reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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".
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-5. Application of Chapter 1; conflicts.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to any entities or individuals regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-30. License requirement; enforcement of contracts; restraining orders.

(A) A person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission, which has not expired or been revoked, suspended, or restricted or who knowingly presents to, or files with, the commission false information for the purpose of obtaining a license or registering with the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than ten thousand dollars or imprisoned for not less than thirty days, or both.
(B) Notwithstanding Section 29-5-10, or another provision of law, a person or firm who first has not procured a license or registered with the commission and is required to do so by law may not file a mechanics' lien or bring an action at law or in equity to enforce the provisions of a contract for residential building or residential specialty contracting which the person or firm entered into in violation of this chapter.
(C) Pursuant to Article 5, Chapter 23, Title 1, the commission may petition an administrative law judge to issue a temporary restraining order enjoining a violation of this chapter, pending a full hearing to determine whether the injunction must be made permanent.
HISTORY: 2002 Act No. 359, Section 1; 2009 Act No. 40, Section 4.
Editor's Note
Prior Laws:1962 Code Section 56-1545.37; 1974 (58) 1949; 1990 Act No. 595, Section 6; 1993 Act No. 72, Section 1; 1976 Code Section 40-59-70.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-50. Compensation of members; chairman; bylaws and seal; administrator and staff; meetings; roster of licensees.

(A) The members of the commission must be compensated for their services at the regular per diem, mileage, and subsistence rates as provided by law for members of state boards, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with, and as a result of, their work on the commission. Compensation paid and costs and expenses incurred must be paid only from the fees received by the commission pursuant to the provisions of this chapter.
(B) The commission, at its first meeting after appointment, shall organize by electing a chairman and a vice-chairman and other officers as the commission considers appropriate who shall serve for a term of one year and until their successors are appointed and qualify. The commission shall adopt bylaws for the governance of its proceedings and shall adopt a commission seal on which shall appear the words "South Carolina Residential Builders Commission".
(C) The Director of the Department of Labor, Licensing and Regulation, pursuant to Section 40-1-50, may employ an administrator to serve at the discretion of the director of the department. The duties of the administrator must be prescribed by the director.
(D) The director may also employ clerical and stenographic assistance and other personnel as may be necessary to effectuate the provisions of this chapter. The compensation of all employees of the commission must be fixed by the director and paid from the fees received by the commission pursuant to the provisions of this chapter.
(E) The Department of Labor, Licensing and Regulation shall administer the commission as a revenue funded commission in accordance with Section 40-1-50.
(F) The commission shall meet quarterly and at other times as the chairman may designate; however, the commission shall meet within thirty days after appointment for the purpose of organizing and transacting business. Four members of the commission constitute a quorum at all meetings. The administrator shall keep records of each meeting as required by the commission.
(G) A roster including the names and places of business of the residential builders and residential specialty contractors licensed or registered by the commission during the preceding year must be prepared annually by the commission and forwarded to and filed with the clerk of court for each county.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1962 Code Sections 56-1545.33, 56-1545.34, 56-1545.35, 56-1545.36; 1974 (58) 1949; 1990 Act No. 595, Sections 4, 5; 1993 Act No. 181, Sections 933, 934; 1976 Code Sections 40-59-30, 40-59-40, 40-59-60.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-70. Promulgation of regulations.

The commission may promulgate regulations as may be necessary to effectuate the provisions of this chapter.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1545.42; 1974 (58) 1949; 1990 Act No. 595, Section 14; 1976 Code Section 40-59-120.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-80. Investigation of complaints; initial complaints.

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80. A person, including the commission, may file an initial complaint against a licensee or registrant. The complaint must be in writing and sworn to by the person filing the complaint.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-90. Hearing before commission; notice; appearance; order; appeal.

Charges, unless dismissed without hearing by the commission as unfounded or trivial, must be heard by the commission in an open hearing. A copy of the charges and a notice of the time and place of the hearing must be served on the respondent at least thirty days before the fixed date for the hearing. At the hearing the respondent may appear personally or be represented by counsel and may cross-examine witnesses against him and produce evidence and witnesses in his defense. After the commission issues its order, the respondent has thirty days to file with the commission written notice of his intention to appeal to an administrative law judge from the order of the commission. An appeal from an order of the commission is governed by the provisions of Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-100. Cease and desist order; temporary restraining order.

