reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-35. License required for manufacture, sale, or storage of fireworks; exceptions.

(A) Except as otherwise provided for in this section, a person, firm, or entity that manufactures, sells, or stores fireworks shall obtain a license issued by the board pursuant to this chapter. General license requirements are as follows:
(1) A license may not be issued to anyone under the age of eighteen.
(2) An application for licensure must be submitted on forms prescribed by the board accompanied by applicable fees.
(3) A license is required for each physical address or site at which fireworks are manufactured, sold, or stored.
(4) A copy of the appropriate license issued by the South Carolina Department of Revenue for retail sales of fireworks must accompany each application for a retail fireworks sales license.
(5) Initial license applications and applications for license renewal may be approved only after an authorized agent of the board inspects the buildings and facilities where fireworks are to be manufactured, sold, or stored for compliance with the current codes and standards.
(6) All licenses and permits only may be issued for one calendar year.
(7) Licenses must be prominently displayed at the licensee's place of business approved for the manufacture, sale, or storage of fireworks.
(8) Licenses issued by the board are nontransferable.
(B) A license is not required for the:
(1) manufacture, sale, storage, transportation, handling, or a combination of these, including, but not limited to, railroad torpedoes, automotive, aeronautical, and marine flares and smoke signals;
(2) transportation, storage, handling, or use of fireworks, or a combination of these, by the Armed Forces of the United States;
(3) transportation, handling, or use of fireworks, or a combination of these, by the State Fire Marshal, his employees, or a commissioned law enforcement officer acting within his official capacity; or
(4) fireworks deregulated by the U.S. Department of Transportation.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-50. Administrative support.

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 pursuant to Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-70. Duties of board.

(A) It is the duty and responsibility of the board to promulgate, pursuant to the Administrative Procedures Act, regulations relating to pyrotechnics in this State, including the manufacture, sale, storage, and fire safety of these products. These regulations must be adjusted using the procedures in Chapter 34, Title 1.
(B) The board may conduct hearings on alleged violations by licensees of this chapter or regulations promulgated pursuant to this chapter and may discipline these licensees.
(C) The board also shall recommend to the General Assembly legislation it considers necessary for the safety and control of the sale of pyrotechnics.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
Editor's Note
Prior laws: 1979 Act No. 190, Section 8A; 1980 Act No. 519, Part II, Section 6; 1993 Act No. 181, Section 930; 1976 Code Section 40-56-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-80. Investigations; inspections; confiscation of illegal fireworks; board may compel attendance of witnesses.

(A) The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Chapter 1.
(B) During reasonable business hours, the department or its authorized agent may enter the premises or vehicle of a person engaged in the manufacture, sale, or storage of pyrotechnics to inspect, investigate, or examine the property or installation it considers necessary. When an emergency exists, as declared by the department, the inspector may enter the premises of a person and take necessary action for public safety including, but not limited to, the evacuation of the area where the emergency exists.
(C) A fire chief and his inspector, a sheriff and his deputy, a chief of police and his officer, and an agent of SLED may inspect a building, facility, or vehicle where fireworks may be manufactured, stored, or sold and records of manufacturing, storage, sales, and purchases that must be maintained.
(D) An official named in this section who has the authority to inspect may confiscate illegal fireworks being manufactured, offered for sale, stored, or possessed.
(E) The board may compel the attendance of witnesses to testify in relation to a matter within its jurisdiction.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-100. Issuance of cease and desist order, or petition for temporary restraining order or other equitable relief.

In addition to other remedies provided for in this chapter, the board pursuant to Chapter 1 may issue a cease and desist order or may petition the Administrative Law Court for a temporary restraining order or other equitable relief to enjoin a violation of this chapter or a regulation promulgated pursuant to this chapter.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-115. Jurisdiction of board.

The board has jurisdiction over the actions of licensees and former licensees as provided for in Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-120. Discipline.

