S*69 Session 108 (1989-1990)
S*0069(Rat #0106, Act #0062 of 1989) General Bill, By Drummond
A Bill to reauthorize the existence of the South Carolina Residential Home
Builders Commission for six years and to amend Section 40-59-90, Code of Laws
of South Carolina, 1976, relating to revocation of licenses of residential
home builders, so as to provide that licenses may be revoked, suspended, or
restricted for a period of one year, and to provide for reissuance of licenses
previously revoked if a majority of the members of the Home Builders
Commission vote if favor of the reissuance, to provide that appeals from the
decisions of the Commission must be governed by the provisions of the
Administrative Procedures Act; and to amend Section 40-59-110, relating to
reports of the Commission, so as to provide that the annual report must be
made to the General Assembly and that it must contain a list of builders whose
licenses were revoked, suspended, or restricted.-amended title
01/12/89 Senate Introduced and read first time SJ-53
01/12/89 Senate Referred to Committee on Labor, Commerce and
Industry SJ-53
03/14/89 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-16
03/15/89 Senate Amended SJ-26
03/15/89 Senate Read second time SJ-28
03/15/89 Senate Ordered to third reading with notice of
amendments SJ-28
03/21/89 Senate Amended SJ-18
03/21/89 Senate Read third time and sent to House SJ-20
03/22/89 House Introduced and read first time HJ-6
03/22/89 House Referred to Committee on Labor, Commerce and
Industry HJ-7
04/20/89 House Committee report: Favorable Labor, Commerce and
Industry HJ-11
04/27/89 House Read second time HJ-16
04/27/89 House Unanimous consent for third reading on next
legislative day HJ-17
04/28/89 House Read third time and enrolled HJ-4
05/04/89 Ratified R 106
05/10/89 Signed By Governor
05/10/89 Effective date 05/10/89
05/10/89 Act No. 62
05/26/89 Copies available
(A62, R106, S69)
AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME
BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME
BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE REVOKED, SUSPENDED, OR RESTRICTED
FOR A PERIOD OF ONE YEAR, AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY
REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN
FAVOR OF THE REISSUANCE, TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE
COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES
ACT; AND TO AMEND SECTION 40-59-110, RELATING TO REPORTS OF THE COMMISSION, SO
AS TO PROVIDE THAT THE ANNUAL REPORT MUST BE MADE TO THE GENERAL ASSEMBLY AND
THAT IT MUST CONTAIN A LIST OF BUILDERS WHOSE LICENSES WERE REVOKED, SUSPENDED,
OR RESTRICTED.
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Residential Home Builders Commission reauthorized
SECTION 1. In accordance with Section 1-20-60 of the 1976 Code, the existence
of the South Carolina Residential Home Builders Commission is reauthorized for
six years.
Revocation, suspension, or restriction of licenses
SECTION 2. Section 40-59-90 of the 1976 Code is amended to read:
"Section 40-59-90. The commission may revoke, or suspend or restrict for
a period not to exceed one year the license of a residential home builder who,
in the opinion of the commission, has committed fraud or deceit in obtaining a
license required by the provisions of this chapter or has been guilty of gross
negligence, incompetence, or misconduct in the practice of home building. A
person, including the commission, may prefer charges of fraud, deceit,
negligence, incompetence, or misconduct against a residential home builder
licensed under this chapter. The charges must be made to the commission in
writing and sworn to by the person so charging and must be submitted to the
executive secretary of the commission.
The charges, unless dismissed without hearing by the commission as unfounded
or trivial, must be heard by the commission in an open hearing within three
months after the date on which they were preferred. A copy of the charges,
together with notice of the time and place of the hearing, must be served legally
on the residential home builder charged at least thirty days before the fixed
date for the hearing. At the hearing the residential home builder charged may
appear personally or be represented by counsel and may cross-examine witnesses
against him and produce evidence and witnesses in his defense. If, after the
hearing, a majority of the commission votes in favor of revoking, or suspending
or restricting for a period not to exceed one year the license of the residential
home builder charged on the basis of fraud or deceit in obtaining his license or
gross negligence, incompetence, or misconduct in the performance of home
building, the commission shall order the license of the residential home builder
revoked, or suspended or restricted for a period not to exceed one year. After
the commission revokes or suspends or restricts for a period not to exceed one
year the license of the residential home builder, he has ten days to file with
the commission written notice of his intention to appeal from the order of the
commission. All appeals from the order of the commission are governed by the
provisions of Article 3, Chapter 23 of Title 1 (the Administrative Procedures
Act).
The commission may reissue a license to a residential home builder whose
license was previously revoked if a majority of the members of the commission
vote in favor of the reissuance."
Reports
SECTION 3. Section 40-59-110 of the 1976 Code is amended to read:
"Section 40-59-110. The commission shall annually submit to the Governor
and the General Assembly a report of its transactions for the preceding year
including a complete statement of the receipts and expenditures of the
commission, a roster of all the residential home builders licensed for that year,
and a list of the residential home builders whose license was revoked, suspended,
or restricted by the commission during the preceding year. The commission shall
also annually file with the Secretary of State a certified copy of the report at
the same time the report is submitted to the Governor and the General
Assembly."
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |