Title 40, Professions and Occupations

In addition to the commission operations provided in this chapter, the commission may act in accordance with those set forth in Section 40-1-60.

(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 with…

The commission is authorized to promulgate regulations to administer the provisions of this article.

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 …

The commission may promulgate regulations as may be necessary to effectuate the provisions of this chapter.

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80. A person, including the commission, may file an initial complaint against a licensee or registrant. The complaint must be in writing a…

This article may be cited as the "South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act".

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, co…

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.

(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: …

(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,…

(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…

Charges, unless dismissed without hearing by the commission as unfounded or trivial, must be heard by the commission in an open hearing. A copy of the charges and a notice of the time and place of the hearing must be served on the respondent at least thirty days before the fixed …

(A) There is created the South Carolina Real Estate Appraisers Board under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to regulate the real estate appraisal industry so as to protect the public's interest regarding real es…

Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.

In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant or may take disciplinary action against an appraiser who: (1) fails to meet the minimum qualifications for a license or certification established by or pursuant to this chapter; …

The board has jurisdiction over the actions committed or omitted by current and former licensees as provided in Section 40-1-115.

(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 vio…

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.

A license may be denied based on a person's prior criminal record, only as provided for in Section 40-1-140.

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 …

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 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.

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.

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.

As used in this chapter unless the context requires otherwise: (1) "Analysis" means a study of real estate or real property other than one estimating value. (2) "Appraisal", as a noun, means the act or process of developing an opinion of value; as an adjective, "appraisal" means …

(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…

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 …

A person who is credentialed in this State as a licensed appraiser, licensed mass appraiser, certified residential appraiser, certified residential mass appraiser, certified general appraiser, or certified general mass appraiser on December 31, 2014, may continue licensure in tha…

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…

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 dep…

To qualify as an appraiser, an applicant shall: (1) have attained the age of eighteen years; (2) satisfy educational requirements of having: (a) as an apprentice, state-licensed, or mass appraiser: (i) a high school diploma; or (ii) hold a certificate of equivalency; (b) as a sta…

This article may be cited as the "Appraisal Management Company Registration Act".

An application for examination, permit, licensure, or certification must be completed in writing on a form prescribed by the department.

For the purposes of this article: (1) "Appraisal management company" or "AMC" means a person that: (a) provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (b) provides such services in connection with valuing a c…

In addition to the requirements of Section 40-60-31, an applicant for a permit, license, or certification shall provide proof of having met the following educational and applicable experience requirements: (1) To qualify as an apprentice appraiser, an applicant shall: (a) furnish…

(A)(1) A person may not directly or indirectly engage or attempt to engage in business as an appraisal management company, or directly or indirectly engage or attempt to perform appraisal management services, or advertise or hold himself out as engaging in or conducting business …

(A) The board shall prescribe the form of a license and certificate containing an identification number that the appraiser shall use when signing appraisal reports. When an appraiser advertises or executes contracts or other instruments, the appraiser's name, appraiser classifica…

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 institutio…

(A)(1) For renewal of an active license or certification, an appraiser shall present evidence biennially of satisfactory completion by the applicant of twenty-eight hours of instruction in courses or seminars that have been approved by the board, of which seven hours must be the …

(A) An initial registration granted by the board pursuant to this article is valid for one year from the date of issuance unless renewed pursuant to subsection (B). (B) To renew annually, an entity actively registered under this article shall submit all information required by th…

(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 …

(A) The board shall promulgate regulations to establish fees for registration, renewal, and reinstatement and additional fees as are reasonably necessary for the administration of this chapter and as required in subsection (B) and (C). The fees must be established in consideratio…

(A) The board must grant a reciprocal credential to an appraiser credentialed in another jurisdiction if: (1) the appraiser holds a valid credential to value real property that is in good standing in at least one other jurisdiction; and (2) the requirements to obtain a credential…

(A) An appraisal management company shall not be registered in this State or included on the national registry if: (1) it is owned, in whole or in part, directly or indirectly, by a person who has had an appraiser certificate or license refused, denied, canceled, surrendered in l…

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 profess…