reglab/housing_qa huggingface dataset:
SC Code § 40-57-750 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-750. Costs of investigation and prosecution of violations.

 Payment and collection of costs associated with investigations and prosecution of violations under this chapter must comply with Section 40-1-170.  HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-190; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, reenacted this section with no changes.
SC Code § 40-57-760 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-760. Imposition of costs; collection.

 Imposition and collection of all costs and fines imposed pursuant to this chapter must comply with Section 40-1-180.  HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-200; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, reenacted this section with no changes.
SC Code § 40-57-770 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-770. Confidentiality and privileged communications.

 An investigation conducted pursuant to this chapter is confidential. Related communications are privileged as provided in Section 40-1-190.  HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-210; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, rewrote the section.
SC Code § 40-57-780 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-780. Failure to renew or register license; penalties.

 A real estate broker, salesperson, or property manager who fails to renew or register a license and continues to engage in the business permitted pursuant to the license is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.  HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-220; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Editor's Note  Prior Laws:1956 (49) 2046; 1962 Code Section 56-1545.23; 1986 Act No. 353, Section 13; 1991 Act No. 12, Section 11; 1976 Code Section 40-57-240.  Effect of Amendment  2016 Act No. 170, Section 1, rewrote the section.
SC Code § 40-57-790 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-790. Civil actions.

 A civil action may be brought for violations of this chapter as provided for violations of Article 1, Chapter 1, in accordance with Section 40-1-210.  HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-230; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, substituted "Article 1, Chapter 1," for "Title 40, Chapter 1, Article 1".
SC Code § 40-57-800 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-800. Service of notice; continuance.

 (A) Service of a notice provided for by law upon a nonresident licensed under this chapter or upon a resident who, having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by providing a copy of the notice, and accompanying documents. A copy of the notice, accompanying documentation, and a certified copy of the service on the administrator must be mailed to the licensee at his last known address, return receipt requested. The administrator shall keep a record of the day of the service of the notice and the return receipt must be attached to and made part of the return of service of the notice by the commission.  (B) A continuance may be given in a hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.  HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-170; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, in (A), substituted "providing" for "leaving with the Director of the Department of Labor, Licensing and Regulation", substituted "accompanying documentation" for any accompanying documents", and twice substituted "administrator" for "director".
SC Code § 40-57-810 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers|Section 40-57-810. Severability.

 If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.  HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-250; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.  Effect of Amendment  2016 Act No. 170, Section 1, rewrote the section.
SC Code § 40-58-10 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-10. Citation of chapter; mortgage loan broker requirements.

 (A) This chapter may be cited as the Licensing of Mortgage Brokers Act.  (B) A person may not broker a mortgage loan as defined in this chapter unless the broker of the mortgage loan:  (1) is an exempt person as defined by Section 40-58-20(16); or  (2) has complied with the provisions of this chapter.  HISTORY: 2009 Act No. 67, Section 5.  Editor's Note  Prior Laws:1988 Act No. 544; 1993 Act No. 172, Section 1; 1998 Act No. 336, Section 2; 2005 Act No. 7, Section 1.
SC Code § 40-58-30 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-30. Mortgage brokers and loan originators to be licensed; exceptions.

 (A) A person may not act as a mortgage broker in this State without first being licensed with the administrator. A person, required to be licensed pursuant to this chapter, may not do business without a license under any name or title, or circulate or use advertising, including electronic means, or make a representation or give information to any person, which indicates or reasonably implies activity within the scope of this chapter unless that person has a license.  (B) It is unlawful for a person to employ, to compensate, or to appoint as its agent a loan originator unless the loan originator is licensed pursuant to this chapter. The license of a loan originator is not effective during any period when that person is not employed by a mortgage broker licensed pursuant to this chapter. When a loan originator ceases to be employed by a licensed mortgage broker, the loan originator and the mortgage broker by whom that person was employed shall notify promptly the administrator in writing. The mortgage broker's notice must include a statement of the specific reason or reasons for the termination of the loan originator's employment. The reason for termination is confidential information and must not be released to the public. A loan originator must not be employed simultaneously by more than one mortgage broker. If a licensed loan originator changes employment, a new license must be issued and a fee of twenty-five dollars must be paid for issuance of the new license.  (C) Notwithstanding subsection (A) of this section, the provisions of this chapter do not apply to an exempt person.  (D) Independent contractors, including processors and underwriters, must be separately licensed.  HISTORY: 2009 Act No. 67, Section 5.  Editor's Note  Prior Laws:1988 Act No. 544; 1993 Act No. 172, Section 1; 1998 Act No. 336, Section 4; 2005 Act No. 7, Section 1.
SC Code § 40-58-40 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-40. Surety bonds; determination of amount; uses.

