reglab/housing_qa huggingface dataset:
SC Code § 40-6-310 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-310. Estate auction requirements.

 No property other than the property of a specified deceased person or the property of a specified living person's estate may be sold at auction if the auction is conducted or advertised only as an "estate auction". However, property other than those of the specified estate may be sold at the sale if all advertisements of the sale specify which items do not belong to the estate.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1988 Act No. 599, Section 2; 1976 Code Section 40-6-156.
SC Code § 40-6-320 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-320. Licensing by municipalities prohibited.

 Notwithstanding any other provision of law, municipalities may not enact ordinances to provide for the licensing of auctioneers.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-330 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-330. Auctioneer Recovery Fund; maintenance and contributions; use of excess funds.

 (A) There is created the Auctioneer Recovery Fund to be maintained by the department for the payment of claims to persons injured by licensees under this chapter. Monies in the fund must be held and carried forward by the State Treasurer separate from the general fund. At least one hundred thousand dollars for recovery and guaranty purposes must be maintained in the fund. Fund monies may be invested and reinvested by the State Treasurer in interest bearing accounts, interest accruing to the fund. Sufficient liquidity must be maintained so that there are monies available to satisfy claims processed through the commission. Expenditures from the fund must be made in accordance with this chapter without legislative appropriation. Warrants for expenditures must be drawn by the Comptroller General pursuant to claims approved and signed by the director of the department.  (B) When monies, including principal and interest, are less than forty-five thousand dollars at the end of the fiscal year after payment of claims and expenses, an individual or firm licensee shall pay, in addition to the license fees required under this chapter, a fund contribution fee to be determined by the commission. After the fund is initially established, a new applicant for individual or firm licensure also shall pay a fund contribution fee. However, any fee assessed under this subsection may not exceed fifty dollars a year.  (C) The commission may use contents of the fund in excess of one hundred thousand dollars to:  (1) promote education and research in the auctioneer profession in order to benefit persons licensed under this chapter and to improve the efficiency of the profession;  (2) underwrite educational seminars, training centers, and other forms of educational projects for the use and benefit of licensees;  (3) sponsor, contract for, or underwrite education and research projects in order to advance the auctioneers profession in South Carolina.  (D) If monies, including principal and interest, in the fund exceed one hundred twenty-five thousand dollars at the end of the fiscal year after payment of claims, expenses, and educational program funding, the amount in excess must be deposited in the state general fund.  (E) Persons licensed as auctioneers pursuant to Section 40-6-230(B) or (C) are exempt from contributing to the fund.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1991 Act No. 38, Section 1; 1993 Act No. 155, Section 15; 1976 Code Section 40-6-200.
SC Code § 40-6-340 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-340. Claims against fund; notification of licensee; investigation.

 (A) A person aggrieved by the conduct of a licensee may file a claim against the fund if the:  (1) facts giving rise to the claim are based on a specific violation of this chapter or regulations promulgated under this chapter;  (2) claimant has made demand upon the licensee by certified mail, return receipt requested, for actual damages, and the demand has been refused or ignored;  (3) claimant is not licensed under this chapter or a party jointly responsible for the claim;  (4) the claim is filed no later than one year from the date of discovery of the loss.  (B) The claim must be made under oath and upon a form the commission prescribes and shall contain:  (1) name and address of the claimant;  (2) name and address of the licensee and his last known working address;  (3) a detailed statement of the events precipitating the loss and documents and other evidence supporting the claim;  (4) amount of monies sought and evidence supporting this amount;  (5) copies of complaints and other legal process initiated, if any;  (6) disclosure of partial satisfaction received, offered, or otherwise available from the licensee, including a bond, an insurance policy, or another source of funds.  (C) Upon receiving a claim in proper form, the commission shall forward the claim by certified mail, return receipt requested, to the last known address of the licensee. The licensee, within thirty days, shall file a verified answer to the claim. If no answer is filed within thirty days, the licensee is in default, and the commission shall schedule a hearing on the claim. If the licensee fails to timely answer, the commission shall investigate the claim for not more than sixty days and promptly schedule a hearing on the claim. The licensee, commission, and claimant may present evidence and question and cross-examine witnesses as parties to the hearing.  (D) Failure of the claimant to comply with this section is a waiver of rights under this section.  (E) No claim may be made against or paid from the fund in connection with a licensee who is licensed pursuant to Section 40-6-230 (B) or (C).  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1991 Act No. 38, Section 1; 1976 Code Section 40-6-210.
SC Code § 40-6-350 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-350. Hearing by commission; compromise of claim; suspension of license pending repayment; subrogation.

