reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-530. Exceptions.

This article does not apply to a person:
(1) employed by the State or any political subdivision of the State as a code enforcement official when acting within the scope of that employment;
(2) inspecting a home exclusively for the use of a bank, savings and loan association, or credit union unless otherwise required by federal law or regulation;
(3) licensed, registered, or certified pursuant to Chapter 3 or a person duly licensed as a general contractor pursuant to Chapter 11 or a person duly licensed pursuant to Article 1 of Chapter 59 or a person duly licensed or registered as a professional engineer pursuant to Chapter 22. Notwithstanding the exemption from licensure under this article, the provisions of this article relating to the conduct of a person in the performance of a home inspection shall apply to that person. A violation of this article is considered a violation against the person's license and subjects the person to disciplinary action by the licensing board under which the person is licensed;
(4) who is duly licensed under the provisions of Section 46-13-55 for the purpose of issuing CL100 Wood Infestation Reports, provided such inspection is limited solely to the requirement of the CL100 report.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-230.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-540. Application; examination; regulations establishing minimum standards.

(A) A person desiring to be licensed as a home inspector shall submit written application to the commission on forms as the commission prescribes. Upon the submission of a completed application form and the payment of the fee required by the commission, the applicant is entitled to take the home inspector licensing examination as prescribed by the commission. Upon successful completion of the examination, the commission shall issue the applicant a license authorizing the applicant to engage in the business of home inspection in this State. The issuance of a license is evidence that the licensee is entitled to all the rights and privileges of a licensed home inspector while the license remains active.
(B) The commission shall promulgate regulations to establish the minimum qualifications and uniform criteria for the granting of a home inspector license.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-240.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-550. Display of license; address changes; renewal; inactive status.

(A) The licensee shall display the license in the manner prescribed by the commission.
(B) The licensee shall inform the commission of any change in his business or home address.
(C) A license must be renewed before July first of each year for a period of one year upon payment of the renewal fee and upon compliance with this article. If the home inspector has not complied with any provision of this article during the year, the licensee shall submit a new application as in the case of the issuance of an original license.
(D) The commission may provide for the late renewal of a license upon payment of a late fee in an amount established by the commission in regulation.
(E) A licensee who does not intend to engage in the business of home inspection for at least one year may request upon written notice to the commission that his license be placed in inactive status. While in inactive status, the person is not subject to payment of any renewal fees and may not perform home inspections in this State. When the person desires to resume the performance of home inspections, he shall file an application for license renewal, pay the renewal fee, and demonstrate continuing competence as defined by the commission in regulation. If a license has been in inactive status for more than three years, the person shall submit a new application as in the case of the issuance of an original license and shall take and successfully complete the examination.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-250.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-560. Inspection reports; form; disclosure of scope and limitations.

(A) An inspection report issued by a licensed home inspector under this chapter must be on a form approved by the commission. For purposes of this section, a form that contains the same information as the commission-approved form is considered to have met the requirements of this section.
(B) Nothing in this section may require a home inspector to inspect every item contained in the commission-approved form, and nothing in this section may limit a home inspector from performing a home inspection beyond the scope of information contained in the commission-approved form. A home inspector shall indicate on the inspection report which items, if any, were not inspected.
(C) A home inspector shall disclose the scope and limitations, if any, of each inspection before performing a home inspection.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-255.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-570. "Advertisement" defined.

"Advertisement" means any form of public notice, however disseminated. An advertisement by a licensed home inspector shall include the name, business name, address, and license number of the licensee. The use of any false, misleading, unfair, or deceptive practice in any advertisement is grounds for disciplinary action as provided for under this chapter.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1995 Act No. 124, Section 3; 1976 Code Section 40-59-257.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-590. Restrictions; appraisals and real estate activities.

A home inspector is prohibited from engaging in real estate appraisal activity unless the inspector meets the requirements of Chapter 60. Further, a home inspector is prohibited from engaging in any real estate activity regulated under Chapter 57 unless the inspector meets the requirements of that chapter.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-265.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-600. Penalties; actions to enforce contract; injunction.

