Current Status Introducing Body:House Bill Number:3131 Primary Sponsor:Clyborne Committee Number:26 Type of Legislation:GB Subject:Real Estate Appraiser Licensing Act Residing Body:House Current Committee:Labor, Commerce and Industry Date Tabled:Feb 12, 1991 Computer Document Number:3131 Introduced Date:Jan 08, 1991 Last History Body:House Last History Date:Feb 12, 1991 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Clyborne Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3131 House Feb 12, 1991 Tabled in Committee 26
3131 House Jan 08, 1991 Introduced and read first 26
time, referred to Committee
3131 House Dec 27, 1990 Prefiled, referred to 26
Committee
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TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-60-10. This chapter may be cited as the `Real Estate Appraiser Licensing and Certification Act'.
Section 40-60-20. 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' or `real estate appraisal' means an analysis, opinion, or conclusion as to the value of identified real estate or specified interests in real estate, including a feasibility study, marketability study, or other study or analysis that involves the rendering of an analysis, opinion, or conclusion of value performed for a fee or other consideration, including valuation or evaluation performed for a person who advises, consults, or prepares.
(3) `Appraisal report' means a communication, written or oral, of an appraisal. The testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is considered to be an oral appraisal report.
(4) `Appraisal subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended.
(5) `Appraiser' means a person who is a licensed real estate appraiser or a state certified real estate appraiser.
(6) `Board' means the South Carolina Real Estate Appraisers Board established pursuant to the provisions of this chapter.
(7) `Commission' means the South Carolina Real Estate Commission.
(8) `Commissioner' means the South Carolina Real Estate Commissioner.
(9) `Evaluation assignment' means an engagement for which an appraiser is employed or retained to given an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property.
(10) `Federally-related transaction' means a real estate related financial transaction which:
(a) a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and
(b) requires the services of an appraiser.
(11) `Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property.
(12) `Person' means an individual, corporation, partnership, or foreign or domestic association.
(13) `Real estate' means an identified parcel of land, including improvements, if any.
(14) `Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report.
(15) `Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate.
(16) `Specialized services' means services, other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling.
(17) `State' includes a state, district, territory, possession, or province of the United States or Canada.
(18) `State certified real estate appraiser' means a person who holds a valid certificate as a real estate appraiser issued under the provisions of this chapter.
(19) `State licensed real estate appraiser' means a person who holds a valid license as a real estate appraiser issued under the provisions of this chapter.
(20) `Valuation' means an estimate of the value of real estate or real property.
(21) `Valuation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time.
Section 40-60-30. Except as provided in Section 40-60-40, it is unlawful for a person to engage in real estate appraisal activity in this State after July 1, 1991, without first obtaining a license or certificate as provided in this chapter.
Section 40-60-40. The provisions of this chapter do not apply to:
(1) a real estate appraiser who is a salaried employee of:
(a) the federal government; or
(b) an agency of the state government or political subdivision which appraises real estate;
(2) a real estate licensee licensed in accordance with Chapter 57 of this title who, in the ordinary course of his business, gives an opinion as to the price of real estate for the purpose of a prospective listing, lease, or sale, except that the opinion as to the listing price, lease price, or the sale price may not be referred to as an appraisal. No compensation, fee, or other consideration may be charged for the opinion other than a real estate commission or brokerage fee charged or paid for brokerage services rendered in connection with the sale or lease of the real estate involved:
(3) a person who provides assistance in:
(a) obtaining the data upon which an appraisal is based; or
(b) the physical preparation of an appraisal report, such as taking photographs, preparing charts, maps, or graphs, or typing or printing the report; and
(c) an activity that does not directly involve the exercise of judgment in arriving at the analyses, opinions, or conclusions concerning real estate or real property set forth in the appraisal report.
Section 40-60-50. (A) There is created the South Carolina Real Estate Appraisers Board which consists of five members. All members must be residents of this State. One member must be a public member who may not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. Four members must be real estate appraisers who have been engaged actively in the real estate appraisal business for at least five years.
(B) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. The appointments made when the Senate is not in session are effective until acted upon by the Senate.
(C) Each real estate appraiser member of the board appointed after January 1, 1992, must be a state certified real estate appraiser or a state licensed real estate appraiser. At least two of the appraiser members appointed after January 1, 1992, must be state certified real estate appraisers.