In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the commission in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-105. Administrative citations and penalties; appeal.

(A) The department may refer reports of violations of this chapter and Article 1, Chapter 1 or any reports of violations of regulations promulgated under this chapter directly to the commission or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an entity or individual, including unlicensed persons, for violations of this chapter as specified by the commission.
(B) Separate citations may be issued and separate administrative penalties may be assessed for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day.
(C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal, and these penalties may not exceed the following limits:
(1) for a first offense, not more than a five-hundred dollar penalty;
(2) for a second offense in a five-year period, the citation must be referred to the commission for action in accordance with Sections 40-59-90 and 40-59-110.
(D) An entity or individual assessed administrative penalties may appeal those penalties to the commission within ten days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the commission, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-110. Revocation, suspension, or restriction of license; misconduct; determination of compliance with applicable professional standards.

In addition to the grounds provided for in Section 40-1-110, the commission, upon a majority vote, may revoke, suspend, or restrict the license or registration of a licensee or registrant who the commission finds has committed fraud or deceit in obtaining a license or registration under this chapter or has engaged in misconduct in the practice of residential building or residential specialty contracting. For purposes of this section, misconduct includes a violation of Section 40-59-25, or a pattern of repeated failure by a residential builder or residential specialty contractor to pay labor or material bills. For purposes of disciplinary matters, or otherwise, compliance with the construction standards adopted by the commission is prima facie evidence of compliance with applicable professional standards.
HISTORY: 2002 Act No. 359, Section 1; 2013 Act No. 77, Section 2, eff July 1, 2013.
Editor's Note
Prior Laws:1962 Code Section 56-1545.39; 1974 (58) 1949; 1989 Act No. 62, Section 2; 1990 Act No. 595, Section 10; 1993 Act No. 72, Section 5; 1993 Act No. 181, Section 935; 1976 Code Section 40-59-90.
Effect of Amendment
The 2013 amendment inserted "a violation of Section 40-59-25, or".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-120. Fines.

Upon a determination by the commission that one or more of the grounds for discipline of a licensee exists, as provided in Section 40-59-110 or 40-1-110, the commission, in addition to the actions provided for in Section 40-1-120, may impose a fine of not more than two thousand five hundred dollars per offense.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-130. Grounds for denial of license.

As provided for in Section 40-1-130, the commission may deny licensure to an applicant based on the same grounds for which the commission may take disciplinary action against a licensee.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-170. Costs.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-200. Penalties.

A person who knowingly violates the provisions of this article or regulations promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1545.43; 1974 (58) 1949; 1990 Act No. 595, Section 15; 1993 Act No. 72, Section 9; 1993 Act No. 181, Section 937; 1976 Code Section 40-59-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-210. Cease and desist orders; penalties; injunction.

(A) In addition to all other remedies provided by law, when it appears to the commission, either upon complaint or otherwise, that a person or combination of persons has engaged, or is engaging, in an act of contracting, practice, or transaction which constitutes a violation of this chapter or any regulation or order of the commission, whether or not the person is properly licensed or registered with the commission, the commission may:
(1) serve upon the person not licensed or registered under the chapter, by certified mail or by personal service, a cease and desist order requiring the person to cease and desist from engaging in the act, practice, or transaction immediately upon receipt of the order. If the person fails to comply with the order, the director or a designee may file an action with an administrative law judge for enforcement of the cease and desist order or file an action pursuant to item (2) for wilful violation of the order. If the administrative law judge finds that the person wilfully failed to obey a valid cease and desist order, the court shall impose a civil penalty of not less than two hundred fifty dollars and not more than two thousand dollars for each violation. Any amount collected as a civil penalty must be remitted pursuant to subsection (B);
(2) apply, on its behalf, through the Attorney General, the Director of the Department of Consumer Affairs, the county attorney, or solicitor of the county in which the violation is alleged to have been committed, to the court of common pleas of that county for an injunction restraining the person from further violation. Upon a proper showing, a temporary restraining order, a preliminary injunction, or a permanent injunction may be granted without bond. Process in the action may be served upon the defendant in any county of this State where the defendant transacts business or is found.
(B) In actions brought under item (2) of subsection (A), each violation of this chapter or regulation or order of the commission constitutes a separate offense, and the court may impose a civil penalty not to exceed two thousand dollars for each violation which is in addition to all other penalties provided by law.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-230. Renewal; continuing education; notification of change of circumstances.