(A) The administrator is authorized to use the powers granted to him pursuant to this chapter to enforce the provisions of this article.
(B) A home inspector who is not otherwise exempt from this article who undertakes or attempts to undertake the business of home inspection without first obtaining a license or who knowingly presents, or files with, the commission false information for the purpose of obtaining a license is guilty of a misdemeanor and:
(1) for the first offense, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both;
(2) for a second offense, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than ninety days, or both.
(3) for a third and subsequent offense, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one hundred eighty days, or both.
(C) A home inspector who does not have a license as required by this article may not bring an action either at law or in equity to enforce the provisions of a contract for home inspection which he entered into in violation of this article.
(D) If it appears to the commission that a home inspector has violated, or is about to violate, a provision of this article, the commission may in its own name petition an administrative law judge to issue a temporary restraining order enjoining the violation of this article, pending a full hearing to determine whether or not the injunction must be made permanent.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-270.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-610. Regulations.

The commission is authorized to promulgate regulations to administer the provisions of this article.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-280.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-620. Applicability of building code in effect at time of construction.

When an inspection report includes a deficiency that is alleged to be a building codes violation, the inspector is responsible for determining the construction dates and building codes in effect at the time of construction and must conduct the inspection using the building codes in effect at the time of construction.
HISTORY: 2002 Act No. 359, Section 1.
Editor's Note
Prior Laws:1994 Act No. 463, Section 3; 1976 Code Section 40-59-290.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-810. Short Title.

This article may be cited as the "South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act".
HISTORY: 2003 Act No. 82, Section 1.
Editor's Note
2003 Act No. 82, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-820. Definitions.

As used in this article:
(1) "Action" means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling.
(2) "Claimant" means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling.
(3) "Construction defect" means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:
(a) defective material, products, or components used in the construction of residential improvements;
(b) violation of the applicable codes in effect at the time of construction of residential improvements;
(c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or
(d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes.
(4) "Dwelling" means a single-family house or duplex or a multifamily unit not to exceed sixteen units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction.
(5) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.
HISTORY: 2003 Act No. 82, Section 1.
Editor's Note
2003 Act No. 82, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-830. Stay of action until compliance with article.

If the claimant files an action in court before first complying with the requirements of this article, on motion of a party to the action, the court shall stay the action until the claimant has complied with the requirements of this article.
HISTORY: 2003 Act No. 82, Section 1.
Editor's Note
2003 Act No. 82, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-840. Notice of claim; timing; contents; request for clarification.

(A) In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor. The notice of claim must contain the following:
(1) a statement that the claimant asserts a construction defect;
(2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and
(3) a description of any results of the defect, if known.
The contractor or subcontractor shall advise the claimant within fifteen days of receipt of the claim if the construction defect is not sufficiently stated and shall request clarification.
HISTORY: 2003 Act No. 82, Section 1.
Editor's Note
2003 Act No. 82, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-850. Contractor's election to inspect, remedy, settle, or deny claim; inspection of construction defect; response to contractor's offer; admissibility.

(A) The contractor or subcontractor has thirty days from service of the notice to inspect, offer to remedy, offer to settle with the claimant, or deny the claim regarding the defects. The claimant shall receive written notice of the contractor's or subcontractor's, as applicable, election under this section. The claimant shall allow inspection of the construction defect at an agreeable time to both parties, if requested under this section. The claimant shall give the contractor and any subcontractors reasonable access to the dwelling for inspection and if repairs have been agreed to by the parties, reasonable access to affect repairs. Failure to respond within thirty days is deemed a denial of the claim.
(B) The claimant shall serve a response to the contractor's offer, if any, within ten days of receipt of the offer.
(C) If the parties cannot settle the dispute pursuant to this article, the claimant may proceed with a civil action or other remedy provided by contract or by law.
(D) Any offers of settlement, repair, or remedy pursuant to this section, are not admissible in an action.
HISTORY: 2003 Act No. 82, Section 1.
Editor's Note
2003 Act No. 82, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 59 - Residential Home Builders › Section 40-59-860. Claims for personal injury or death; designation for stay on Civil Action Cover Sheet.

(A) Nothing in this article applies to actions arising out of claims for personal injury or death, or both.
(B) Court Administration must develop a designation on the Civil Action Cover Sheet which indicates whether a stay has been granted for a civil action filed pursuant to the South Carolina Notice and Opportunity to Cure Construction Defects Act.
HISTORY: 2003 Act No. 82, Section 1.
Editor's Note
2003 Act No. 82, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-5. Citation and application of chapter; conflict with Article 1, Chapter 1, Title 40.