(A) Upon a determination by the board that grounds for discipline exist, the board is authorized to:
(1) issue a public reprimand;
(2) impose a civil penalty not to exceed two thousand five hundred dollars;
(3) place a licensee on probation or restrict or suspend a license for a definite or indefinite time period and prescribe conditions to be met during this period including, but not limited to, satisfactory completion of additional education, or a supervisory period; or
(4) revoke the license.
(B) The board may take disciplinary action against a person for:
(1) the grounds stated in Chapter 1; or
(2) a condition found as a result of an inspection, examination, or investigation provided for in Section 40-56-80 that is hazardous to public safety.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-130. License denial based on same grounds for discipline.

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: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-140. 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 Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated pursuant to this chapter may voluntarily surrender the license pursuant to Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-160. Review of board decision.

A person aggrieved by a final action of the board may seek review of the decision pursuant to Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-170. Payment of investigation and prosecutions costs.

A person found in violation of this chapter or a regulation promulgated pursuant this chapter may be required to pay costs associated with the investigation and prosecution of the case pursuant to Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-180. Payment of costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with, and are subject to, the collection and enforcement provisions of Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-190. Confidentiality of investigations and proceedings.

Investigations and proceedings conducted under the provisions of this chapter are confidential, and all communications are privileged as provided for in Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-200. Penalties; fire codes and regulations adopted by State Fire Marshal.

(A) A person required by this chapter to obtain a license to do business in this State, who has not obtained a license or who operates while his license is suspended or revoked or who violates a provision of this chapter or a regulation promulgated pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars and not more than two thousand dollars or imprisoned for not less than ninety days and not more than one year.
(B) This chapter does not repeal, amend, or otherwise affect fire codes and regulations adopted by the State Fire Marshal.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-210. Civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief as provided for in Chapter 1.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-220. Facilities must comply with regulations; consumer fireworks must comply with federal standards; small bottle rocket sale and use not legal; no sale of fireworks to anyone under sixteen.

(A) All facilities for the manufacturing, sales, or storage of fireworks must comply with regulations established by the board.
(B) All consumer fireworks must comply with standards set by the U.S. Department of Transportation and the CPSC for consumer fireworks. The board may request fireworks be tested by a CPSC certified testing group to see that these standards are met.
(C) Retail sale and use of small bottle rockets are not legal within South Carolina.
(D) Fireworks may not be sold to anyone under the age of sixteen.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-230. Insurance.

(A) An application for a retail fireworks sales license must be accompanied by evidence that the applicant holds a policy that:
(1) provides public liability insurance coverage for retail sales activities at the location for the permitted sale period;
(2) is issued by an insurance company authorized to do business in this State; and
(3) provides coverage in the following minimum amounts:
(a) one million dollars for injuries or damage to any one person in one accident or occurrence;
(b) one million dollars for injuries to two or more persons in any accident or occurrence; and
(c) one million dollars combined single-limit coverage for any one accident or occurrence.
(B) A policy, except those policies issued for fewer than ninety days' use for seasonal permits, by its original term or an endorsement, must obligate the insurer to not cancel, suspend, or nonrenew the policy without thirty days' written notice of the proposed cancellation, suspension, or nonrenewal being given to the board. The insured immediately shall give notice to the board if liability insurance is canceled, suspended, or nonrenewed.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-240. Wholesale licenses; display fireworks.

(A) A person may not store display fireworks in this State unless the person has obtained a wholesale license from the board.
(B) Only licensed wholesalers shall sell or provide fireworks for displays.
(C) All buildings and structures used to store display fireworks must meet regulations established by the board.
(D) These license holders also must comply with U.S. Bureau of Alcohol, Tobacco, and Firearms regulations.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-250. Orders of board to remove or correct hazardous condition; administrative citations and administrative penalties.

