reglab/housing_qa huggingface dataset:
SC Code § 40-59-820 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-820. Definitions.

 As used in this article:  (1) "Action" means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling.  (2) "Claimant" means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling.  (3) "Construction defect" means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:  (a) defective material, products, or components used in the construction of residential improvements;  (b) violation of the applicable codes in effect at the time of construction of residential improvements;  (c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or  (d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes.  (4) "Dwelling" means a single-family house or duplex or a multifamily unit not to exceed sixteen units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction.  (5) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.  HISTORY: 2003 Act No. 82, Section 1.  Editor's Note  2003 Act No. 82, Section 2, provides as follows:  "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
SC Code § 40-59-830 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-830. Stay of action until compliance with article.

 If the claimant files an action in court before first complying with the requirements of this article, on motion of a party to the action, the court shall stay the action until the claimant has complied with the requirements of this article.  HISTORY: 2003 Act No. 82, Section 1.  Editor's Note  2003 Act No. 82, Section 2, provides as follows:  "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
SC Code § 40-59-840 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-840. Notice of claim; timing; contents; request for clarification.

 (A) In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor. The notice of claim must contain the following:  (1) a statement that the claimant asserts a construction defect;  (2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and  (3) a description of any results of the defect, if known.  The contractor or subcontractor shall advise the claimant within fifteen days of receipt of the claim if the construction defect is not sufficiently stated and shall request clarification.  HISTORY: 2003 Act No. 82, Section 1.  Editor's Note  2003 Act No. 82, Section 2, provides as follows:  "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
SC Code § 40-59-850 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-850. Contractor's election to inspect, remedy, settle, or deny claim; inspection of construction defect; response to contractor's offer; admissibility.

 (A) The contractor or subcontractor has thirty days from service of the notice to inspect, offer to remedy, offer to settle with the claimant, or deny the claim regarding the defects. The claimant shall receive written notice of the contractor's or subcontractor's, as applicable, election under this section. The claimant shall allow inspection of the construction defect at an agreeable time to both parties, if requested under this section. The claimant shall give the contractor and any subcontractors reasonable access to the dwelling for inspection and if repairs have been agreed to by the parties, reasonable access to affect repairs. Failure to respond within thirty days is deemed a denial of the claim.  (B) The claimant shall serve a response to the contractor's offer, if any, within ten days of receipt of the offer.  (C) If the parties cannot settle the dispute pursuant to this article, the claimant may proceed with a civil action or other remedy provided by contract or by law.  (D) Any offers of settlement, repair, or remedy pursuant to this section, are not admissible in an action.  HISTORY: 2003 Act No. 82, Section 1.  Editor's Note  2003 Act No. 82, Section 2, provides as follows:  "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
SC Code § 40-59-860 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 59 - Residential Home Builders|Section 40-59-860. Claims for personal injury or death; designation for stay on Civil Action Cover Sheet.

 (A) Nothing in this article applies to actions arising out of claims for personal injury or death, or both.  (B) Court Administration must develop a designation on the Civil Action Cover Sheet which indicates whether a stay has been granted for a civil action filed pursuant to the South Carolina Notice and Opportunity to Cure Construction Defects Act.  HISTORY: 2003 Act No. 82, Section 1.  Editor's Note  2003 Act No. 82, Section 2, provides as follows:  "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
SC Code § 40-60-5 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-5. Citation and application of chapter; conflict with Article 1, Chapter 1, Title 40.

 (A) This chapter may be cited as the "South Carolina Real Estate Appraiser License and Certification Act".  (B) Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to real estate appraisers; however, if there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.  HISTORY: 2006 Act No. 257, Section 1.  Editor's Note  Prior Laws:2000 Act No. 335, Section 1.
SC Code § 40-60-30 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-30. License requirement; exceptions.

 It is unlawful for an individual to assume or use a title, designation, or abbreviation likely to create the impression that the person is a real estate appraiser or to engage in real estate appraisal activity or advertise as an appraiser without a valid license issued by the department. However, nothing in this chapter may be construed to apply to:  (1) A real estate licensee licensed in accordance with Chapter 57, Title 40 who performs a market analysis or gives an opinion as to the price of real estate on the condition that the market analysis or opinion is not referred to as an appraisal. Before performing a market analysis, the real estate licensee must disclose to the requesting party: "This market analysis may not be used for the purposes of obtaining financing in a federally related transaction".  (2) A forester registered pursuant to Chapter 27, Title 48 who appraises or values standing or growing timber or timberland located in this State and issues an appraisal or valuation on the timber or timberland, as permitted by Chapter 27, Title 48 and Regulation 53-13. When an appraisal or valuation is to be used in a federally related transaction, the registered forester must be licensed or certified under this chapter if required by federal law or regulation.  (3) An employee of a lender in the performance of appraisals or valuations with respect to which federal law or regulations does not require a licensed or certified appraiser. This exception does not apply to third party contractors.  HISTORY: 2006 Act No. 257, Section 1; 2016 Act No. 243 (H.5023), Section 3, eff June 5, 2016.  Editor's Note  Prior Laws:1991 Act No. 12, Section 1; 1993 Act No. 143, Section 1; 2000 Act No. 335, Section 1.  Effect of Amendment  2016 Act No. 243, Section 3, in the first paragraph, inserted "real estate" before "appraisal activity"; in (1), deleted a hyphen between "federally" and "related"; rewrote (2), substituting "values" and "valuation" for "evaluates" and "evaluation", adding reference to Chapter 27, Title 48 and Regulation 53-13 at the end of the first sentence, and deleting a hyphen between "federally" and "related"; and added (3), relating to an exception.
SC Code § 40-60-31 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-31. Qualifications.