(D) Each member of the board serves a three-year term and until his successor is appointed and qualifies. In the event of a vacancy, the Governor shall appoint a person to fill the vacancy and the person so appointed shall serve for the remainder of the unexpired term.
(E) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person may serve as a member of the board for more than two consecutive terms. The Governor, after giving notice and opportunity for a hearing, may remove from office a member of the board for:
(1) inability to perform or neglecting to perform the duties required of members;
(2) incompetence; or
(3) dishonest conduct.
(F) The members of the board shall elect a chairperson annually from among the members to preside at board meetings.
(G) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairperson considers it necessary to give full consideration to the business before the board. A quorum of the board is three members. Members of the board or support staff, in a spirit of cooperation, may confer with similar boards of other states, attend interstate meetings, and generally do the acts and things advisable in the advancement of the profession and the standards of real estate appraisal activity.
(H) Members of the board are entitled to per diem, subsistence, and mileage as provided by law for boards, committees, and commissions.
(I) The board shall establish policy and adopt regulations consistent with this chapter. Through its regulations, the board has the full power to regulate the issuance of licenses, certifications, to discipline appraisers in a manner permitted by this chapter, to establish further qualification for licenses and certification consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals.
(J) The board may prepare specifications for all licensing and certification examinations, solicit bids, and enter into contracts with one or more educational testing services or organizations for the preparation of a bank of questions and answers for licensing and certification examinations, and administer or contract for the administration of examinations in places and at times considered appropriate.
(K) The commission shall supply staff support for the board. The commissioner shall serve as chief executive officer of the board and shall establish appropriate procedures for administering this chapter and shall prescribe the duties for his assistants necessary in the administration and enforcement of this chapter.
(L) The board shall pay its share of the expense of the maintenance and operation of the office of the commission and the utilization of the commission staff in the administration and enforcement of this chapter.
Section 40-60-60. (A) A person desiring to act as a state licensed or state certified real estate appraiser must file an application for examination, licensure, or certification with the board. The application must be in form and detail as the board prescribes.
(B) Each application for examination, licensure, or certification as a real estate appraiser, or for the renewal of a license or certification, must be accompanied by the appropriate fee which must be prescribed by the board by regulation.
(C) No fee or portion of a fee required pursuant to this chapter may be refunded.
(D) The board may collect and transmit to the appropriate federal authority information and fees established under Public Law 101-73, Title XI, Real Estate Appraisal Reform Amendment. The board may collect a processing fee necessary to carry out its function under this subsection.
(E) The commissioner shall issue a license or certificate to engage in the practice of real estate appraising to all applicants who are qualified under, and who comply with, all the requirements of this chapter and all regulations adopted by the board. The license or certificate remains the property of the State and, upon suspension or revocation of the license or certificate, must be returned immediately to the commissioner together with any related pocket card. Licenses and certificates expire on June thirtieth of each year.
(F) A state licensed real estate appraiser or a state certified real estate appraiser who fails or refuses, after written notice from the board to apply for renewal and pay the fee and all penalties imposed, is practicing without a license or certificate and is subject to the penalties provided in this chapter and any civil or criminal penalties.
(G) A state licensed real estate appraiser or a state certified real estate appraiser under this chapter who fails to apply for the renewal of his license or certificate and pay the required fee on or before the date of its expiration shall pay a late penalty established by regulation in addition to the renewal fee.
(H) The board, through its regulations, may establish other reasonable fees to aid in the enforcement and administration of this chapter.
(I) Except as provided for in subsection (D), all fees collected pursuant to the provisions of this chapter must be deposited by the board in the general fund through the State Treasurer's Office.
Section 40-60-70. (A)(1) To qualify as a state licensed real estate appraiser, an applicant must:
(a) have attained the age of eighteen years;
(b) be a resident of the State of South Carolina, unless that person has complied fully with the provisions of Section 40-60-100;
(c) furnish evidence that he has a college degree or has completed successfully not less than seventy-five in-class hours in a course of study related to real estate appraisal approved by the board which must include coverage of standards of professional appraisal practice;
(d) after meeting the requirements of subitem (c) of this item, stand for and pass an examination administered by or approved by the board covering generally the matters confronting state licensed real estate appraisers.
(2) Failure to meet any of the requirements provided in item (1) of this subsection is grounds for denial of a license without a hearing.