(A) This chapter may be cited as the "South Carolina Real Estate Appraiser License and Certification Act".
(B) Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to real estate appraisers; however, if there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2006 Act No. 257, Section 1.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-30. License requirement; exceptions.

It is unlawful for an individual to assume or use a title, designation, or abbreviation likely to create the impression that the person is a real estate appraiser or to engage in real estate appraisal activity or advertise as an appraiser without a valid license issued by the department. However, nothing in this chapter may be construed to apply to:
(1) A real estate licensee licensed in accordance with Chapter 57, Title 40 who performs a market analysis or gives an opinion as to the price of real estate on the condition that the market analysis or opinion is not referred to as an appraisal. Before performing a market analysis, the real estate licensee must disclose to the requesting party: "This market analysis may not be used for the purposes of obtaining financing in a federally related transaction".
(2) A forester registered pursuant to Chapter 27, Title 48 who appraises or values standing or growing timber or timberland located in this State and issues an appraisal or valuation on the timber or timberland, as permitted by Chapter 27, Title 48 and Regulation 53-13. When an appraisal or valuation is to be used in a federally related transaction, the registered forester must be licensed or certified under this chapter if required by federal law or regulation.
(3) An employee of a lender in the performance of appraisals or valuations with respect to which federal law or regulations does not require a licensed or certified appraiser. This exception does not apply to third party contractors.
HISTORY: 2006 Act No. 257, Section 1; 2016 Act No. 243 (H.5023), Section 3, eff June 5, 2016.
Editor's Note
Prior Laws:1991 Act No. 12, Section 1; 1993 Act No. 143, Section 1; 2000 Act No. 335, Section 1.
Effect of Amendment
2016 Act No. 243, Section 3, in the first paragraph, inserted "real estate" before "appraisal activity"; in (1), deleted a hyphen between "federally" and "related"; rewrote (2), substituting "values" and "valuation" for "evaluates" and "evaluation", adding reference to Chapter 27, Title 48 and Regulation 53-13 at the end of the first sentence, and deleting a hyphen between "federally" and "related"; and added (3), relating to an exception.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-31. Qualifications.

To qualify as an appraiser, an applicant shall:
(1) have attained the age of eighteen years;
(2) satisfy educational requirements of having:
(a) graduated from high school or hold a certificate of equivalency to become an apprentice appraiser;
(b) an associate degree or its equivalent as promulgated by the board through regulation to become a licensed appraiser; or
(c) a bachelor's degree or its equivalent as promulgated by the board through regulation to become a state-certified residential appraiser or state-certified general appraiser;
(3) submit proof of completion of qualifying education and, if applicable, experience requirements as specified in this chapter;
(4) submit certificates of licensure from all jurisdictions where presently or previously certified;
(5) undergo a criminal background check in compliance with AQB requirements to be submitted by the applicant with his application; and
(6) pass an examination, if applicable. Effective July 1, 2014, an applicant who does not become licensed or certified within two years after passing the examination must retake the examination.
HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 2, eff May 16, 2014.
Editor's Note
Prior Laws:1991 Act No. 12, Section 1; 1993 Act No. 143, Section 3; 2000 Act No. 335, Section 1; 1976 Code Sections 40-60-70, 40-60-80.
Effect of Amendment
2014 Act No. 180, Section 2, rewrote subsection (2), added subsection (5); redesignated former subsection (5) as subsection (6); and rewrote subsection (6).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-32. Application forms.

An application for examination, permit, licensure, or certification must be completed in writing on a form prescribed by the department.
HISTORY: 2006 Act No. 257, Section 1.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-90.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-36. Approval of courses, educational providers and instructors; instructor workshops.