 To qualify as an appraiser, an applicant shall:  (1) have attained the age of eighteen years;  (2) satisfy educational requirements of having:  (a) graduated from high school or hold a certificate of equivalency to become an apprentice appraiser;  (b) an associate degree or its equivalent as promulgated by the board through regulation to become a licensed appraiser; or  (c) a bachelor's degree or its equivalent as promulgated by the board through regulation to become a state-certified residential appraiser or state-certified general appraiser;  (3) submit proof of completion of qualifying education and, if applicable, experience requirements as specified in this chapter;  (4) submit certificates of licensure from all jurisdictions where presently or previously certified;  (5) undergo a criminal background check in compliance with AQB requirements to be submitted by the applicant with his application; and  (6) pass an examination, if applicable. Effective July 1, 2014, an applicant who does not become licensed or certified within two years after passing the examination must retake the examination.  HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 2, eff May 16, 2014.  Editor's Note  Prior Laws:1991 Act No. 12, Section 1; 1993 Act No. 143, Section 3; 2000 Act No. 335, Section 1; 1976 Code Sections 40-60-70, 40-60-80.  Effect of Amendment  2014 Act No. 180, Section 2, rewrote subsection (2), added subsection (5); redesignated former subsection (5) as subsection (6); and rewrote subsection (6).
SC Code § 40-60-32 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-32. Application forms.

 An application for examination, permit, licensure, or certification must be completed in writing on a form prescribed by the department.  HISTORY: 2006 Act No. 257, Section 1.  Editor's Note  Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-90.
SC Code § 40-60-36 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-36. Approval of courses, educational providers and instructors; instructor workshops.

 (A) The board shall establish and publish standards relevant to the approval and conduct of appraiser education required by this chapter.  (B) The board shall review, approve, and regulate educational courses required by this chapter and providers and instructors of these courses including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, individuals, and institutions.  (C) The board may deny, publicly or privately reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the board finds that the education provider or instructor has violated or failed to satisfy the provisions of this chapter or the regulations and standards promulgated pursuant to this chapter.  (D) Application by providers seeking approval to offer and conduct educational instruction or application by instructors must be made on a form prescribed by the board and accompanied by applicable fees not less than sixty days before a course offering and must be approved by the board before the commencement of any instruction.  (E) If an application for provider, instructor, or course is not approved, the reason must be detailed, and the applicant must be given thirty days to respond.  (F) Upon approval, certificates must be issued to providers, courses, and instructors to be renewed biennially.  (G) Approved courses must be taught by approved instructors who are qualified and have demonstrated knowledge of the subject matter to be taught as well as the ability to teach.  (H) Approved instructors shall attend biennial instructor development workshops sponsored by the board whenever possible or provide evidence of equivalent hours of continuing education that increases their knowledge of either the subject content in their area of expertise or their teaching techniques.  HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 6, eff May 16, 2014; 2016 Act No. 243 (H.5023), Section 5, eff June 5, 2016.  Effect of Amendment  2014 Act No. 180, Section 6, substituted "board" for "department" throughout.  2016 Act No. 243, Section 5, in (C), inserted "publicly or privately".
SC Code § 40-60-37 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-37. Reciprocal applications from appraisers from other jurisdictions; consent of nonresident appraiser to South Carolina court jurisdiction.

 (A) The board may accept reciprocal applications from appraisers from other jurisdictions. These applicants may be given waivers of education, examination, and experience requirements if the board considers the education and examination requirements of another jurisdiction to be substantially equivalent to the requirements of this chapter.  (B) A nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in a judicial circuit of the State in which a cause of action may arise or in which the plaintiff may reside by the service of process or pleading, authorized by the laws of the State, on the Director of the Department of Labor, Licensing and Regulation. The consent must stipulate that the service of process or pleading must be taken and held in all courts to be as valid and binding as if service had been made upon the applicant in South Carolina. If the process or pleadings mentioned in this chapter are served upon the Director of the Department of Labor, Licensing and Regulation, it must be by duplicate copies, one of which must be filed in the office of the board and the other immediately forwarded by the board by registered or certified mail to the applicant against whom the process or pleadings are directed, at the last known address of the applicant as shown by the records of the board.  HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 7, eff May 16, 2014.  Editor's Note  Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-120.  Effect of Amendment  2014 Act No. 180, Section 7, in subsection (A), substituted "accept reciprocal applications from appraisers from other jurisdictions. These applicants may be given" for "enter into reciprocal agreements with appraiser regulatory authorities of other jurisdictions which provide for".
SC Code § 40-60-38 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-38. Adoption of and conformity to national standards of professional appraiser practice.

