reglab/housing_qa huggingface dataset:
SC Code § 40-6-50 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-50. Administrative support; authority vested in commission; license fees.

 (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 commission in accordance with Section 40-1-50.  (B) The commission is the sole licensing authority for all licenses issued pursuant to this chapter and has the authority to discipline licensees.  (C) A person licensed as an auctioneer shall pay an annual license fee to the commission. Funds derived under this chapter must be paid to the State Treasurer who shall keep them in the manner provided for other agencies and commissions of the State. The commission shall establish license and examination fees by regulation.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-60 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-60. Adoption of rules and regulations.

 The commission may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-70 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-70. Initiation of investigation of fitness.

 If the Director of the Department of Labor, Licensing and Regulation or the commission has reason to believe that an individual or firm has become unfit to engage in the conducting of auctions or has violated a provision of this chapter or a regulation promulgated under this chapter or if an individual files a written complaint with the commission or the director of the Department of Labor, Licensing and Regulation, charging an individual or firm with the violation of a provision of this chapter or a regulation promulgated under this chapter, the commission must approve the initiation of an investigation.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-80 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-80. Power to administer oaths and subpoena witnesses for purpose of investigation; taking evidence; compelling compliance.

 For the purpose of an investigation or proceeding under this chapter, the commission or its designated agent may administer oaths and upon its own motion or upon request of any party, shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the commission or its designated agent and upon reasonable notice to all persons affected, the department may apply to the Administrative Law Court for an order compelling compliance.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-90 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-90. Hearings.

 Any hearing that is conducted as a result of an investigation must be conducted in accordance with Section 40-1-90.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-100 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-100. Cease and desist order; petition for temporary restraining order; temporary injunction.

 (A) In addition to other remedies provided for in this chapter or Chapter 1 of 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 or a regulation promulgated under this chapter.  (B) If the commission has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The commission may apply to an administrative law judge for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the manner it considers proper. No bond may be required of the commission by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-110 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-110. Grounds for action against licensee or one otherwise acting as auctioneer; licensee adjudged mentally incompetent.

 (A) In addition to the grounds of misconduct provided for in Section 40-1-110, the commission may take action, pursuant to Section 40-6-210, against a licensee or a person who has unlawfully assumed to act in the capacity as an auctioneer if the person or licensee is found by the commission to have:  (1) violated this chapter or a regulation promulgated under this chapter; or  (2) engaged in a continued and flagrant course of misrepresentation or made false promises or authorized an agent of the licensee to make misrepresentations or false promises;  (3) failed to account for or to pay over within a reasonable time, not to exceed thirty days, money belonging to another which has come into the licensee's possession through an auction sale;  (4) used misleading or untruthful advertising;  (5) engaged in conduct in connection with a sales transaction, which demonstrates bad faith or dishonesty;  (6) knowingly used false bidders, cappers, or pullers or knowingly made a material false statement or representation;  (7) been convicted of a felony or an act involving fraud or moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;  (8) wilfully failed to properly and fully complete an application or made a false statement or gave false information in connection with an application for a license or renewal or reinstatement of a license or an investigation by the commission or the commission's designated agent;  (9) failed to maintain or to deposit in a trust or escrow account in an insured bank or savings and loan association within three business days funds received for another person through sale at auction, unless otherwise required by law;  (10) failed to pay a fine assessed or ordered by the commission under Section 40-6-210;  (11) wilfully failed to properly make a disclosure or to provide documents or information required by this chapter or the commission;  (12) demonstrated lack of financial responsibility;  (13) knowingly performed an act, which substantially assists a person to conduct an auction illegally;  (14) practiced during the time his license has lapsed or been suspended or revoked.  (B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the commission until the licensee is adjudged competent by a court of competent jurisdiction.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1977 Act No. 111, Section 16; 1987 Act No. 33 Section 1; 1990 Act No. 511, Section 1; 1993 Act No. 155, Section 13; 1976 Code Section 40-6-160.
SC Code § 40-6-115 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-115. Jurisdiction of commission.

 The commission has jurisdiction over the actions of licensees and former licensees as provided in Section 40-1-115.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-120 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-120. Revocation, suspension, or restriction of license; final order of guilt as public knowledge; civil fines.

 (A) The commission, in addition to the authority granted to it pursuant to Section 40-1-120, may deny, suspend, revoke, or restrict a license and may assess a fine in accordance with Section 40-6-210. The authority of the commission to revoke or suspend a license for violation of this chapter or a regulation promulgated under this chapter includes the authority to place a licensee on probation upon conditions to be determined by the commission.  (B) A final order of the commission finding that a licensee is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or imposing a private reprimand.  (C) The commission may impose a civil fine of up to five thousand dollars for each violation of a provision of this chapter or a regulation promulgated under this chapter; however, the total fines may not exceed ten thousand dollars.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-130 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-130. Grounds for disciplinary action as basis for denial of licensure.