(A) The board shall establish and publish standards relevant to the approval and conduct of appraiser education required by this chapter.
(B) The board shall review, approve, and regulate educational courses required by this chapter and providers and instructors of these courses including, but not limited to, accredited colleges, universities, private business entities, organizations, schools, associations, individuals, and institutions.
(C) The board may deny, publicly or privately reprimand, fine, suspend, or revoke the approval of an education provider or instructor if the board finds that the education provider or instructor has violated or failed to satisfy the provisions of this chapter or the regulations and standards promulgated pursuant to this chapter.
(D) Application by providers seeking approval to offer and conduct educational instruction or application by instructors must be made on a form prescribed by the board and accompanied by applicable fees not less than sixty days before a course offering and must be approved by the board before the commencement of any instruction.
(E) If an application for provider, instructor, or course is not approved, the reason must be detailed, and the applicant must be given thirty days to respond.
(F) Upon approval, certificates must be issued to providers, courses, and instructors to be renewed biennially.
(G) Approved courses must be taught by approved instructors who are qualified and have demonstrated knowledge of the subject matter to be taught as well as the ability to teach.
(H) Approved instructors shall attend biennial instructor development workshops sponsored by the board whenever possible or provide evidence of equivalent hours of continuing education that increases their knowledge of either the subject content in their area of expertise or their teaching techniques.
HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 6, eff May 16, 2014; 2016 Act No. 243 (H.5023), Section 5, eff June 5, 2016.
Effect of Amendment
2014 Act No. 180, Section 6, substituted "board" for "department" throughout.
2016 Act No. 243, Section 5, in (C), inserted "publicly or privately".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-37. Reciprocal applications from appraisers from other jurisdictions; consent of nonresident appraiser to South Carolina court jurisdiction.

(A) The board may accept reciprocal applications from appraisers from other jurisdictions. These applicants may be given waivers of education, examination, and experience requirements if the board considers the education and examination requirements of another jurisdiction to be substantially equivalent to the requirements of this chapter.
(B) A nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in a judicial circuit of the State in which a cause of action may arise or in which the plaintiff may reside by the service of process or pleading, authorized by the laws of the State, on the Director of the Department of Labor, Licensing and Regulation. The consent must stipulate that the service of process or pleading must be taken and held in all courts to be as valid and binding as if service had been made upon the applicant in South Carolina. If the process or pleadings mentioned in this chapter are served upon the Director of the Department of Labor, Licensing and Regulation, it must be by duplicate copies, one of which must be filed in the office of the board and the other immediately forwarded by the board by registered or certified mail to the applicant against whom the process or pleadings are directed, at the last known address of the applicant as shown by the records of the board.
HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 7, eff May 16, 2014.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-120.
Effect of Amendment
2014 Act No. 180, Section 7, in subsection (A), substituted "accept reciprocal applications from appraisers from other jurisdictions. These applicants may be given" for "enter into reciprocal agreements with appraiser regulatory authorities of other jurisdictions which provide for".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-38. Adoption of and conformity to national standards of professional appraiser practice.

The board shall adopt the standards and amendments to these standards of professional appraisal practice, as promulgated by the Appraisal Standards Board of the Appraisal Foundation. All apprentice appraisers and state licensed and certified appraisers shall conform their professional conduct to the National USPAP and its amendments, as promulgated by the Appraisal Standards Board.
HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 8, eff May 16, 2014.
Editor's Note
Prior Laws:1993 Act No. 143, Section 6; 1994 Act No. 385, Section 22; 2000 Act No. 335, Section 1; 1976 Code Sections 40-60-145, 40-60-240.
Effect of Amendment
2014 Act No. 180, Section 8, substituted "apprentice appraisers" for "appraiser apprentices".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-39. Conformity of education and other requirements to those established by federal statutes and regulations.

The board is authorized to waive or to modify any experience, examination, or education requirements established for appraisers in this chapter in order to bring those requirements into conformity with any requirements established by federal statutes and regulations relating to state licensure of appraisers as established by federal financial institutions regulatory agencies, as defined in Title XI of the U.S. Code, or the Department of Housing and Urban Development, or other similar agencies.
HISTORY: 2006 Act No. 257, Section 1.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-250.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-40. Appraiser contact information; notification of change of address or telephone number; service of notice.

(A) Each licensee and apprentice must maintain on file with the board a current street address at which they may be found.
(B) Each licensee and apprentice must notify the board in writing within fifteen days of any change in residential address, office address, or office telephone number.
(C) Service of any notice upon a licensee who cannot be found at the last known address provided by the licensee may be made by leaving with the director, or designee, a copy of the notice and any accompanying documents along with proof of attempted service at the last known address. The board may set aside and reopen a proceeding upon satisfactory showing by the licensee of good cause as to why the licensee did not receive service of the notice.
HISTORY: 2006 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-50. Administrative support; lists of licensed and certified real estate appraisers; fees.

