S*462 Session 106 (1985-1986)
S*0462(Rat #0372, Act #0353 of 1986) General Bill, By Land and N.A. Theodore
Similar(H 2788)
A Bill to amend Sections 40-57-20, 40-57-100, 40-57-110, 40-57-150, 40-57-170,
and 40-57-180, all as amended, and 40-57-10, 40-57-30, 40-57-40, 40-57-90,
40-57-120, 40-57-160, and 40-57-240, relating to real estate brokers,
counsellors, salesmen, appraisers, property managers, examinations, licensing,
and commission rulings and decisions, so as to provide additional
prerequisites for the examination and licensing of property managers, to
authorize the Commission to establish an application fee, to clarify
provisions relating to real estate auctioneers; to authorize the Commission to
assess fines for misrepresentations and other infractions and to issue
subpoena and cease and desist orders, to define broker to include a person who
negotiates or solicits referrals and define broker-in-charge, property
manager, and property manager-in-charge, to provide that the provisions of the
Chapter do not apply to transactions involving rental or leasing of real
estate by the owner, to require that all persons licensed by the Commission
submit a credit report, to provide that property manager is an additional
license classification and that no person be licensed in more than one
classification, to prohibit inducements by licensees in the sale of real
estate, to provide notice to the Commission of civil or criminal actions and
judgments, to increase the penalty for failure to renew a license to deal in
real estate transactions from an amount not to exceed one hundred dollars to
five hundred dollars and increase the maximum prison term from thirty days to
six months, to provide a penalty for failure to have a real estate license,
and to amend the 1976 Code by adding Section 40-57-250 so as to provide for an
adminstrative fine.-amended title
04/04/85 Senate Introduced and read first time SJ-1320
04/04/85 Senate Referred to Committee on Judiciary SJ-1320
04/17/85 Senate Committee report: Favorable Judiciary SJ-1540
04/18/85 Senate Read second time SJ-1605
04/18/85 Senate Ordered to third reading with notice of
amendments SJ-1605
04/25/85 Senate Amended SJ-1775
04/25/85 Senate Read third time and sent to House SJ-1776
04/30/85 House Introduced and read first time HJ-2738
04/30/85 House Referred to Committee on Labor, Commerce and
Industry HJ-2739
02/26/86 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-971
03/04/86 House Debate adjourned HJ-1136
03/05/86 House Amended HJ-1198
03/05/86 House Read second time HJ-1213
03/06/86 House Read third time HJ-1298
03/06/86 House Returned HJ-1298
03/13/86 Senate Concurred in House amendment and enrolled SJ-991
03/25/86 Ratified R 372
03/28/86 Signed By Governor
03/28/86 Effective date 03/28/86
03/28/86 Act No. 353
04/07/86 Copies available
(A353, R372, S462)
AN ACT TO AMEND SECTIONS 40-57-20, 40-57-100, 40-57-110, 40-57-150, 40-57-170,
AND 40-57-180, ALL AS AMENDED, AND 40-57-10, 40-57-30, 40-57-40, 40-57-90,
40-57-120, 40-57-160, AND 40-57-240, RELATING TO REAL ESTATE BROKERS,
COUNSELLORS, SALESMEN, APPRAISERS, PROPERTY MANAGERS, EXAMINATIONS, LICENSING,
AND COMMISSION RULINGS AND DECISIONS, SO AS TO PROVIDE ADDITIONAL PREREQUISITES
FOR THE EXAMINATION AND LICENSING OF PROPERTY MANAGERS, TO AUTHORIZE THE
COMMISSION TO ESTABLISH AN APPLICATION FEE, TO CLARIFY PROVISIONS RELATING TO
REAL ESTATE AUCTIONEERS; TO AUTHORIZE THE COMMISSION TO ASSESS FINES FOR
MISREPRESENTATIONS AND OTHER INFRACTIONS AND TO ISSUE SUBPOENA AND CEASE AND
DESIST ORDERS, TO DEFINE BROKER TO INCLUDE A PERSON WHO NEGOTIATES OR SOLICITS
REFERRALS AND DEFINE BROKER-IN-CHARGE, PROPERTY MANAGER, AND PROPERTY
MANAGER-IN-CHARGE, TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT APPLY TO
TRANSACTIONS INVOLVING RENTAL OR LEASING OF REAL ESTATE BY THE OWNER, TO REQUIRE
THAT ALL PERSONS LICENSED BY THE COMMISSION SUBMIT A CREDIT REPORT, TO PROVIDE
THAT PROPERTY MANAGER IS AN ADDITIONAL LICENSE CLASSIFICATION AND THAT NO PERSON
BE LICENSED IN MORE THAN ONE CLASSIFICATION, TO PROHIBIT INDUCEMENTS BY LICENSEES
IN THE SALE OF REAL ESTATE, TO PROVIDE NOTICE TO THE COMMISSION OF CIVIL OR
CRIMINAL ACTIONS AND JUDGMENTS, TO INCREASE THE PENALTY FOR FAILURE TO RENEW A
LICENSE TO DEAL IN REAL ESTATE TRANSACTIONS FROM AN AMOUNT NOT TO EXCEED ONE
HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS AND INCREASE THE MAXIMUM PRISON TERM FROM
THIRTY DAYS TO SIX MONTHS, TO PROVIDE A PENALTY FOR FAILURE TO HAVE A REAL ESTATE
LICENSE, AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-250 SO AS TO PROVIDE
FOR AN ADMINISTRATIVE FINE.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Section 40-57-10 of the 1976 Code is amended to read:
"Section 40-57-10. As used in this chapter:
(1) 'Broker' means any person who for a fee, commission, or other valuable
consideration, or with the intent or expectation of receiving a fee, commission,
or consideration, negotiates or attempts to negotiate the listing, sale, auction,
purchase, exchange, or lease of any real estate or of the improvements thereon,
or negotiates or attempts to negotiate, or solicits or attempts to solicit a
referral with respect to the foregoing activities, or collects rents or attempts
to collect rents, or who acts as an appraiser, or who advertises or holds himself
out as engaged in any of the foregoing activities. The term includes the
activity provided in subsections (3) and (4) of this section. The term also
includes any person employed by or on behalf of the owner of real estate to
conduct the sale, auction, leasing, appraisal, or other disposition thereof at
a salary or for a fee, commission, or any other consideration. It also includes
any person who engages in the business of charging an advance fee or contracting
for collection of a fee in connection with any contract whereby he undertakes
primarily to promote the sale of real estate through its listing in a publication
issued primarily for such purpose, or for referral of information concerning such
real estate to brokers, or both.
(2) 'Broker-in-charge' means the broker who is designated as having the
responsibility over the actions of all brokers, salesmen, and property managers
licensed under him and also the responsibility, control, and liability over any
real estate trust or escrow accounts.
(3) 'Salesman' means any person employed or engaged under contract by or on
behalf of a licensed broker to participate in any activity included in subsection
(1) of this section for compensation or otherwise. The term includes activity
provided in subsection (4) of this section.
(4) 'Property manager' means any person who for a fee, commission, or other
valuable consideration, or with the intent or expectation of receiving a fee,
commission, or consideration, negotiates, or attempts to negotiate the rental,
exchange, or leasing of any real estate or of the improvements thereon; or the
listing of exchanges, rentals, or leases; or collects rents or attempts to
collect rents; or who advertises or holds himself out as engaged in any of the
foregoing activities.
The term also includes any person who engages in the business of charging an
advance fee or contracting for collection of a fee in connection with any
contract whereby he undertakes to promote the renting or leasing through its
listing in a publication issued primarily for this purpose, or for referral of
information concerning the rentals or leases.
An employee of the owner of rental property may perform the following duties
without securing a property manager license. Such employee to be exempt from
licensing is restricted as follows:
1. Must be an employee of the owner whose compensation for services shall
be on a salary basis and not on a commission basis.
2. Employee may only exhibit a rental property to prospective tenants,
accept applications for leases and furnish such prospective tenants with
information relative to the rental of such units. The activities must be further
restricted as follows:
(a) No binding contracts may be negotiated, drawn, or signed by the
employee.
(b) The employee may only accept and receipt for rental payments or
deposits that are made payable to the owner.
(c) The employee may not hold himself out as a property manager.
(5) 'Property manager-in-charge' means the property manager who is designated
as having the responsibility over the actions of all property managers licensed
under him and also the responsibility, control, and liability over any real
estate trust or escrow accounts.
(6) 'Person' means individuals, corporations, partnerships, or associations,
foreign and domestic.