 A mortgage broker shall post and maintain a surety bond in an amount determined by the administrator that is based on the total dollar amount of mortgage loans originated in a calendar year pursuant to the following: (1) dollar volume of mortgage loans from $0 to $49,999,999 surety bond of $25,000, (2) dollar volume of mortgage loans from $50,000,000 to $99,999,999 surety bond of $40,000, (3) dollar volume of mortgage loans greater than $100,000,000 surety bond of $55,000. In no case will the surety bond be less than the amount of twenty-five thousand dollars. The surety bond must be executed by a surety company authorized by the laws of this State to transact business within this State. The surety bond must be in a form satisfactory to the administrator, must be executed to the administrator, and must be for the use of the State for the recovery of expenses, fines, and/or fees levied pursuant to this chapter and for consumers who have losses or damages as a result of noncompliance with this chapter by the mortgage broker. The full amount of the surety bond must be in effect at all times. The license of a licensee expires upon the termination of the bond by the surety company, unless a new bond has been filed with the administrator before the termination of the previous bond. In the event that the license expires based on bond termination, all licensed activity must cease and the person must apply for a license pursuant to Section 40-58-50.  HISTORY: 2009 Act No. 67, Section 5.  Editor's Note  Prior Laws:1988 Act No. 544; 1989 Act No. 52, Section 1; 1993 Act No. 172, Section 1; 2005 Act No. 7, Section 1.
SC Code § 40-58-55 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-55. (Reserved).

 HISTORY: 2009 Act No. 67, Section 5.
SC Code § 40-58-60 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-60. Issuance of license; contents and posting; issuance as indication of approval of contracts by State or state agency; correction of errors; advertising.

 (A) Upon the filing of an application for a license, if the administrator finds that the financial responsibility, experience, character, and general fitness of the applicant, and of the members if the applicant is a partnership, association, or limited liability company, and of the officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business may be operated honestly, fairly, and efficiently according to the purposes of this chapter and in accordance with all applicable state and federal laws, it shall license the applicant and issue a license. If the administrator does not so find, it shall refuse to license the applicant and shall notify him of the denial.  (B) Upon the receipt of the license, the licensee is authorized to engage in the business for which the license was issued.  (C) Each license issued to a licensee must state the address at which the business is to be conducted and must state fully the name of the licensee and the date of the license. A license must be posted prominently in each place of business of the licensee. The license is not transferable or assignable.  (D) Issuance of a license does not indicate approval or acceptance of any contract, agreement, or other document submitted in support of the application. A licensee may not represent that its services or contracts are approved by the State or a state agency.  (E) If the information contained in any document filed with the administrator is or becomes inaccurate or incomplete in a material respect, the licensee promptly shall file a correcting amendment to the information contained in the document.  (F) All advertisements of mortgage loans must comply with the Truth in Lending Act, 15 U.S.C. 1601, et seq., and the South Carolina Consumer Protection Code, Title 37.  (G) Transitional licenses will be granted as authorized by and pursuant to the SAFE Act.  HISTORY: 2009 Act No. 67, Section 5; 2017 Act No. 93 (S.366), Section 12, eff September 16, 2017.  Editor's Note  Prior Laws:1988 Act No. 544; 1993 Act No. 172, Section 1; 1998 Act No. 336, Section 7; 2005 Act No. 7, Section 1.  Effect of Amendment  2017 Act No. 93, Section 12, added (G), authorizing transitional licenses; and made nonsubstantive changes.
SC Code § 40-58-67 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-67. Continuing professional education requirements.

