Title 40, Professions and Occupations

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…

(A) An appraisal management company applying to the board for registration in this State shall designate one controlling person who is to be the main contact for all communication between the board and the appraisal management company. (B) To serve as a controlling person of an a…

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 s…

(A) An employee of the appraisal management company who is responsible for performing appraisal reviews of certified or licensed appraisers, who are independent contractors, must demonstrate knowledge of the Uniform Standards of Professional Appraisal Practice as determined by th…

(A) Each licensee and apprentice must maintain on file with the board a current physical 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, office telephon…

An employee, or independent contractor of, the appraisal management company must be an appraiser certified or licensed in this State to perform a Uniform Standards of Professional Appraisals Practice Standards 3 and 4 appraisal review of property located in this State.

An appraisal management company registered in this State pursuant to this article may not enter into contracts or agreements with a certified or licensed appraiser, who is an independent contractor, to perform a real estate appraisal service in this State unless the person perfor…

An appraisal management company shall: (1) maintain a detailed record of each service request that it receives for at least the latter of: (a) five years after the date of service request; or (b) two years after final disposition of a judicial proceeding in which the appraisal ma…

A registered appraisal management company that requires a real estate appraiser to submit to a criminal background check as a condition of employment, contractual relationship, or access to an appraisal portal shall accept a criminal background check performed within the precedin…

(A) It is unprofessional conduct for an employee, director, or agent of an appraisal management company registered pursuant to this article to influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensat…

(A) An appraisal management company shall, except in cases of breach of contract or substandard performance of services, make payment to certified or licensed appraisers, who are independent contractors, for the completion of an appraisal or valuation assignment within forty-five…

(A) An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by a licensed or certified independent appraiser without the appraiser's consent, except as necessary to comply with regulatory mandates or legal requirements. (B…

(A) In addition to the grounds for disciplinary action pursuant to Section 40-1-110, the board may discipline, publicly or privately reprimand, or fine an appraisal management company or suspend or revoke a registration issued under this article if, in the opinion of the board, a…

The board may conduct investigations and disciplinary proceedings in accordance with Sections 40-1-80 and 40-1-90 and the Administrative Procedures Act, provided: (1) before disciplining a registrant by publicly or privately reprimanding, fining, or suspending or revoking a regis…

The board may issue restraining orders and cease and desist orders pursuant to Section 40-1-100.

(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 a…

(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 transm…

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

As provided in Section 40-1-130, the board may deny registration to an applicant based on the same grounds for which the board may take disciplinary action against a registrant.

A registration obtained pursuant to this chapter may not be denied solely because of a prior criminal conviction unless the criminal conviction directly relates to the profession or occupation.