prescribed by the director.  (D) The director may also employ clerical and stenographic assistance and other personnel as may be necessary to effectuate the provisions of this chapter. The compensation of all employees of the commission must be fixed by the director and paid from the fees received by the commission pursuant to the provisions of this chapter.  (E) The Department of Labor, Licensing and Regulation shall administer the commission as a revenue funded commission in accordance with Section 40-1-50.  (F) The commission shall meet quarterly and at other times as the chairman may designate; however, the commission shall meet within thirty days after appointment for the purpose of organizing and transacting business. Four members of the commission constitute a quorum at all meetings. The administrator shall keep records of each meeting as required by the commission.  (G) A roster including the names and places of business of the residential builders and residential specialty contractors licensed or registered by the commission during the preceding year must be prepared annually by the commission and forwarded to and filed with the clerk of court for each county.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1962 Code Sections 56-1545.33, 56-1545.34, 56-1545.35, 56-1545.36; 1974 (58) 1949; 1990 Act No. 595, Sections 4, 5; 1993 Act No. 181, Sections 933, 934; 1976 Code Sections 40-59-30, 40-59-40, 40-59-60.
SC Code § 40-59-60 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-60. Additional commission operations.

 In addition to the commission operations provided in this chapter, the commission may act in accordance with those set forth in Section 40-1-60.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-70 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-70. Promulgation of regulations.

 The commission may promulgate regulations as may be necessary to effectuate the provisions of this chapter.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1962 Code Section 56-1545.42; 1974 (58) 1949; 1990 Act No. 595, Section 14; 1976 Code Section 40-59-120.
SC Code § 40-59-80 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-80. Investigation of complaints; initial complaints.

 The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80. A person, including the commission, may file an initial complaint against a licensee or registrant. The complaint must be in writing and sworn to by the person filing the complaint.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-90 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-90. Hearing before commission; notice; appearance; order; appeal.

 Charges, unless dismissed without hearing by the commission as unfounded or trivial, must be heard by the commission in an open hearing. A copy of the charges and a notice of the time and place of the hearing must be served on the respondent at least thirty days before the fixed date for the hearing. At the hearing the respondent may appear personally or be represented by counsel and may cross-examine witnesses against him and produce evidence and witnesses in his defense. After the commission issues its order, the respondent has thirty days to file with the commission written notice of his intention to appeal to an administrative law judge from the order of the commission. An appeal from an order of the commission is governed by the provisions of Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-100 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-100. Cease and desist order; temporary restraining order.

 In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the commission in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-105 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-105. Administrative citations and penalties; appeal.

 (A) The department may refer reports of violations of this chapter and Article 1, Chapter 1 or any reports of violations of regulations promulgated under this chapter directly to the commission or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an entity or individual, including unlicensed persons, for violations of this chapter as specified by the commission.  (B) Separate citations may be issued and separate administrative penalties may be assessed for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day.  (C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal, and these penalties may not exceed the following limits:  (1) for a first offense, not more than a five-hundred dollar penalty;  (2) for a second offense in a five-year period, the citation must be referred to the commission for action in accordance with Sections 40-59-90 and 40-59-110.  (D) An entity or individual assessed administrative penalties may appeal those penalties to the commission within ten days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the commission, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-110 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-110. Revocation, suspension, or restriction of license; misconduct; determination of compliance with applicable professional standards.

 In addition to the grounds provided for in Section 40-1-110, the commission, upon a majority vote, may revoke, suspend, or restrict the license or registration of a licensee or registrant who the commission finds has committed fraud or deceit in obtaining a license or registration under this chapter or has engaged in misconduct in the practice of residential building or residential specialty contracting. For purposes of this section, misconduct includes a violation of Section 40-59-25, or a pattern of repeated failure by a residential builder or residential specialty contractor to pay labor or material bills. For purposes of disciplinary matters, or otherwise, compliance with the construction standards adopted by the commission is prima facie evidence of compliance with applicable professional standards.  HISTORY: 2002 Act No. 359, Section 1; 2013 Act No. 77, Section 2, eff July 1, 2013.  Editor's Note  Prior Laws:1962 Code Section 56-1545.39; 1974 (58) 1949; 1989 Act No. 62, Section 2; 1990 Act No. 595, Section 10; 1993 Act No. 72, Section 5; 1993 Act No. 181, Section 935; 1976 Code Section 40-59-90.  Effect of Amendment  The 2013 amendment inserted "a violation of Section 40-59-25, or".
SC Code § 40-59-115 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-115. Jurisdiction over actions of licensees and former licensees.