(A) If the board or its designee finds a condition as a result of an inspection, that is hazardous to the public safety or a violation of this chapter or regulations promulgated pursuant to this chapter, the board shall issue an order in writing to remove or correct the condition. If a person fails to comply with the terms of the order, the board may issue administrative citations and may assess administrative penalties against any licensee.
(B) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(C) Administrative penalties assessed pursuant to this section may not exceed two thousand five hundred dollars for each violation.
(D) An entity or individual assessed administrative penalties by citation under this section may appeal the citation to the Board of Pyrotechnic Safety within fifteen days of receipt of the citation. The appeal must be filed in writing. If an appeal is filed, the board shall schedule a hearing, 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.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-260. Report to board of any fire or explosion.

An owner, manager, or operator of any location regulated by this chapter shall report to the board within twenty-four hours of any fire or explosion of which the person has knowledge, with as complete detail as possible, together with evidence as he has obtained after investigation of the fire or explosion. No reports filed pursuant to this section may be disclosed unless disclosure is in compliance with the requirements of Chapter 4, Title 30 of the 1976 Code.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 56 - State Board Of Pyrotechnic Safety › Section 40-56-270. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter, which can be given effect without the invalid provisions, or application, and to this end the provisions of this chapter are severable.
HISTORY: 2010 Act No. 196, Section 1, eff June 1, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-5. Applicability of chapter; conflicts of laws.

Unless otherwise provided in this chapter, the provisions of Article 1, Chapter 1 apply to real estate brokers, salespersons, and property managers. The provisions of this chapter control when they conflict with the provisions of Article 1, Chapter 1.
HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-10. South Carolina Real Estate Commission created; purpose.

There is created the South Carolina Real Estate Commission under the administration of the Department of Labor, Licensing and Regulation. The purpose of this commission is to regulate the real estate industry so as to protect the public's interest when involved in real estate transactions.
HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, reenacted the section with no change.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-20. Valid Licensure Requirement for Real Estate Brokers, Salespersons, and Property Managers.

It is unlawful for an individual to act as a real estate broker, real estate salesperson, or real estate property manager or to advertise or provide services as such without an active, valid license issued by the commission.
HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Editor's Note
Prior Laws:1956 (49) 2046; 1957 (50) 56, 220; 1958 (50) 1870; 1962 Code Section 56-1545; 1967 (55) 652; 1986 Act No. 353, Section 2; 1991 Act No. 12, Section 4; 1994 Act No. 385, Section 2.
Effect of Amendment
2016 Act No. 170, Section 1, substituted "salesperson" for "salesman", inserted "or provide services" and "an active,", and substituted "commission" for "department".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-50. Election of officers; seal; rules and procedures.

The commission annually shall elect from its total membership a chair, vice chair, and other officers the commission determines necessary at the first meeting in the fiscal year of the State. The commission may adopt an official seal and shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.
HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, inserted "at the first meeting in the fiscal year of the State", and made gender neutral changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-60. Powers and duties of commission.

(A) The commission shall administer and enforce this chapter and regulations promulgated under this chapter. In addition to powers contained in Section 40-1-70, the powers and duties include, but are not limited to:
(1) determining the standards for the qualifications and eligibility of applicants for licensure, the qualifications of education providers and instructors, and the conditions for license renewal;
(2) conducting disciplinary hearings on alleged violations of this chapter and regulations promulgated under this chapter and deciding disciplinary actions as provided in this chapter for those found to be in violation;
(3) recommending changes in legislation and promulgating regulations governing the real estate industry relative to the protection, safety, and welfare of the public; and
(4) establishing a fee schedule.
(B) The commission may not be involved in a resolution of disputes between licensees over the payment or division of a commission or fee.
(C) The commission staff shall conduct periodic inspections of the offices of licensees to assist with and ensure compliance with this chapter.
HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Section 27; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-65. Annual report.

The commission shall submit an annual report in accordance with established guidelines to the department and the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee.
HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-70. Application and license fees; allocation of fees; annual report.