(7) 'Real estate' means leaseholds, as well as any other interest in land,
whether corporeal, incorporeal, freehold, or nonfreehold, and whether the real
estate is situate in this State or elsewhere."
Penalties
SECTION 2. Section 40-57-20 of the 1976 Code is amended to read:
"Section 40-57-20. It shall be unlawful for any person to act as a real
estate broker, counsellor, real estate salesman, appraiser, property manager, or
real estate auctioneer, or to advertise or assume to act as such without first
having obtained a license issued by the Real Estate Commissioner. Any person
violating this provision is guilty of a misdemeanor, and upon conviction, must
be punished by a fine of not more than five hundred dollars, or by imprisonment
for a term of not more than six months, or both, in the discretion of the
court."
Provisions not to apply
SECTION 3. Section 40-57-30 of the 1976 Code is amended to read:
"Section 40-57-30. The provisions of this chapter do not apply to any
transaction involving the sale, rental, or leasing of real estate by anyone who
is the owner thereof or who owns any interest therein, if the legal ownership
interest in the real estate being sold, rented, or leased is identical to the
owner's legal interest, or to the attorney at law of the owner acting within the
scope of his duties. Ownership of stock in a corporation is not ownership of an
interest in real estate owned by the corporation and does not exempt the
stockholder from the provisions of this chapter, unless the stockholder owns or
controls at least ten percent of the stock of the corporation."
Applicability
SECTION 4. Section 40-57-40 of the 1976 Code is amended to read:
"Section 40-57-40. The provisions of this chapter are applicable only to
those persons holding themselves out to the public as real estate brokers,
counsellors, appraisers, auctioneers, real estate salesmen and property managers
and shall not apply to agencies and instrumentalities of the state or federal
government nor to employees of any lender or public officials making appraisals
for federal, state, and local units of the government."
Licenses
SECTION 5. Section 40-57-90 of the 1976 Code is amended to read:
"Section 40-57-90. Licenses as real estate broker, counsellor, real
estate salesman, appraiser, auctioneer, or property manager must be granted only
to residents of this State, who submit satisfactory proof to the Commissioner
that they are trustworthy and bear a good reputation for honesty and fair
dealing, and are competent to transact the business of a real estate broker,
counsellor, real estate salesman, appraiser, auctioneer, or property manager in
such manner as to safeguard the interest of the public. Any person applying for
any license or any examination shall first submit to a credit report and satisfy
any requirements as established by regulation. A real estate salesman must be
employed by a real estate broker-in-charge in order to be licensed."
Application
SECTION 6. Section 40-57-100 of the 1976 Code, as last amended by Act 136 of
1981, is further amended to read:
"Section 40-57-100. (1) Any person desiring to act as a real estate
broker, counsellor, salesman, appraiser, property manager, or auctioneer shall
file with the Real Estate Commissioner an application in writing upon such form
and with such detail as the South Carolina Real Estate Commission prescribes, and
each applicant shall first pass to the satisfaction of the Commissioner the
examination prescribed, unless he is exempt therefrom.
(2) Prerequisites for taking an examination for the broker's license are a
minimum of three years of actual experience immediately preceding application as
a licensed real estate salesman in this State or in another state having similar
requirements and successful completion of at least ninety hours of instruction,
including time spent on examinations. The ninety hours include the required
sixty hours of instruction for a real estate salesman's license in the basic
fundamentals of real estate and other related matters, all as specified by the
Real Estate Commission and conducted by:
(a) a university or duly accredited college wherever situated if the credits
were earned within five years prior to license application. For purposes of
computing required hours of classroom instruction, one credit equals ten
classroom hours; or
(b) a bona fide business school situated in this State and approved by the
Commission; or
(c) an institution, organization, or association approved by the Commission;
or
(d) correspondence where the course of instruction is part of an extension
department of an accredited college or university.
(3) In lieu of the above prerequisites for the taking of a broker's license
examination, an applicant may furnish to the Commission evidence of one of the
following:
(a) a baccalaureate degree with a major in real estate from an accredited
college or university, or a Juris Doctor or Bachelor of Laws degree;
(b) proof acceptable to the Commission of at least five years of
equivalent experience preceding license application in business activities
closely related to real estate transactions.
(4) Upon satisfactorily passing the broker's examination, the applicant shall
apply for his broker's license within ninety days from the examination date.
Failure to do so will result in the applicant being required to reapply and be
reexamined for his broker's license.