 The board shall adopt the standards and amendments to these standards of professional appraisal practice, as promulgated by the Appraisal Standards Board of the Appraisal Foundation. All apprentice appraisers and state licensed and certified appraisers shall conform their professional conduct to the National USPAP and its amendments, as promulgated by the Appraisal Standards Board.  HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 8, eff May 16, 2014.  Editor's Note  Prior Laws:1993 Act No. 143, Section 6; 1994 Act No. 385, Section 22; 2000 Act No. 335, Section 1; 1976 Code Sections 40-60-145, 40-60-240.  Effect of Amendment  2014 Act No. 180, Section 8, substituted "apprentice appraisers" for "appraiser apprentices".
SC Code § 40-60-39 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-39. Conformity of education and other requirements to those established by federal statutes and regulations.

 The board is authorized to waive or to modify any experience, examination, or education requirements established for appraisers in this chapter in order to bring those requirements into conformity with any requirements established by federal statutes and regulations relating to state licensure of appraisers as established by federal financial institutions regulatory agencies, as defined in Title XI of the U.S. Code, or the Department of Housing and Urban Development, or other similar agencies.  HISTORY: 2006 Act No. 257, Section 1.  Editor's Note  Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-250.
SC Code § 40-60-40 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-40. Appraiser contact information; notification of change of address or telephone number; service of notice.

 (A) Each licensee and apprentice must maintain on file with the board a current street address at which they may be found.  (B) Each licensee and apprentice must notify the board in writing within fifteen days of any change in residential address, office address, or office telephone number.  (C) Service of any notice upon a licensee who cannot be found at the last known address provided by the licensee may be made by leaving with the director, or designee, a copy of the notice and any accompanying documents along with proof of attempted service at the last known address. The board may set aside and reopen a proceeding upon satisfactory showing by the licensee of good cause as to why the licensee did not receive service of the notice.  HISTORY: 2006 Act No. 257, Section 1.
SC Code § 40-60-50 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-50. Administrative support; lists of licensed and certified real estate appraisers; fees.

 (A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspection, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.  (B) The board periodically shall transmit to the appraisal subcommittee as defined in Section 40-60-20(6), a roster of individuals who have become state licensed real estate appraisers and state certified real estate appraisers and shall collect and transmit any information or fees established under Public Law 101-73, Title XI, Real Estate Appraisal Reform Amendments. The board may collect a processing fee necessary to carry out its duties under this subsection.  (C) Initial fees must be established by the board in statute or regulation and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50 to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board.  (D) Application and license fees are payable to the department in advance and must accompany an examination application or a license application. Fees are nonrefundable.  HISTORY: 2006 Act No. 257, Section 1; 2016 Act No. 243 (H.5023), Section 6, eff June 5, 2016.  Effect of Amendment  2016 Act No. 243, Section 6, in (D), deleted the former second sentence, relating to certified funds.
SC Code § 40-60-70 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-70. Code of ethics.

 Appraisers shall conduct themselves in accordance with a code of ethics adopted by the board.  HISTORY: 2006 Act No. 257, Section 1.
SC Code § 40-60-80 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-80. Investigation of complaints and violations; stays; appeal.

 (A) The department shall investigate complaints and violations of this chapter as provided in this chapter and Section 40-1-80.  (B) If a complaint filed with the board involves an appraisal report that varies from a sales, lease, or exchange price, the board may decline to conduct an investigation.  (C) The board is prohibited from conducting an investigation based solely on a dispute over the value of property for ad valorem tax purposes.  (D) A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160 and the South Carolina Administrative Procedures Act.  HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 9, eff May 16, 2014; 2016 Act No. 243 (H.5023), Section 7, eff June 5, 2016.  Editor's Note  Prior Laws:1991 Act No. 12, Section 1; 1993 Act No. 143, Section 7; 1993 Act No. 181, Section 938; 1994 Act No. 385, Section 22; 2000 Act No. 335, Section 1; 1976 Code Sections 40-60-160, 40-60-150.  Effect of Amendment  2014 Act No. 180, Section 9, in subsection (A), inserted "this chapter and".  2016 Act No. 243, Section 7, deleted former (D), relating to stay or supersedeas; redesignated former (E) as (D); and in (D), inserted reference to the Administrative Procedures Act.
SC Code § 40-60-90 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act|Section 40-60-90. Power to administer oaths.

 In addition to the powers and duties enumerated in Section 40-1-90, the presiding officer of the board may administer oaths when taking testimony upon any and all matters pertaining to the business or duties of the board.  HISTORY: 2006 Act No. 257, Section 1.