(A) Fees relevant to the licensure and regulation of real estate brokers, salespersons, and property managers must be established in accordance with Section 40-1-50(D) and promulgated by regulation prior to implementation.
(B) Application and license fees must be paid to the commission in advance and must accompany an examination application or a license application. An application fee is nonrefundable.
(C)(1) The department may allocate up to ten dollars of each license renewal fee to the South Carolina Real Estate Commission Education and Research Fund which is established as a separate and distinct account within the Office of the State Treasurer. The funds collected must be deposited in this account and used exclusively for the:
(a) advancement of education and research for the benefit of those licensed under this chapter and for the improvement and increased efficiency of the real estate industry in this State;
(b) analysis and evaluation of factors which affect the real estate industry in this State; and
(c) dissemination of the results of the research.
(2) The commission annually by August first shall submit a report on how the funds were expended for the preceding fiscal year to the Chairs of the Senate Labor, Commerce and Industry Committee and House Labor, Commerce and Industry Committee.
HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Section 26; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, in (A), substituted "Fees relevant" for "All fees relevant"; deleted former (B), related to reinstatement penalty, and redesignated former (C) and (D) as (B) and (C); in (B) substituted "commission" for "department"; in (C)(1), substituted "is established" for "must be established"; and made nonsubstantive and gender neutral changes throughout.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-80. Reserved.

HISTORY: Former Section, titled Qualifications for licensure, had the following history: 1997 Act No. 24, Section 1. Reserved by 2016 Act No. 170, Section 1, eff January 1, 2017. See now, Code 1976 Section 40-57-310.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-90. Application for examination or licensure; form and fees.

An application for examination or licensure must be made in writing on a form prescribed by the commission and must be accompanied by all applicable fees.
HISTORY: 1997 Act No. 24, Section 1; 1999 Act No. 18, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Editor's Note
Prior Laws:1956 (49) 2046; 1962 Code Section 56-1545.9; 1972 (57) 2649; 1976 Act No. 519; 1981 Act No. 136, Section 1; 1986 Act No. 353, Section 6; 1991 Act No. 12, Section 7; 1994 Act No. 385, Section 6; 1976 Code Section 40-57-100.
Effect of Amendment
2016 Act No. 170, Section 1, substituted "commission" for "department".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-100. Reserved.

HISTORY: Former Section, titled Educational requirements conditional to application for licensure, had the following history: 1956 (49) 2046; 1962 Code Section 56-1545.9; 1972 (57) 2649; 1976 Act No. 519; 1981 Act No. 136, Section 1; 1986 Act No. 353, Section 6; 1991 Act No. 12, Section 7; 1994 Act No. 385, Section 6; 1976 Code Section 40-57-100; 1997 Act No. 24, Section 1; 1999 Act No. 18, Section 1. Reserved by 2016 Act No. 170, Section 1, eff January 1, 2017. See now, Code 1976 Section 40-57-320.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-110. Issuance and classification of license; inactive status; renewal; lapse.

(A) The commission shall issue licenses in the classifications of broker, broker-in-charge, or salesperson, to individuals who qualify under and comply with the requirements of this chapter; provided the commission may deny a license to an applicant it finds to have engaged in misconduct as provided in Section 40-57-710 or otherwise. No individual may be licensed in more than one classification at the same time. The license must be in the form and size as the commission prescribes and is not transferable.
(B) A licensee may place a license on inactive status by informing the commission in writing. To maintain an inactive license status, the license must be renewed in the same manner as provided for active license renewals. Upon proper compliance with the renewal requirements, a license may remain on inactive status for an indefinite period of time. An individual seeking to reactivate a license shall apply for the same license classification which was placed on inactive status, pay the appropriate fee, and meet the continuing education requirements as prescribed.
(C) A license only may be renewed in accordance with procedures established by the commission pursuant to Section 40-1-50(D). A licensee is responsible for renewing his license whether or not he receives notice.
(D) A license that is not renewed before its expiration date lapses.
(E) A license that has lapsed and is not reinstated by the last day of the sixth month following expiration is canceled.
HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Editor's Note
Prior Laws:1956 (49) 2046; 1957 (50) 555; 1962 Code Sections 56-1545.11, 56-1545.15; 1967 (55) 652; 1986 Act No. 353, Section 8; 1994 Act No. 385, Section 9; 1976 Code Sections 40-57-120, 40-57-160.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section, deleting former (B) through (F) and redesignating former (G) through (J) as (B) through (E).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-115. Criminal background checks required for initial applicants and licensure renewals.