 The commission may deny licensure to an applicant based on the same grounds for which the commission may take disciplinary action against a licensee as provided in Section 40-1-130.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-140 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-140. Prior criminal record as grounds for denial of licensure.

 A license may be denied based on a person's prior criminal record as provided for in Section 40-1-140.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-150 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-150. 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: 2000 Act No. 318, Section 1.
SC Code § 40-6-160 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-160. 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: 2000 Act No. 318, Section 1.
SC Code § 40-6-170 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-170. 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: 2000 Act No. 318, Section 1.
SC Code § 40-6-180 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-180. Payment of costs and fines.

 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: 2000 Act No. 318, Section 1.
SC Code § 40-6-190 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-190. Confidentiality; privileged communications.

 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: 2000 Act No. 318, Section 1.
SC Code § 40-6-200 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-200. Penalties.

 A person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-210 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-210. Petition for injunctive relief.

 The Department of Labor, Licensing and Regulation, on behalf of the commission and in accordance with Section 40-1-210, may petition an administrative law judge in the name of the State, for injunctive relief against a person violating this chapter.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-220 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-220. Eligibility requirements for license as apprentice auctioneer; conduct of auction and review of records.

 (A) To be licensed as an apprentice auctioneer, an individual must:  (1) be eighteen years of age or older;  (2) submit a written application on a form approved by the commission naming a licensed auctioneer to serve as the supervisor of the apprentice along with the required fee;  (3) achieve a passing score on a written examination approved by the commission testing the applicant's understanding of the law relating to auctioneers and auctions, ethical practices for auctioneers, and the mathematics applicable to the auctioneer business. The examination may not be taken more than one time during any six-month period following the second failure of the examination;  (4) provide a criminal history conviction record from the South Carolina Law Enforcement Division and affirm that the applicant has not been convicted of a felony or any other crime involving fraud or moral turpitude during the preceding five years;  (5) provide a credit record satisfactory to the commission which must be obtained by the commission. A fee of ten dollars must be paid to the commission for the credit investigation.  (B) No apprentice auctioneer may enter into an agreement to conduct an auction or conduct an auction without the express written approval of the supervisor of the apprentice auctioneer. The supervisor shall review, at regular intervals, the records that the apprentice auctioneer is required to maintain to ensure they are current and accurate.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1977 Act No. 111, Section 7; 1991 Act No. 38, Section 4; 1993 Act No. 155, Section 8; 1976 Code Section 40-6-70.
SC Code § 40-6-235 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-235. Requirements for license as auction firm.

 (A) To be licensed as an auction firm, a business entity must:  (1) submit an application on forms approved by the commission, along with the required fee;  (2) provide the commission with an authorization by the South Carolina Secretary of State's office to transact business in this State;  (3) if owned or managed by a:  (a) licensed auctioneer, provide the commission with the name of the auctioneer and written evidence of the auctioneer's authority to make the decisions affecting the manner in which the firm does business; or  (b) person not licensed as an auctioneer under this chapter, achieve a passing score on a written examination approved by the commission intended to demonstrate a thorough understanding of the law relating to the conduct of the auction business and other matters the commission considers appropriate.  (B) A sole proprietorship is exempt from auction firm licensure, as provided for in subsection (A).  (C) Licensed real estate brokers-in-charge and real estate firms are exempt from auction firm licensure, as provided for in subsection (A), if they employ a licensed auctioneer to handle those aspects of the transactions peculiar to the auctioneer profession.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1993 Act No. 155, Section 1; 1976 Code Section 40-6-85.
SC Code § 40-6-240 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-240. Term of licenses; renewal; proof of continuing education; lapsed license.

 (A) All licenses issued under this chapter must be issued by the commission and are valid from July first of the year issued or from the date issued, whichever is later, through the following June thirtieth unless revoked or suspended pursuant to this chapter. Any license other than an apprentice license may be renewed annually. An apprentice license may be renewed one time. No examination is required for renewal of a license if the application for renewal is made within ninety days of the expiration of the license.  (B) When a licensee applies for renewal, the licensee shall submit proof with the renewal form, in a form acceptable to the commission, that the licensee has acquired commission-approved continuing education of at least four hours within the previous twelve months. Continuing education is not required of apprentice auctioneers and auction firm license holders unless the owner or manager is a licensed auctioneer.  (C) The renewal of a lapsed license is not retroactive and does not limit the authority of the courts or the commission to take disciplinary action against a licensee who engages in the auction profession without a current license.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1977 Act No. 111, Section 9; 1993 Act No. 155, Section 10; 1976 Code Section 40-6-90.
SC Code § 40-6-250 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-250. License required.