 (A)(1) Licensees must complete at least eight hours of continuing professional education annually, which must include at least one hour on South Carolina laws and regulations. Continuing education credit may be granted only for the year in which the class is taken and may not be granted for the same course in successive years. The continuing professional education completed must be reported to the administrator annually. Course providers must maintain records of attendees for two years after the course.  (2) Documentation of courses completed must be maintained by the mortgage broker for all licensees and shall consist of a certificate of completion issued by the provider of the course showing the recommended number of hours of continuing professional education. This documentation is subject to inspection by the administrator for up to two years after the date of the course.  (B) If a licensee fails to complete his continuing professional education prior to renewal, his license shall expire and the licensee shall pay a penalty of one hundred dollars in order to renew the license.  (C) All prelicensing education, continuing education, and written examinations must be approved through the Nationwide Mortgage Licensing System and Registry pursuant to 12 U.S.C. 5101 et seq. before credit may be awarded. Applicants and licensees that successfully complete education or testing approved through the Nationwide Mortgage Licensing System and Registry shall fulfill the requirements of this State.  HISTORY: 2009 Act No. 67, Section 5; 2017 Act No. 93 (S.366), Section 14, eff September 16, 2017.  Editor's Note  Prior Laws:1998 Act No. 336, Section 1; 2005 Act No. 7, Section 1.  Effect of Amendment  2017 Act No. 93, Section 14, in (A)(1), inserted ", which must include at least one hour on South Carolina laws and regulations".
SC Code § 40-58-75 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-75. Mortgage broker fee agreements disclosing charges.

 (A) Within three business days of the receipt of an application for a mortgage loan, the broker must provide a mortgage broker fee agreement that discloses the total estimated charges to the borrower for the mortgage loan and an itemization of the charges provided if required under, federal or state law. The disclosure is considered delivered when deposited with United States Postal Service for first class delivery.  (B) A person may not earn, charge, or collect a mortgage broker or processing fee unless the person meets the requirements of this chapter, is authorized to conduct mortgage brokerage services by this chapter, or is exempt from the requirements of this chapter.  (C) All fees earned for services rendered as a mortgage broker must be disclosed to the applicant by the mortgage broker as required by federal or state law.  (D) A mortgage broker fee agreement must be in writing and include the current name, address, and telephone number of the mortgage broker's branch office, the account number, if any, the date of the agreement, the name of the borrower or proposed borrower, signature of the borrower and mortgage broker, the amount of any fees, and the nature of services provided to the borrower. A copy of the completed agreement must be provided to the borrower by the mortgage broker. The mortgage broker agreement may provide for a signed acknowledgement by the borrower of receipt of a copy of the agreement. If a mortgage broker co-brokers mortgage loans, the mortgage broker agreement must contain a statement advising the applicant that the loan may be co-brokered. Within three days of making a final decision to co-broker a loan, the broker must provide the applicant with written notice of co-brokering, including the name and street and mailing address of the co-broker as well as which broker is to be contacted regarding progress of the mortgage broker's services provided to the applicant. Each broker in a co-brokering arrangement must be licensed with the administrator.  (E) Additional disclosure requirements exist and must be complied with pursuant to Chapter 10 and Chapter 23, Title 37.  HISTORY: 2009 Act No. 67, Section 5.  Editor's Note  Prior Laws:1993 Act No. 172, Section 1; 2005 Act No. 7, Section 1.
SC Code § 40-58-78 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-78. Mortgage broker fee agreement requirements; penalty for violations; unintentional violations.