(A) Unless otherwise provided under the provisions of this chapter, the commission shall annually renew all licenses upon the applicant's submission to the commission of the completed renewal application, proof of financial responsibility or bond, acceptable to the commission and payment of all applicable fees. If a license has been in inactive status for more than three years, the person shall file a new application as in the case of the issuance of an original license and is required to take and successfully complete the examination.
(B) As a condition of license renewal, the commission may require by regulation a licensee to satisfactorily complete continuing education through a program approved by the commission.
(C) A licensee must notify the commission in writing within thirty days of any change in the information required to be on file with the commission including, but not limited to, the licensee's current mailing address.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-240. Residential specialty contractors; classification; examination; county and municipal business license ordinances; bonds.

(A) The commission by regulation shall classify residential specialty contractors in a manner consistent with established usage and procedure in the construction business and may limit the field and scope of the operations of a residential specialty contractor to those in which he is to be registered or certified. Residential specialty contractor registrations and certificates issued by the commission may not be for more than three of the classifications recognized by the commission. Residential specialty contractors registered or certified or wishing to be registered or certified for more than three classifications must be examined and licensed as residential builders.
(B) Residential specialty contractors must be qualified and experienced in the particular areas of the contracting vocation in which they intend to, and do, engage. The commission, by regulation, may require examination in these areas.
(C) Residential specialty contractors are not exempt from complying with county and municipal business license ordinances or other regulatory ordinances. A county or municipality may require a residential specialty contractor to be examined and licensed in accordance with standards adopted by the county or municipality; however, if a residential specialty contractor has passed an examination in his area of contracting and approved by the commission, no additional examination may be required by a county or municipality.
(D) When the total cost of materials and labor for an undertaking performed by a residential specialty contractor for an individual property owner exceeds five thousand dollars, the residential specialty contractor shall obtain an executed bond with a surety in an amount approved by the commission and shall furnish a signed original to the commission.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1990 Act No. 595, Section 8; 1991 Act No. 130, Section 2; 1993 Act No. 72, Section 3; 1999 Act No. 91, Section 8; 1976 Code Section 40-59-77.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-250. Credit report; factors indicating reputation for timely performance; outstanding judgments.

(A) A person applying to the commission for licensure as a residential builder or registration as a residential specialty contractor must submit to a credit report. In addition to the information provided by the credit report, the commission may determine from the written application, the personal references provided by the applicant, written communications or complaints to the commission, and from any other reliable, documented sources whether an applicant for licensure as a residential builder or an applicant for registration as a residential specialty contractor has a reputation for the prompt payment of labor and material bills and for the timely completion of other contracts into which the applicant may have entered.
(B) The commission shall require the applicant to list on application and renewal forms any outstanding judgments issued against him or any entities with whom the applicant was associated for the past five years.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 1; 1976 Code Section 40-59-85.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-270. Applicability of Chapter 11; exemption of mechanical contractor.

This chapter does not apply to a person licensed under Chapter 11 for the purpose of undertaking the construction, or superintending of construction, of a building or the improvement, reimprovement, or repair of any building. A residential builder who is licensed pursuant to this chapter is not required to be licensed as a general contractor or mechanical contractor under Chapter 11 in order to engage in residential building as defined in Section 40-59-10. A mechanical contractor is exempt from this chapter relating to residential specialty contractors when engaged in contracting in the classification in which he is licensed to perform mechanical contracting. The commission is the exclusive licensing and registration entity for persons who engage solely in residential building and in residential specialty contracting.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
The reference to Section 40-59-10 contained in this Code section is incorrect; for definitions, see Section 40-59-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-280. Proof of licensure as condition of issuance of local building permit; reports of violations.