 Unless exempt from licensure under Section 40-6-370, no person shall sell or offer to sell goods or real estate at auction in this State or perform an act for which an auctioneer or apprentice auctioneer license is required unless the person holds a currently valid license issued under this chapter.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1977 Act No. 111, Section 5; 1985 Act No. 171, Section 1; 1993 Act No. 155, Section 6; 1976 Code Section 40-6-50.
SC Code § 40-6-260 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-260. List of licensees.

 The commission shall publish at least once a year a list of names and addresses of all persons and firms holding valid apprentice auctioneer, auctioneer, or firm licenses.  HISTORY: 2000 Act No. 318, Section 1.
SC Code § 40-6-270 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-270. Licensing of auctioneers licensed in another state.

 (A) A person who holds a valid auctioneer license in another state may apply for and be issued a license under this chapter if the requirements of the state of licensure were, on the date of initial licensure, substantially equivalent to the requirements of this chapter.  (B) An applicant under this section shall submit an application and other documentation and proof of eligibility for licensure as required by the commission in regulation.  (C) A license issued pursuant to this section is valid from the date of issuance to the following June thirtieth and may be renewed from year to year unless suspended or revoked pursuant to this chapter or a regulation promulgated under this chapter.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1977 Act No. 111, Section 13; 1991 Act No. 38, Section 6; 1993 Act No. 155, Section 11; 1976 Code Section 40-6-130.
SC Code § 40-6-280 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-280. "Absolute" auctions.

 It is unlawful to conduct or advertise that an auction is "absolute" if minimum opening bids are required or other conditions are placed on the sale which limit the sale other than to the highest bidder.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1988 Act No. 408, Section 2; 1976 Code Section 40-6-145.
SC Code § 40-6-290 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-290. Written agreements between owner and auctioneer; records; possession of pocket card license.

 (A) No licensee may conduct an auction in this State without first having a written agreement with the owner of any property to be sold. The agreement shall contain the terms and conditions upon which the licensee received the goods for sale. The licensee shall provide the owner with a signed copy of the agreement and shall keep at least one copy for three years from the date of the agreement. A written agreement is not required for a sale at auction if the sale is made at an auction house or similar place where members of the public are generally offered the opportunity to present goods for sale. Copies of all contracts must be made available to the commission or its designated agent upon request.  (B) A licensee shall maintain accurate records upon receipt of goods for auction and before their sale, which shall include the name and address of the person who employed the licensee to sell the goods at auction and the name and address of the owner of the goods to be sold. These records must be open for inspection by the commission or its designated agent upon request.  (C) A licensee shall have his pocket card license in his possession at each auction he conducts.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1977 Act No. 111, Section 15; 1993 Act No. 155, Section 12; 1976 Code Section 40-6-150.
SC Code § 40-6-300 (2021)
2021 South Carolina Code of Laws|Title 40 - Professions and Occupations|Chapter 6 - Auctioneers|Section 40-6-300. Trust or escrow accounts; bank name and account number as requirement for issuance or renewal of license; notification of changes; records of transactions.

 (A) A licensee who handles the proceeds of an auction shall maintain a trust or escrow account with an insured bank or savings and loan association and shall deposit in this account within three business days all funds received for the benefit of another person, unless otherwise required by law or the owner or consignor of the property auctioned is paid within three business days.  (B) Upon issuance or renewal of a license, the licensee must provide the commission with the name of the bank and the account number of the trust or escrow account in which the funds of others are maintained and authorization permitting the examination of the account by the commission or its authorized representative, unless the licensee has provided certification to the commission that funds are paid within three business days. A licensee must notify the commission by certified mail, return receipt requested, of a change of bank, account number, or location of the trust or escrow account and, at that time, shall complete the required authorization for examination of the account by the commission or its authorized representative.  (C) A licensed auctioneer or licensed apprentice auctioneer in this State who works directly for a licensed auction firm or who works directly for another licensed auctioneer who maintains an active escrow account may use that escrow account and number in all applications for licensure or renewal, if the escrow account is used solely for the purpose of holding funds of others in relation to auctions.  (D) A licensee shall maintain complete records for at least three years showing the deposit, maintenance, and withdrawal of trust or escrow funds. These records must be open for inspection by the commission or its designated agent periodically, upon request, and without prior notice.  HISTORY: 2000 Act No. 318, Section 1.  Editor's Note  Prior Laws:1993 Act No. 155, Section 2; 1976 Code Section 40-6-155.