In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure as a salesman, broker, broker-in-charge, property manager, and property manager-in-charge, the commission shall require initial applicants and applicants for licensure renewal to submit to a state fingerprint-based criminal records check, to be conducted by the State Law Enforcement Division (SLED); a national criminal records check, supported by fingerprints, by the FBI; and a social security number-based criminal records check from a source approved by the commission. Costs of conducting a criminal records check must be borne by the applicant. The commission shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as necessary to support the administrative action.
HISTORY: 2014 Act No. 258 (S.75), Section 1, eff June 9, 2014; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017; 2017 Act No. 60 (H.3041), Section 1, eff July 1, 2020; 2021 Act No. 25 (H.3664), Section 1, eff April 26, 2021.
Editor's Note
2020 Act No. 127, Section 1, provides as follows:
"SECTION 1. SECTION 5 of Act 60 of 2017 is amended to read:
"This act takes effect on July 1, 2020, and with respect to license renewals is only applicable to renewals initially due after June 30, 2020."
Effect of Amendment
2016 Act No. 170, Section 1, substituted "salesperson" for "salesman".
2017 Act No. 60, Section 1, amended the section, requiring background checks for licensure renewals and requiring the background checks to be fingerprint-based.
2021 Act No. 25, Section 1, in the first sentence, substituted "; a national criminal records check, supported by fingerprints, by the FBI; and a social security number-based criminal records check from a source approved by the commission" for ", and a national criminal records check, supported by fingerprints, by the FBI".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-240. Applicability of chapter.

This chapter does not apply to:
(1) the sale, lease, or rental of real estate by an unlicensed owner of real estate who owns any interest in the real estate if the interest being sold, leased, or rented is identical to the owner's legal interest;
(2) an attorney at law acting within the scope of his duties involved in the legal representation of a client/owner;
(3) agencies and instrumentalities of the state or federal government and their employees acting within the scope of their official duties;
(4) foresters registered under Chapter 27, Title 48, if the sale of any land is merely incidental to the sale of timber on the land; or
(5) court-appointed receivers and trustees while acting within the scope of their appointment.
HISTORY: 1997 Act No. 24, Section 1; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, in (2), substituted "a client/owner" for "his client/owner", and in (4) added "or" at the end.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-250. Omitted.

HISTORY: Former Section, titled Severability, had the following history: 1997 Act No. 24, Section 1. Omitted by 2016 Act No. 170, Section 1, eff January 1, 2017. See now, Code 1976 Section 40-57-810.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-310. Qualifications for licensure.

To be eligible for licensure as a real estate broker, broker-in-charge, or salesperson, an applicant must:
(1) attain the age of twenty-one if applying for a license as a broker or broker-in-charge;
(2) attain the age of eighteen if applying for a license as a salesperson;
(3) provide a physical address at which the licensee can be contacted in the course of an investigation. A licensee shall maintain on file with the commission his current contact information for his residential address, mailing address, email address, and telephone number. Failure to update this contact information within thirty days after a change may result in an administrative suspension of the property manager, salesperson, broker, or broker-in-charge pursuant to Section 40-57-710;
(4) graduate from high school or hold a certificate of equivalency recognized by the State Department of Education;
(5) submit proof of completion of education to the commission and, if applicable, experience requirements as specified in this chapter;
(6) submit to criminal background check as provided in Section 40-57-115 for initial application; and
(7) pass the applicable examination.
HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-80; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-330. Broker-in-charge license requirements; active broker or salesperson must be licensed under broker-in-charge.