(5) As a prerequisite to taking the first year real estate sales examination,
every applicant shall furnish evidence satisfactory to the Real Estate Commission
of successful completion of thirty classroom hours of instruction in the
fundamentals of real estate as prescribed by subsection (2). Upon passing the
first year real estate sales examination, a first year real estate sales license
must be immediately issued.
(6) Within one year of passing the first year exam each applicant shall
satisfactorily complete an additional thirty hours of instruction in order to
qualify for the final sales examination. The applicant also shall have held his
first year real estate sales license in an active status for no less than a total
of twelve months prior to taking the final sales examination and his license must
be active at the time of taking the examination. The final sales examination
must be taken not less than twelve nor more than fifteen months following the
first year examination. Failure to meet these requirements will result in the
cancellation of the first year sales license.
(7) In lieu of the classroom hours required for a final sales license, an
applicant may furnish to the Commission one of the following:
(a) satisfactory evidence of at least three years' experience within the
past five years in real estate transactions acceptable to the Commission;
(b) evidence that he has successfully completed at least six credit hours
in real estate or real estate related subjects at an accredited college or
university;
(c) evidence of a Juris Doctor or Bachelor of Laws degree.
(8) As a prerequisite to taking the property manager's examination, every
applicant shall furnish evidence satisfactory to the Real Estate Commission of
successful completion of thirty classroom hours of instruction in the
fundamentals of real estate property management, all as specified by the Real
Estate Commissioner and conducted by:
(a) a university or duly accredited college wherever situated, if the
credits were earned within five years prior to license application. For purposes
of computing required hours of classroom instruction, one credit equals ten
classroom hours; or
(b) a bona fide business school situated in this State and approved by the
Commission; or
(c) an institution, organization, or association approved by the Commission;
or
(d) correspondence where such course of instruction is part of an extension
department of an accredited college or university.
(9) In lieu of the above prerequisites for the taking of a property manager's
license examination, an applicant may furnish to the Commission evidence of one
of the following:
(a) a baccalaureate degree with a major in real estate from an accredited
college or university, or a Juris Doctor or Bachelor of Laws degree;
(b) satisfactory evidence of at least three years' experience within the
past five years in business activities closely related to real estate property
management transactions."
Written examination
SECTION 7. Section 40-57-110 of the 1976 Code, as last amended by Act 136 of
1981, is further amended to read:
"Section 40-57-110. In addition to the proof of honesty, integrity,
truthfulness, and good reputation of an applicant for a license, either real
estate broker, counsellor, salesman, appraiser, property manager, or auctioneer,
the applicant shall submit to a written examination to be prepared and conducted
by the Commissioner or an institution designated by the Commission."
Classifications of licenses
SECTION 8. Section 40-57-120 of the 1976 Code is amended to read:
"Section 40-57-120. The Commissioner shall issue licenses for three
classifications: one for each real estate broker; one for each real estate
salesman; and one for each property manager. The Commissioner shall issue
designated licenses within each classification as necessary and as established
by regulation. No person may be licensed in more than one classification at any
one time."
License and application fees
SECTION 9. Section 40-57-150 of the 1976 Code, as last amended by Act 311 of
1984, is further amended to read:
"Section 40-57-150. The Real Estate Commission is authorized to establish
license and application fees by regulation. None of the license fees provided
for is in lieu of any business license fees or taxes imposed by a municipality.
In addition to the fees authorized by this section, the Commission is authorized
to contract with a state-funded institution of higher learning to conduct
examinations for the Commission and the institution is authorized to charge and
collect examination fees, not to exceed the reasonable cost to conduct
examinations, which must be retained by the institution to defray the cost of
conducting those examinations.
The Real Estate Commission may allocate a sum of up to five dollars from each
real estate broker's, salesman's, and property manager's annual renewal fee to
the South Carolina Real Estate Commission Education and Research Fund to be used:
(1) to carry out the advancement of education and research for the benefit of
those licensed under the provisions of this chapter and for the improvement and
increased efficiency of the real estate industry in this State; (2) to provide
for the analysis and evaluation of factors which affect the real estate industry
in South Carolina; and (3) to provide for the dissemination of the results of the
research.
The funds collected from the fee authorized in the above paragraph must be
deposited in a special fund by the State Treasurer to be used exclusively for the
purposes provided in the above paragraph. Withdrawals from the fund must be made
upon the written request of the South Carolina Real Estate Commission."
Commissioner to issue license
SECTION 10. Section 40-57-160 of the 1976 Code is amended to read:
"Section 40-57-160. It is the duty of the Commissioner to issue a license
to engage in the business of real estate broker, counsellor, salesman, appraiser,
property manager, or auctioneer to all applicants who are duly qualified under,
and who comply with, all requirements of this chapter and all regulations of the
Commissioner. The license must be in such form and size as the Commissioner
prescribes and must not be transferable. The licenses expire on June thirtieth
of each year."
Commissioner may investigate
SECTION 11. Section 40-57-170 of the 1976 Code, as last amended by Act 94 of
1983, is further amended to read:
"Section 40-57-170. (A) The Commissioner may upon his own motion or a
verified complaint together with evidence, documentary or otherwise, presented
in connection therewith, making out a prima facie case, investigate the actions
of any real estate broker, counsellor, salesman, appraiser, auctioneer, property
manager, or any person who has unlawfully assumed to act in either such capacity
within this State, and has the power to suspend, revoke, and cancel any license
issued under the provisions of this chapter and assess fines at any time where
the licensee has by material misrepresentation obtained a license, or where the
licensee is found by the Commissioner to be guilty of any of the following acts:
(1) Making any substantial misrepresentation.
(2) Making any false promises of a character likely to influence, persuade,
or induce.
(3) Pursuing a continued and flagrant course of misrepresentation, or making
false promises through agents or salesmen or any medium of advertising, or
otherwise.
(4) Any conduct in a real estate transaction which demonstrates bad faith,
dishonesty, untrustworthiness, or incompetency in a manner as to endanger the
interest of the public.
(5) Acting for more than one party in a transaction without the knowledge
of all parties for whom he acts.
(6) Acting in the dual capacity of broker and undisclosed principal in any
transaction.
(7) Representing or attempting to represent, if a salesman, a real estate
broker other than his employer without the express knowledge and consent of his
employer.
(8) Guaranteeing or authorizing or permitting any person to guarantee future
profits which may result from the resale of real property.
(9) Making of dual sets of contracts, written or otherwise, which would
falsify the transaction by stating a sales price higher than the actual sales
price in an effort to obtain a larger loan from any lender or lending institution
or for the purpose of misinforming any governmental agency.
(10) Being convicted in any court of competent jurisdiction of this State,
any other state, or any federal court of forgery, embezzlement, breach of trust,
larceny, obtaining money or property under false pretense, extortion, fraud,
conspiracy to defraud, or any other offense involving moral turpitude, or
pleading guilty or nolo contendere to any such offense.
(11) Failing, within a reasonable time, to account for or to remit any
monies coming into his possession which belong to others.
(12) Paying a commission or compensation to any person for performing the
services of a real estate broker, salesman, or property manager who has not first
secured his license under the South Carolina Real Estate Licensing Act. A South
Carolina licensed broker may pay a part of his commission on a cooperative basis
to a licensed broker of another state if the nonresident broker does not conduct
in this State any of the negotiations for which a fee, compensation, or
commission is paid.
(13) Failing, if a broker, to place, as soon after receipt as is practicably
possible, any deposit money or other money received by him in a real estate
transaction in a separate real estate trust or escrow account maintained by him
in a banking institution authorized to do business in this State, wherein the
funds must be kept until the transaction is consummated or otherwise terminated,
at which time a full accounting thereof must be made by the broker. Records
relative to the deposit, maintenance, and withdrawal of the funds must be
properly maintained and made available to a representative of the South Carolina
Real Estate Commission upon request.
(14) Violating any provision of law relating to a buyer's freedom of choice
in choosing an attorney, insurance agent, or title insurance agent to handle his
real estate transaction.
(15) Failing, if a broker or property manager, to deposit all security
deposits, damage deposits, advance fees, and rental proceeds received by the
broker or property manager on or before the next banking day in a separate escrow
or real estate trust account so designated. All such funds except rental
proceeds shall remain until the lease or rental transaction expires or is
terminated, at which time a full accounting must be made by the broker or
property manager. Rental proceeds must be disbursed within a reasonable time
after deposit and clearance of the deposit by the bank. Records relative to the
receipt, deposit, maintenance, and withdrawal of the funds must be properly
maintained and made available to a representative of the South Carolina Real
Estate Commission upon request.