 (A) Claims made against the fund pursuant to Section 40-6-340, must be heard by the commission and if ordered, must be paid in accordance with Section 40-6-360. Subject to commission approval, a claim may be compromised; however, the commission is not bound by the compromise or any stipulation of the licensee.  (B) Upon payment of a claim, the license of the person against whom the claim was made must be suspended immediately or revoked, as the commission determines. The licensee must not be issued another license until he repays the fund the monies paid on the claim against him, including interest at the rate of eight percent a year. Nothing in this section prevents the commission or any other authority from pursuing other remedies at law or equity.  (C) A claimant receiving monies from the fund shall subrogate his rights relative to the claim to the commission to the extent of monies paid, including interest, and shall cooperate with the commission in the prosecution of the subrogated claim. Amounts recovered against the licensee or other responsible parties must be deposited into the fund, less costs and expenses of collection.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1991 Act No. 38, Section 1; 1993 Act No. 155, Section 16; 1993 Act No. 181, Section 860; 1976 Code Section 40-6-220.
SC Code § 40-6-360 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-360. Limitations on payments from fund.

 Payments from the fund are limited as follows:  (1) Only the claimant's actual damages may be paid from the fund. No claimant may recover punitive, special, or consequential damages or attorney's fees.  (2) The fund is not liable for more than ten thousand dollars for each transaction, regardless of the number of persons aggrieved.  (3) The liability of the fund may not exceed in the aggregate twenty thousand dollars for one licensee in one calendar year.  (4) A party aggrieved and awarded payment by a final commission decision has a vested right for payment. Claims against the fund must be made in the same order as the awards were authorized. If claims against the fund exceed the monies in the fund, the commission shall satisfy unpaid claims as soon as sufficient monies are deposited. An award is not a claim against the State if it cannot be paid due to a lack of monies in the fund.  (5) Notwithstanding item (4), if the maximum liability of the fund is insufficient to pay in full the valid claims of aggrieved persons whose claims relate to the same transaction or to the same licensee, the amount for which the fund is liable must be distributed among the claimants on a pro rata basis. The commission may join in one action claims having a common factual basis so that an equitable distribution from the fund may be achieved.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1991 Act No. 38, Section 1; 1976 Code Section 40-6-230.
SC Code § 40-6-370 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-370. Exceptions from applicability of chapter.

 This chapter applies to all auctions held in this State except:  (1) auctions conducted by the owner of all of the goods being offered unless the owner's regular course of business includes engaging in the sale of goods or real estate by means of auction or unless the owner originally acquired the goods for the purpose of resale;  (2) auctions conducted by or under the direction of a public authority unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;  (3) auctions conducted pursuant to a judicial order;  (4) sales required by law to be at auction unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;  (5) auctions conducted on behalf of a charitable, civic, or religious organization if the person conducting the sale receives no compensation unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;  (6) auctions of motor vehicles among motor vehicle dealers if conducted by an auctioneer licensed under this chapter;  (7) auctions by a trustee pursuant to a valid power of sale.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1977 Act No. 111 Section 2; 1985 Act No. 201, Part II, Section 66; 1987 Act No. 199, Section 1; 1993 Act No. 155, Section 5; 1976 Code Section 40-6-20.
SC Code § 40-6-380 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-380. Severability.

 If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-7-5 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-5. Conflicts between this chapter and Article 1, Chapter 1.

 Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to barbers; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-10 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-10. Establishment of State Board of Barber Examiners; membership.

 The State Board of Barber Examiners is established and consists of five members appointed by the Governor with the advice and consent of the Senate for terms of four years and until successors are appointed and qualify. Four members must be licensed barbers who have been engaged in the practice of barbering for at least five years in this State, and of these members at least two must be licensed as master haircare specialists. One member must be a member from the general public not connected with the practice of barbering. Nominations for the member from the general public may be submitted to the Nominations Committee by an individual, group, or association. The Nominations Committee shall give consideration to these nominations, and the appointment of this member must be made in accordance with Section 40-1-45. The member from the general public has all the rights and privileges of the other board members except the lay member may not participate in the examination of an applicant for a license. The Governor may remove a member in accordance with Section 1-3-240 and shall appoint a member to fill the unexpired portion of the term. A majority vote is required to exercise any function of the board.  HISTORY: 1997 Act No. 137, Section 1.  Editor's Note  Prior Laws:1937 (40) 339; 1942 Code Section 5250-36; 1952 Code Section 56-253; 1962 Code Section 56-253; 1971 (57) 904; 1972 (57) 2473; 1992 Act No. 356, Section 1; 1976 Code Section 40-7-30.
SC Code § 40-7-20 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-20. Definitions.

 As used in this chapter:  (1) "Practice of barbering" means any one or a combination of:  (a) shaving or trimming a beard, cutting the hair, or hairstyling;  (b) giving facial or scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or mechanical appliances;  (c) singeing, shampooing, or dyeing the hair or applying hair tonics or chemicals to wave, relax, straighten, or bleach the hair;  (d) applying cosmetic preparations, antiseptics, powders, oils, clays, and lotions to the scalp, neck, or face;  (e) cutting, shaping, fitting, styling, and servicing hair pieces, toupees, and wigs.  (2) "Hair braiding" means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment. Hair braiding also includes the use of hair extensions, except when used in public places including, but not limited to, beaches, parks, and sidewalks.  HISTORY: 1997 Act No. 137, Section 1; 2014 Act No. 283 (H.3411), Section 1, eff June 11, 2014.  Editor's Note  Prior Laws:1937 (40) 339; 1942 Code Section 5250-32; 1952 Code Section 56-251; 1962 Code Section 56-251; 1971 (57) 904; 1976 Act No. 700, Section 2; 1985 Act No. 147, Section 1; 1976 Code Section 40-7-10.  Effect of Amendment  2014 Act No. 283, Section 1, in paragraph (2), deleted the former exclusion for the definition relating to hair extensions or wefts, and added the second sentence.
SC Code § 40-7-30 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-30. Licensure requirement.