(A) A broker-in-charge license may not be issued to or renewed for an applicant unless the applicant:
(1) has an ownership interest in the applicant's company; or
(2) is actively engaged in the operation and management of the company.
(B) An individual holding an active broker or salesperson license must be licensed under a broker-in-charge who is licensed by the commission and may not be licensed during the same period with more than one broker-in-charge. When a licensee becomes disassociated with a broker-in-charge, he immediately shall notify the commission by completion of the proper form. The licensee must furnish a new business address to the commission, the authorization of the new broker-in-charge, and proof of notification to the former broker-in-charge.
HISTORY: 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-360. Broker-in-charge responsible for team supervision.

(A) The broker-in-charge must be responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader. Written office policy of the broker-in-charge shall address team relationships in which associated licensees may engage.
(B) The team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in the broker-in-charge's written office policy.
(C) Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge.
(D) Team advertising must contain the team name and the full name of the real estate brokerage firm displayed in a conspicuous way.
(E) No team may imply that the team is a separate entity from the brokerage firm of its employment. Team names may not include the terms "realty", "real estate", "realtors", or similar terms suggesting a brokerage.
(F) The team, and any and all team members, must display and promote that they are directly connected to the brokerage firm under which the team works. The brokerage firm name under which the team works is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising.
(G) The commission may promulgate regulations regarding the creation and operation of real estate teams.
HISTORY: 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-380. Effect of termination, expiration, completion or performance of agency agreements; accounting and confidentiality.

A real estate broker and all associated licensees owe no duty or obligation to a client following termination, expiration, completion, or performance of an agency agreement or closing of the real property transaction, whichever occurs first, except the duties of:
(1) accounting in a timely manner for all money and property related to and received during the relationship; and
(2) keeping confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, except as provided for in Section 40-57-350(C)(1)(f) and Section 40-57-350(E)(1)(f) unless the:
(a) client permits the disclosure by written agreement;
(b) disclosure is required by law;
(c) disclosure is necessary to defend the licensee against an accusation of wrongful conduct in a proceeding before the commission or before a professional association or professional standards committee; or
(d) the information becomes public from a source other than the broker.
HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Section 19; formerly 1976 Code Section 40-57-140; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-520. Management of residential multiunit rental locations.

(A) The management of each residential multiunit rental location must be provided by an on-site licensee or an off-site licensee if there is no on-site staff.
(B) The commission may permit multiple multiunit rental property locations to be managed by one licensee.
(C) An unlicensed employee of the owner of a multiunit rental property or an unlicensed individual who works under the supervision of a licensee is permitted to perform only the following duties:
(1) maintenance;
(2) clerical or administrative support;
(3) collection of rents that are made payable to the owner or real estate company;
(4) showing rental units to prospective tenants;
(5) furnishing published information;
(6) providing applications and lease forms; and
(7) receiving applications and leases for submission to the owner or the licensee for approval.
HISTORY: 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-720. Investigations; restraining orders; surrender of license; disciplinary action; report to be posted.