(B) (1) To qualify as a state certified real estate appraiser, an applicant must:
(a) have attained the age of eighteen years;
(b) be a resident of the State of South Carolina, unless that person has complied fully with the provisions of Section 40-60-100;
(c) furnish evidence that he has a college degree or has completed successfully not less than one hundred sixty-five in-class hours in a course of study related to real estate appraisal approved by the board which must include coverage of standards of professional appraisal practice;
(d) demonstrate to the satisfaction of the board at least two years of full-time experience in real estate appraisal activity acquired within a period of five years immediately preceding the filing of the application for certification;
(e) after meeting the requirements of subitems (c) and (d) of this item, stand for and pass an examination administered by or approved by the board covering generally the matters confronting state certified real estate appraisers.
(2) Failure to meet any of the requirements provided in item (1) of this subsection is grounds for denial of a license without a hearing.
(C) The board is authorized to waive or to modify any experience, examination, or education requirement established in this chapter for appraisers in order to bring those requirements into conformity with any requirements established by the Appraisal Subcommittee.
(D) An applicant who does not become licensed or certified within ninety days after passing the examination must retake the examination to qualify for the license or certification.
Section 40-60-80. (A) As a prerequisite to renewal of a license or certification, an appraiser must present evidence satisfactory to the board of having met continuing education requirements established by this chapter or regulation.
(B) The basic continuing education requirement for renewal of a certificate is completion by the applicant of ten in-class hours of instruction in courses or seminars which have been approved by the board for each year of the renewal period.
(C) In lieu of meeting the requirements of subsection (B) of this section, an applicant may satisfy all or part of the requirements of this section by presenting evidence of:
(1) completion of courses of study or seminars determined by the board to be equivalent, for continuing education purposes, to courses or seminars approved by the board pursuant to subsection (B) of this section;
(2) participation, other than as a student, in educational processes and programs in real property appraisal theory, practices, or techniques, including, but not limited to, teaching or program development, all to be approved by the board.
(D) A license or certificate of an appraiser that has been suspended may not be reissued to the certificate holder until the applicant for reissuance presents evidence of completion of the continuing education required by this section.
(E) No appraiser whose license or certification has been placed on inactive status is allowed to reactivate a license or certification unless the provisions of this section are met in addition to any other requirements of this chapter.
Section 40-60-90. (A) The board, through its regulations and guidelines shall establish standards relative to the establishment and conducting of all education courses required by this chapter and the review, approval, or regulation of schools, organizations, associations, institutions, or instructors offering the courses, including, but not limited to, sponsorship by accredited colleges, universities, and private business entities and organizations; establishment, approval, and review of curriculum; instructors; hours of attendance; classroom facilities; enrollment and cancellation policies; texts; examinations; certificates of completion; and other operating procedures.
(B) The board, through its regulations, shall establish reasonable fees relative to the review, approval, or regulation of schools, organizations, associations, institutions, or instructors offering the education courses required by this chapter.
(C) In making its determinations with respect to the courses of study required by this chapter, the board shall give weight to courses which teach one or more of the following:
(1) appropriate knowledge of technical terms commonly used in or related to real estate appraising, appraisal report writing, and economic concepts applicable to real estate and real property;
(2) an understanding of the basic principles of land economics, real estate appraisal process, and of problems likely to be encountered in gathering, interpreting, and processing of data required in the real estate appraisal process;
(3) an understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;
(4) an understanding of the ethical rules that an appraiser is required to observe;
(5) appropriate knowledge of theories of depreciation, cost estimating, methods of capitalization, and the mathematics of real estate appraisal;
(6) an understanding of basic real estate law;
(7) an understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and
(8) an understanding of other matters as may confront appraisers in real estate appraisal activity.
(D) Failure to complete any of the educational requirements as provided in this chapter is grounds for denial of a license or certification or denial of renewal of a license or certification without further hearing. No fees or portion of fees paid may be refunded if an appraiser fails to meet the continuing education provisions of this chapter.
(E) The board may require additional hours of educational courses for applicants for licensure or certification or of continuing education for state licensed real estate appraisers or state certified real estate appraisers, if the appraisal subcommittee adopts higher minimum hours for the licensed or certified appraisers.