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspection, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) The board periodically shall transmit to the appraisal subcommittee as defined in Section 40-60-20(6), a roster of individuals who have become state licensed real estate appraisers and state certified real estate appraisers and shall collect and transmit any information or fees established under Public Law 101-73, Title XI, Real Estate Appraisal Reform Amendments. The board may collect a processing fee necessary to carry out its duties under this subsection.
(C) Initial fees must be established by the board in statute or regulation and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50 to ensure that they are sufficient, but not excessive, to cover expenses, including the total of the direct and indirect costs to the State for the operations of the board.
(D) Application and license fees are payable to the department in advance and must accompany an examination application or a license application. Fees are nonrefundable.
HISTORY: 2006 Act No. 257, Section 1; 2016 Act No. 243 (H.5023), Section 6, eff June 5, 2016.
Effect of Amendment
2016 Act No. 243, Section 6, in (D), deleted the former second sentence, relating to certified funds.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-80. Investigation of complaints and violations; stays; appeal.

(A) The department shall investigate complaints and violations of this chapter as provided in this chapter and Section 40-1-80.
(B) If a complaint filed with the board involves an appraisal report that varies from a sales, lease, or exchange price, the board may decline to conduct an investigation.
(C) The board is prohibited from conducting an investigation based solely on a dispute over the value of property for ad valorem tax purposes.
(D) A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160 and the South Carolina Administrative Procedures Act.
HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 9, eff May 16, 2014; 2016 Act No. 243 (H.5023), Section 7, eff June 5, 2016.
Editor's Note
Prior Laws:1991 Act No. 12, Section 1; 1993 Act No. 143, Section 7; 1993 Act No. 181, Section 938; 1994 Act No. 385, Section 22; 2000 Act No. 335, Section 1; 1976 Code Sections 40-60-160, 40-60-150.
Effect of Amendment
2014 Act No. 180, Section 9, in subsection (A), inserted "this chapter and".
2016 Act No. 243, Section 7, deleted former (D), relating to stay or supersedeas; redesignated former (E) as (D); and in (D), inserted reference to the Administrative Procedures Act.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-90. Power to administer oaths.

In addition to the powers and duties enumerated in Section 40-1-90, the presiding officer of the board may administer oaths when taking testimony upon any and all matters pertaining to the business or duties of the board.
HISTORY: 2006 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-100. Restraining orders and cease and desist orders.

Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.
HISTORY: 2006 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-120. Fines and penalties; delivery of notice of revocation or suspension; consent orders.

(A) In addition to the powers and duties enumerated in Section 40-1-120, the board may impose a fine of up to two thousand dollars to be paid for each violation of the provisions of this chapter or of the regulations promulgated by the board, but the total penalty or fine for violations may not exceed ten thousand dollars, and may require payment of the costs of the disciplinary action. Fines are payable immediately upon the effective date of discipline unless otherwise provided by the board. Interest accrues after fines are due at the maximum rate allowed by law. No licensee against whom a fine is levied is eligible for reinstatement until the fine has been paid in full.
(B) A decision by the board to publicly or privately reprimand, fine, revoke, suspend, or otherwise restrict a license or to limit or otherwise discipline a licensee becomes effective upon delivery of a copy of the decision to the licensee.
(C) Nothing in this section prevents a licensee from voluntarily entering into a consent order with the board wherein violations are not contested and sanctions are accepted.
HISTORY: 2006 Act No. 257, Section 1; 2016 Act No. 243 (H.5023), Section 8, eff June 5, 2016.
Effect of Amendment
2016 Act No. 243, Section 8, in (B), inserted "publicly or privately reprimand, fine", and deleted text relating to a petition of review operating as a supersedeas or stay.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-130. Grounds for denial of license or discipline.

As provided in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 2006 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-140. License denial based on prior criminal record.

A license may be denied based on a person's prior criminal record, only as provided for in Section 40-1-140.
HISTORY: 2006 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-150. 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 to practice in accordance with and subject to the provisions of Section 40-1-150. A person whose license is voluntarily surrendered may not practice or represent himself or herself to be authorized to practice until the board takes final action in the pending disciplinary matter. The voluntary surrender of a license is subject to public disclosure in accordance with Chapter 4 of Title 30. The time that an authorization has been surrendered may be credited, in the board's discretion, toward any period of suspension or other restriction of practice.
HISTORY: 2006 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-160. Appeal.