 No person may engage in the practice of barbering unless the person is licensed in accordance with this chapter.  HISTORY: 1997 Act No. 137, Section 1; 2005 Act No. 52, Section 2.  Editor's Note  Prior Laws:1937 (40) 339; 1942 Code Section 5250-31; 1952 Code Section 56-252; 1962 Code Section 56-252; 1976 Code Section 40-7-20.
SC Code § 40-7-50 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-50. Department of Labor, Licensing and Regulation to provide all administrative and fiscal operations and activities of board; board to establish fees by regulations.

 (A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.  (B) The board shall establish in regulation fees for:  (1) examination, licensure, renewal, and reinstatement fees for student barbers, barber assistants, barber apprentices, registered barbers, master haircare specialists, barber instructors, and any other category of barber authorized by this chapter;  (2) the inspection, registration, renewal, and registration reinstatement of barbershops and barber schools and colleges.  The board may prorate the annual license fee as provided for in regulation. All licenses and registration must be renewed as of June thirtieth of each year. All fees must accompany applications, license renewals, license reinstatements, and barbershop inspections, registration, and renewals.  HISTORY: 1997 Act No. 137, Section 1.  Code Commissioner's Note  At the direction of the Code Commissioner, reference to Section 41-1-50 was changed to Section 40-1-50.
SC Code § 40-7-60 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-60. Adoption of rules; seal; regulations.

 The board may adopt rules governing its proceedings as provided for in Section 40-1-60 and shall adopt a seal for the authentication of its orders and records. The board may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, regulations for the sanitary management of barbershops and barber schools which must be approved by the Department of Health and Environmental Control and which must be furnished by the board to the owner or manager of each barbershop or barber school in the State.  HISTORY: 1997 Act No. 137, Section 1.  Editor's Note  Prior Laws:1937 (40) 339; 1942 Code Sections 5250-37, 5250-46; 1952 Code Sections 56-255, 56-268; 1962 Code Sections 56-255, 56-268; 1976 Code Sections 40-7-50, 40-7-190.
SC Code § 40-7-70 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-70. Additional powers and duties.

 In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-80 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-80. Investigation of complaints and violations of chapter.

 The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-90 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-90. Results of investigation to be presented to board; hearing.

 The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-100 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-100. Issuance of cease and desist order, or petition for temporary restraining order or other equitable relief.

 In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board 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: 1997 Act No. 137, Section 1.
SC Code § 40-7-110 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-110. Disciplinary action.

 The board may take disciplinary action against a barber permittee or licensee as provided for in Section 40-1-110 and based upon grounds enumerated in that section.  HISTORY: 1997 Act No. 137, Section 1.  Editor's Note  Prior Laws:1937 (40) 339; 1942 Code Section 5250-49; 1952 Code Section 56-273; 1962 Code Section 56-273; 1967 (55) 392; 1993 Act No. 164, Part II, Section 111; 1976 Code Section 40-7-240.
SC Code § 40-7-115 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-115. Jurisdiction of board.

 The board has jurisdiction over the actions of licensees and permittees and former licensees and permittees as provided for in Section 40-1-115.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-120 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-120. Additional disciplinary action.

 In addition to the sanctions the board may impose against a person pursuant to Section 40-1-110, the board also may take disciplinary action against a person as provided for in Section 40-1-120.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-130 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-130. Denial of permit or licensure on same grounds as potential disciplinary action.

 As provided for in Section 40-1-130, the board may deny a permit or licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee or permittee.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-140 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-140. Denial of permit or licensure based on prior criminal record.

 A permit or license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-150 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-150. Voluntary surrender of license.

 A licensee or permittee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license or permit in accordance with Section 40-1-150.  HISTORY: 1997 Act No. 137, Section 1.
SC Code § 40-7-160 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-160. Appeal.

 A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.  HISTORY: 1997 Act No. 137, Section 1.  Editor's Note  Prior Laws:1937 (40) 339; 1942 Code Section 5250-50; 1952 Code Section 56-275; 1962 Code Section 56-275; 1993 Act No. 181, Section 862; 1976 Code Section 40-7-270.
SC Code § 40-7-170 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-170. Investigation and prosecution 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: 1997 Act No. 137, Section 1.
SC Code § 40-7-180 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 7 - Barbers And Barbering|Section 40-7-180. Costs and fines subject to collection and enforcement provisions of Section 40-1-180.

 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: 1997 Act No. 137, Section 1.