 (A) A mortgage broker fee agreement with a mortgage broker or loan originator must contain an explicit statement that:  (1) the mortgage broker or loan originator is acting as the agent of the borrower in providing brokerage services to the borrower;  (2) when acting as agent for the borrower, it owes to that borrower a duty of utmost care, honesty, and loyalty in the transaction, including the duty of full disclosure of all material facts. If the mortgage broker or loan originator is authorized to act as an agent for any other person, the mortgage broker fee agreement must contain a statement of that fact and identification of that person;  (3) a detailed description of the services the mortgage broker or loan originator agrees to perform for the borrower, and a good faith estimate of any fees the mortgage broker or loan originator will receive for those services, whether paid by the borrower, the institutional lender, or both; and  (4) a clear and conspicuous statement of the conditions under which the borrower is obligated to pay for the services rendered under the agreement.  (B) If a mortgage broker or loan originator violates the provisions of subsection (A), the borrower may recover from the mortgage broker or loan originator charged with the violation:  (1) a penalty in an amount determined by the court of not less than one thousand five hundred dollars and not more than seven thousand five hundred dollars for each loan transaction;  (2) fees paid by the borrower to the mortgage broker or loan originator for services rendered by the agreement; and  (3) actual costs, including attorney's fees, for enforcing the borrower's rights under the agreement.  (C) A mortgage broker or loan originator charged with the violation must not be held liable in an action brought under this section for a violation if the mortgage broker or loan originator charged with the violation shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.  HISTORY: 2009 Act No. 67, Section 5.  Editor's Note  2003 Act No. 42, Section 9, provides as follows:  "This act takes effect January 1, 2004, and applies to all loans for which the loan applications were taken on or after that date."  Prior Laws:2003 Act No. 42, Section 6; 2005 Act No. 7, Section 1.
SC Code § 40-58-90 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-90. Request for contested case hearing before Administrative Law Court.

 (A) A person aggrieved by an administrative order issued by the administrator may request a contested case hearing before the Administrative Law Court in accordance with the court's rules of procedure. If the person fails to request a contested case hearing within the time provided in the court's rules of procedure, the administrative order becomes final and the administrator may bring an action to enforce its order pursuant to Chapter 23, Title 1. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate action or ruling of the Administrative Law Court is reviewable immediately if review of the final decision of the Administrative Law Court would not provide an adequate remedy.  (B) Contested case proceedings are instituted by filing a request for a contested case hearing with the Administrative Law Court according to the rules of procedure of the Administrative Law Court. Copies of the request for a contested case hearing must be served upon the administrator and all parties of record. The final decision of the administrative law judge may be appealed as provided in Chapter 23, Title 1.  HISTORY: 2009 Act No. 67, Section 5.  Editor's Note  Prior Laws:1988 Act No. 544; 1993 Act No. 172, Section 1; 2005 Act No. 7, Section 1; 2005 Act No. 128, Section 14.
SC Code § 40-58-100 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-100. Authority to promulgate regulations.

 The administrator may promulgate regulations necessary to effectuate the purposes of this chapter.  HISTORY: 2009 Act No. 67, Section 5.  Editor's Note  Prior Laws:1988 Act No. 544; 1993 Act No. 172, Section 1; 2005 Act No. 7, Section 1.
SC Code § 40-58-120 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 58 - Licensing Of Mortgage Brokers Act|Section 40-58-120. Maintenance of records; composite annual report; confidentiality.

 (A) A licensee shall maintain records in conformity with generally accepted accounting principles and practices in a manner that will enable the administrator to determine whether the licensee is complying with this chapter. The recordkeeping system of a licensee is sufficient if he makes the required information reasonably available.  (B) On or before March thirty-first each year a licensee shall file with the administrator a composite annual report in the form prescribed by the administrator relating to all mortgage loans made or brokered by him. The licensee shall pay a fine of one hundred dollars each day for late or incomplete annual reports.  (C) The report must include, but is not limited to, the volume and amounts of first and second lien mortgage loans originated by licensee and closed in the name of another party and the volume and amounts of first and second lien mortgage loans originated and closed in the name of the licensee.  (D) The annual report also must include the total gross revenue earned in this State under this license.  (E) Information contained in annual reports is confidential and may be published only in composite form.  HISTORY: 2009 Act No. 67, Section 5.