A respondent aggrieved by a final decision of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board.
HISTORY: 2006 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-170. Investigation and prosecution costs.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case, including appeals, in accordance with Section 40-1-170.
HISTORY: 2006 Act No. 257, Section 1.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-180.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-180. Collection of costs and fines.

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: 2006 Act No. 257, Section 1.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-190.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-190. Confidentiality of investigations and proceedings; privileged communications.

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.
HISTORY: 2006 Act No. 257, Section 1.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-200. Advertising or engaging in business of appraising without license; penalties.

(A) It is unlawful for a person, directly or indirectly, to engage in or conduct the business of or to advertise or hold himself out as engaging in or conducting the business of or to act in the capacity of, an appraiser within this State without first obtaining a permit, license, or certification as provided in this chapter.
(B) A person acting as an appraiser within the meaning of this chapter without a permit, license, or certification 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.
(C) An appraiser who fails to renew a license or certification and who continues to engage in appraisal activities or business 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: 2006 Act No. 257, Section 1.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-210.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-210. Injunctive relief; fine.

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person or entity violating this chapter, a regulation promulgated under this chapter, or an order of the board. For each violation the administrative law judge may impose a fine of not more than ten thousand dollars.
HISTORY: 2006 Act No. 257, Section 1.
Editor's Note
Prior Laws:2000 Act No. 335, Section 1; 1976 Code Section 40-60-220.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-220. Continuation of existing licenses.

A person who is licensed as a licensed appraiser, licensed mass appraiser, state-certified residential appraiser, state-certified residential mass appraiser, state-certified general appraiser, or state-certified general mass appraiser on December 31, 2014, may continue licensure in that category without meeting the requirements of Section 40-60-31 and Section 40-60-33, so long as the person is otherwise authorized to hold the license.
HISTORY: 2006 Act No. 257, Section 1; 2014 Act No. 180 (H.4644), Section 10, eff May 16, 2014.
Effect of Amendment
2014 Act No. 180, Section 10, substituted "state-certified residential mass appraiser" for "certified mass appraiser"; substituted "state-certified general mass appraiser" for "certified general mass appraiser"; substituted "December 31, 2014" for December 31, 2007"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-230. 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 section, 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: 2006 Act No. 257, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-310. Short title.

This article may be cited as the "Appraisal Management Company Registration Act".
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-340. Exclusions from registration requirements.

The following are excluded from the registration requirements of an appraisal management company:
(1) a person or entity that exclusively employs appraisers on an employer and employee basis for the performance of appraisals;
(2) a department or unit within a financial institution subject to direct regulation by an agency of the United States Government or an agency of this State and that receives a request for the performance of an appraisal from one employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser that is a certified or licensed appraiser. However, an appraisal management company that is a subsidiary owned or controlled by a financial institution may not be considered a department or unit within a financial institution to which the provisions of this chapter do not apply;
(3) a person that enters into an agreement, whether written or otherwise, with an appraiser for the performance of an appraisal, and upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal. However, an appraisal management company may not avoid the requirements of this chapter by requiring an employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by an appraiser who is part of the appraisal panel of the appraisal management company;
(4) an appraisal management company that maintains an appraiser panel that consists of:
(a) fifteen or fewer certified or licensed appraisers who are independent contractors in this State, or
(b) a total of twenty-four or fewer certified or licensed appraisers who are independent contractors in two or more states; and
(5) an appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institution regulatory agency, except that each appraisal management company exempt from registration pursuant to this subsection shall comply with the requirements of Section 40-60-360(C).
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-350. Renewal of registrations.

(A) An initial registration granted by the board pursuant to this article is valid from the date of issuance through expiration unless renewed pursuant to subsection (B).
(B) To renew biennially, an entity actively registered under this article shall submit all information required by the board before June thirtieth, and the board shall review and renew or review and deny the renewal of the registration of an appraisal management company.
(C) Failure to renew registration by the renewal date must result in the loss of authority to operate under this article.
(D) A request to reinstate registration within twelve months of expiration must be accompanied by a payment penalty of one hundred dollars for each month of delinquency.
(E) A registration expired for more than twelve months must be canceled but may be considered for reinstatement by the board upon proper application and payment of the original registration fee and any late fee. The application must be reviewed by the board to determine reinstatement and any further required conditions of the reinstatement.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."