(16) Failing, if a licensee, to report to the Commission in writing by
certified mail, return receipt requested, within ten days after receipt by the
licensee of those convictions set forth in item (10) of Section 40-57-170(A).
A real estate licensee shall disclose on a form approved by the Commission for
which party he is acting and shall not receive compensation from more than one
party except with the full knowledge and consent of all parties.
(17) Violating any regulation promulgated by the Commission.
(B) (1) The Commissioner may make any public or private investigation which
he considers necessary to determine whether any person has violated this chapter
or any order or regulation hereunder, or to aid in the enforcement of this
chapter or in the prescribing of regulations and forms thereunder.
(2) The Commissioner may require or permit any person to file a statement
in writing, under oath or otherwise as the Commissioner determines, as to all
facts and circumstances concerning the matter to be investigated.
(3) For the purpose of any investigation or proceeding under this chapter,
the Commissioner or any officer designated by regulation may administer oaths or
affirmations, and upon his own motion or upon request of any party shall subpoena
witnesses, compel their attendance, take evidence, and require the production of
any matter which is relevant to the investigation, including the existence,
description, nature, custody, condition, and location of any books, documents,
or other tangible things and the identity and location of persons having
knowledge of relevant facts or any other matter reasonably calculated to lead to
the discovery of material evidence.
(4) Upon failure to obey a subpoena or to answer questions propounded by the
investigating officer and upon reasonable notice to all persons affected thereby,
the Commissioner, through the Attorney General, may apply to the circuit court
for an order compelling compliance.
(C) The Commissioner may:
(1) Issue an order requiring a person to cease and desist from any unlawful
practice and to take such affirmative action as in the judgment of the
Commissioner will carry out the purposes of this chapter if, after notice and
hearing, the Commissioner determines that a person has:
(a) Violated any provisions of this chapter.
(b) Directly or through any agent or employees knowingly engaged in any
false, deceptive, or misleading practices in the sale or rental of real estate,
including advertising and promotions.
(c) Violated any lawful order or rule of the Commission.
(2) Make findings of fact in writing that the public interest will be
irreparably harmed by delay in issuing an order and in such case may issue a
temporary cease and desist order. Prior to issuing the temporary cease and
desist order, the Commissioner, whenever possible by telephone or otherwise,
shall give notice of the proposal to issue a cease and desist order to the
person. Every temporary cease and desist order shall include in its terms a
provision that upon request a hearing will be held promptly to determine whether
or not it becomes permanent."
Commissioner to notify applicant
SECTION 12. Section 40-57-180 of the 1976 Code, as last amended by Act 94 of
1983, is further amended to read:
"Section 40-57-180. Before refusing, suspending, or revoking any
license and before issuing any public or private reprimand or assessing any
fines, the Commissioner shall notify the applicant or licensee of the charges
against him and must grant him an opportunity to be heard. The hearing must be
held not less than thirty days nor more than ninety days after the applicant or
licensee is notified of the charges against him. If charges are brought against
a salesman, his broker must also be notified of the charges. Hearing of the
charges must be at the time and place designated by the Commissioner and must be
conducted in accordance with the State Administrative Procedures Act."
Failure to renew
SECTION 13. Section 40-57-240 of the 1976 Code is amended to read:
"Section 40-57-240. Any real estate broker, counsellor, salesman,
auctioneer, appraiser, or property manager who fails to renew or register his
license annually and continues to engage in such business is guilty of a
misdemeanor and upon conviction must be punished by a fine of not more than five
hundred dollars or imprisonment of not more than six months, or by such fine and
imprisonment, in the discretion of the court."
Hearing
SECTION 14. The 1976 Code is amended by adding:
"Section 40-57-250. After a hearing as provided for in Section 40-57-170,
or after entering a plea of guilty in lieu of hearing, a licensee adjudged to be
in violation of the provisions of Section 40-57-170 of this chapter, or of any
regulation or order promulgated under the authority of this chapter, may be
required by the Commission to pay a penalty of not less than twenty-five dollars
nor more than five hundred dollars to be assessed and collected by the Commission
in addition to such sanctions as set forth in Section 40-57-170. Any party
penalized under this subsection has the right of review as provided for in
Section 40-57-220."
Time effective
SECTION 15. This act shall take effect upon approval by the Governor. |