 The commission has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-120 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-120. Fines.

 Upon a determination by the commission that one or more of the grounds for discipline of a licensee exists, as provided in Section 40-59-110 or 40-1-110, the commission, in addition to the actions provided for in Section 40-1-120, may impose a fine of not more than two thousand five hundred dollars per offense.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-130 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-130. Grounds for denial of license.

 As provided for in Section 40-1-130, the commission may deny licensure to an applicant based on the same grounds for which the commission may take disciplinary action against a licensee.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-140 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-140. Prior criminal record.

 A person may be denied licensure or registration based on a person's prior criminal record only as provided for in Section 40-1-140.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-150 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-150. Voluntary surrender of license.

 A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-160 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-160. Appeal.

 A person aggrieved by a final action of the commission may seek review of the decision in accordance with Section 40-1-160.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-170 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-170. Costs.

 A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-180 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-180. Collection and enforcement.

 All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-190 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-190. Confidentiality.

 Investigations and proceedings conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-200 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-200. Penalties.

 A person who knowingly violates the provisions of this article or regulations promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.  HISTORY: 2002 Act No. 359, Section 1.  Editor's Note  Prior Laws:1962 Code Section 56-1545.43; 1974 (58) 1949; 1990 Act No. 595, Section 15; 1993 Act No. 72, Section 9; 1993 Act No. 181, Section 937; 1976 Code Section 40-59-130.
SC Code § 40-59-210 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-210. Cease and desist orders; penalties; injunction.

 (A) In addition to all other remedies provided by law, when it appears to the commission, either upon complaint or otherwise, that a person or combination of persons has engaged, or is engaging, in an act of contracting, practice, or transaction which constitutes a violation of this chapter or any regulation or order of the commission, whether or not the person is properly licensed or registered with the commission, the commission may:  (1) serve upon the person not licensed or registered under the chapter, by certified mail or by personal service, a cease and desist order requiring the person to cease and desist from engaging in the act, practice, or transaction immediately upon receipt of the order. If the person fails to comply with the order, the director or a designee may file an action with an administrative law judge for enforcement of the cease and desist order or file an action pursuant to item (2) for wilful violation of the order. If the administrative law judge finds that the person wilfully failed to obey a valid cease and desist order, the court shall impose a civil penalty of not less than two hundred fifty dollars and not more than two thousand dollars for each violation. Any amount collected as a civil penalty must be remitted pursuant to subsection (B);  (2) apply, on its behalf, through the Attorney General, the Director of the Department of Consumer Affairs, the county attorney, or solicitor of the county in which the violation is alleged to have been committed, to the court of common pleas of that county for an injunction restraining the person from further violation. Upon a proper showing, a temporary restraining order, a preliminary injunction, or a permanent injunction may be granted without bond. Process in the action may be served upon the defendant in any county of this State where the defendant transacts business or is found.  (B) In actions brought under item (2) of subsection (A), each violation of this chapter or regulation or order of the commission constitutes a separate offense, and the court may impose a civil penalty not to exceed two thousand dollars for each violation which is in addition to all other penalties provided by law.  HISTORY: 2002 Act No. 359, Section 1.
SC Code § 40-59-230 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-230. Renewal; continuing education; notification of change of circumstances.

 (A) Unless otherwise provided under the provisions of this chapter, the commission shall annually renew all licenses upon the applicant's submission to the commission of the completed renewal application, proof of financial responsibility or bond, acceptable to the commission and payment of all applicable fees. If a license has been in inactive status for more than three years, the person shall file a new application as in the case of the issuance of an original license and is required to take and successfully complete the examination.  (B) As a condition of license renewal, the commission may require by regulation a licensee to satisfactorily complete continuing education through a program approved by the commission.  (C) A licensee must notify the commission in writing within thirty days of any change in the information required to be on file with the commission including, but not limited to, the licensee's current mailing address.  HISTORY: 2002 Act No. 359, Section 1.