(A) An investigation must be conducted in accordance with Section 40-1-80 and must be performed by investigators who have completed one hundred hours of training in programs that are approved by the commission and provide instruction on real estate principles, state statutory and regulatory law, and investigative techniques.
(B) A restraining order must be obtained in accordance with Section 40-1-100.
(C)(1) The department shall conclude its investigation within one hundred fifty days from receipt of the complaint or seek a waiver of this period from the commission upon a showing of due diligence and extenuating circumstances.
(2) A hearing on the charges must be at the time and place designated by the commission and must be conducted in accordance with the Administrative Procedures Act.
(3) The commission shall render a decision and shall serve, within ninety days, notice, in writing, of the commission's decision to the licensee charged. The commission also shall state in the notice the date upon which the ruling or decision becomes effective.
(4) The department shall maintain a public docket or other permanent record in which must be recorded all orders, consent orders, or stipulated settlements.
(D) A licensee may voluntarily surrender his license in accordance with Section 40-1-150.
(E)(1) The commission may impose disciplinary action in accordance with Section 40-1-120.
(2) Upon determination by the commission that one or more of the grounds for discipline exists, the commission may impose a fine of not less than five hundred or more than five thousand dollars for each violation and as provided in Section 40-1-120. The commission may recover the costs of the investigation and the prosecution as provided in Section 40-1-170.
(3) Nothing in this section prevents a licensee from voluntarily entering into a consent order with the commission wherein violations are not contested and sanctions are accepted.
(F) The department annually shall post a report that provides the data for the number of complaints received, the number of investigations initiated, the average length of investigations, and the number of investigations that exceeded one hundred fifty days.
HISTORY: 1997 Act No. 24, Section 1; 2004 Act No. 218, Sections 22 and 23; 2014 Act No. 258 (S.75), Section 2, eff June 9, 2014; formerly 1976 Code Section 40-57-150; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Editor's Note
Prior Laws:1956 (49) 2046; 1962 Code Section 56-1545.17; 1983 Act No. 94 Section 3; 1986 Act No. 353, Section 12; 1994 Act No. 385, Section 14; 1976 Code Section 40-57-180.
Effect of Amendment
2014 Act No. 258, Section 2, rewrote subsection (A); added subsection (C)(2), and redesignated the subsections accordingly; and added subsection (F).
2016 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-730. Licensure after revocation.

After revocation of a license, a person may not reapply for three years from the date of revocation. A person seeking licensure after revocation shall:
(1) submit to the commission satisfactory proof that the person is trustworthy, has a good reputation for honesty and fair dealing, and is competent to transact the business of a real estate licensee;
(2) submit proof of educational qualifications as set forth in this chapter if the proof of educational qualifications on file is more than five years old;
(3) pass the applicable examination; and
(4) meet any other qualifications and conditions that apply to individuals applying for a license who have never been licensed.
HISTORY: 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-750. Costs of investigation and prosecution of violations.

Payment and collection of costs associated with investigations and prosecution of violations under this chapter must comply with Section 40-1-170.
HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-190; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, reenacted this section with no changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-760. Imposition of costs; collection.

Imposition and collection of all costs and fines imposed pursuant to this chapter must comply with Section 40-1-180.
HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-200; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, reenacted this section with no changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-770. Confidentiality and privileged communications.

An investigation conducted pursuant to this chapter is confidential. Related communications are privileged as provided in Section 40-1-190.
HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-210; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-780. Failure to renew or register license; penalties.

A real estate broker, salesperson, or property manager who fails to renew or register a license and continues to engage in the business permitted pursuant to the license is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-220; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Editor's Note
Prior Laws:1956 (49) 2046; 1962 Code Section 56-1545.23; 1986 Act No. 353, Section 13; 1991 Act No. 12, Section 11; 1976 Code Section 40-57-240.
Effect of Amendment
2016 Act No. 170, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-790. Civil actions.

A civil action may be brought for violations of this chapter as provided for violations of Article 1, Chapter 1, in accordance with Section 40-1-210.
HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-230; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, substituted "Article 1, Chapter 1," for "Title 40, Chapter 1, Article 1".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-800. Service of notice; continuance.

(A) Service of a notice provided for by law upon a nonresident licensed under this chapter or upon a resident who, having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by providing a copy of the notice, and accompanying documents. A copy of the notice, accompanying documentation, and a certified copy of the service on the administrator must be mailed to the licensee at his last known address, return receipt requested. The administrator shall keep a record of the day of the service of the notice and the return receipt must be attached to and made part of the return of service of the notice by the commission.
(B) A continuance may be given in a hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.
HISTORY: 1997 Act No. 24, Section 1; formerly 1976 Code Section 40-57-170; 2016 Act No. 170 (S.1013), Section 1, eff January 1, 2017.
Effect of Amendment
2016 Act No. 170, Section 1, in (A), substituted "providing" for "leaving with the Director of the Department of Labor, Licensing and Regulation", substituted "accompanying documentation" for any accompanying documents", and twice substituted "administrator" for "director".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 57 - Real Estate Brokers, Salesmen, And Property Managers › Section 40-57-810. Severability.

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