The building official, or other authority charged with the duty of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county shall refuse to issue a permit for an undertaking which requires licensure or registration under this chapter unless the applicant has furnished evidence that he is either licensed or registered in accordance with this chapter or exempt from the requirements of this chapter. The building official, or other authority charged with the duty of issuing building or similar permits, also shall report to the commission the name and address of an person who, in his opinion, has violated this chapter by accepting or contracting to accomplish work requiring licensure or registration under this chapter when the person has not produced evidence of licensure or registration or exemption from this chapter.
HISTORY: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-290. Severability.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter 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 chapter, the General Assembly hereby declaring that it would have passed this chapter, 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: 2002 Act No. 359, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-300. Construction of low-income housing using volunteer labor by 501(c)(3) eleemosynary organization without presence of "qualifier".

Notwithstanding any other provision of law, a 501(c)(3) eleemosynary organization may construct a residential home with volunteer labor without the presence of a qualifier if the home without consideration is to be transferred to or made available for the use of an underprivileged or low-income family or individual. "Qualifier" for purposes of this provision means a builder or specialty contractor licensed to perform the particular work being done on the site. The cost of the building permit must be borne by the 501(c)(3) organization.
HISTORY: 2003 Act No. 83, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-400. Definitions.

For purposes of this article:
(1) "Branch office" means a place of business separate from the principal place of business where building services are offered or provided. A specific project or construction site office is not a branch office.
(2) "Commission" means the South Carolina Residential Builders Commission established in Article 1.
(3) "Firm" means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization which offers or provides building services through licensed residential builders, residential specialty contractors, or home inspectors.
(4) "Private practice firm" means a firm through which the practice of residential building, residential specialty contracting, or home inspecting requires a residential business certificate of authorization as described in this chapter.
(5) "Resident licensee" means a licensed practitioner who spends a majority of each normal workday working out of a principal or branch office and who is in responsible charge of the office and the building services provided from that office including, but not limited to, responsibility for applying for permits for the firm.
(6) "Responsible charge" means the direction of building services by a residential builder, residential specialty contractor, or home inspector to the extent that successful completion of the building services is dependent on the personal supervision, direct control, and final decisions by the qualified registrant to the extent that the qualified registrant assumes professional responsibility for the building services.
HISTORY: 2000 Act No. 324, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-500. Definitions.

As used in this article:
(1) "Administrator" means the Executive Director for the South Carolina Residential Builders Commission provided for under Section 40-59-50.
(2) "Commission" means the South Carolina Residential Builders Commission.
(3) "Director" means the Director of the Department of Labor, Licensing and Regulation.
(4) "Home inspection" means the rendering of a written or oral report in exchange for compensation of any sort, regarding the condition of the construction or improvements to a residence including, but not limited to, structural problems or conditions, damage, safety problems, deterioration, equipment, and systems that are visible and readily accessible. Home inspection does not include a contract or proposal for repair, renovation, or remodeling of the improvements to a residence. The parties to a home inspection may limit or expand the scope of the inspection by agreement.
(5) "Home inspector" means an individual who, for compensation of any sort, engages in the business of home inspection.
(6) "Residence" means a structure including, but not limited to, condominiums and townhouses intended to be used or in fact used primarily for living quarters which is not over three floors in height and which does not have more than sixteen units.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-510. Administration; roster of licensed home inspectors.

The administrator is authorized to administer the provisions of this article. The administrator shall keep a register of all applicants for licensure, including the date of application and the name, qualifications, place of business, and place of residence of the applicant and the status of the license application. The administrator also shall maintain a roster including the name, place of business, residence, and business telephone number of each licensed home inspector. A copy of the roster must be available to anyone upon a written request to the commission. The commission may charge a reasonable fee for complying with a request for a roster. The amount of the fee must be established by the commission in regulation.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-210.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-520. Licensing requirement; licensing of business entity.

(A) No person may engage in or transact any home inspection business or hold himself out to the public as a home inspector or offer to engage in or transact any home inspection business in this State unless the person is licensed by the commission.
(B) No license may be issued under this article to a partnership, association, corporation, firm, or group. However, nothing in this article precludes a licensed home inspector from performing home inspections for or on behalf of a partnership, association, corporation, firm, or group or from entering into contracts or enforcing contracts as a partnership, association, corporation, firm, or group.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-220.