Section 40-60-100. (A) Every applicant for licensure or certification under this chapter who is not a resident of South Carolina shall submit, with the application for licensure or certification, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the commissioner, if, in an action against the applicant in a court of South Carolina arising out of the applicant's activities as an appraiser, the plaintiff, in the exercise of due diligence, may not effect personal service upon the applicant.
(B) A nonresident of South Carolina who has complied with the provisions of subsection (A) of this section may obtain a license or certification by conforming to all of the provisions of this chapter relating to the license or certification sought.
(C) A person who is licensed or state certified to practice real estate appraising in other states shall submit a certificate of licensure or certification from the real estate appraiser regulatory authority of the other jurisdictions at the time of filing an application for examination and copies of the records of any disciplinary actions taken against the applicant's license or certification. In the application for examination, all questions of equivalency of academic and experience requirements of other states must be determined by the commissioner and, at the discretion of the commissioner, the nonresident applicant shall comply with additional requirements specified by the commissioner.
(D) The commissioner, with concurrence of the board, may enter into reciprocal agreements with real estate appraiser regulatory authorities of other jurisdictions which provide for waivers of education requirements or examinations if the board considers the education and examination requirements of another jurisdiction to be substantially equivalent to the requirements of this chapter and its regulations.
Section 40-60-110. The board shall recognize on a temporary basis the certification or license of an appraiser who is licensed or certified to practice real estate appraising in another state if:
(1) the property to be appraised in this State is part of a federally related transaction as defined under Public Law 101-73, Title XI, Real Estate Appraisal Reform Amendment; and
(2) the appraiser's business is of a temporary nature; and
(3) the appraiser registers with the board before advertising or assuming to act as a state certified or state licensed real estate appraiser in this State and pays any required fees.
Section 40-60-120. (A) The board shall prescribe the form of a wall certificate to denote that an individual is a state licensed real estate appraiser or a state certified real estate appraiser. The board shall mail the wall certificate to the appraiser who shall display the wall certificate conspicuously in the appraiser's place of business. The board shall prepare and deliver a pocket card indicating that the person whose name appears on it is a state licensed real estate appraiser or a state certified real estate appraiser.
(B) A license or certification issued under authority of this chapter shall bear a number assigned by the board. When signing an appraisal report, a state licensed real estate appraiser shall place his license number adjacent to or immediately below his title of `State Licensed Real Estate Appraiser'. When signing an appraisal report, a state certified real estate appraiser shall place his certificate number adjacent to or immediately below the title of `State Certified Real Estate Appraiser'. The license or certificate number must be used in all statements of qualification, contracts, or other instruments used by the appraiser when reference is made to his licensed or certified status.
(C) Wall certificates and pocket cards shall remain the property of the State and, upon suspension or revocation of a license or certification pursuant to this chapter, the individual holding the related wall certificate or pocket card immediately shall return the wall certificate or pocket card to the commissioner.
Section 40-60-130. (A) State licensure or state certification is granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in a manner which safeguards the interest of the public and only after satisfactory proof of the qualifications has been presented to the board.
(B) Where an applicant for a license or certification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or has been convicted of a felony or a crime involving moral turpitude or pled nolo contendere to any such offense, the untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of granting a license or certification. As used in this chapter, `felony' includes any offense which, if committed in this State, would be considered a felony, without regard to its designation elsewhere; and `conviction' includes a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. An applicant for a license or a certification who has been convicted of an offense enumerated in this subsection may be licensed or certified by the board only if:
(1) at least five years have passed since the applicant was convicted, sentenced, or released from incarceration, whichever is later;
(2) no criminal charges are pending against the applicant; and
(3) the applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.
(C) If an applicant has been denied a license or certification, or his license or certification to practice or conduct a regulated profession, business, or vocation has been suspended by an occupational licensing body of this State, any other state, a foreign country, or a court or lawful agency of the court, or if the applicant has been guilty of conduct or practices in this State or elsewhere which would have been grounds for suspending his license or state certification under this chapter had the applicant then been state licensed or state certified, the applicant is considered not to be qualified unless, because of lapse of time and subsequent good conduct and reputation, or other reason considered sufficient, it appears to the board that the interest of the public is not likely to be endangered by the granting of licensure or certification.
(D) If an applicant has been disbarred or his license or certification to practice or conduct a regulated profession, business, or vocation has been revoked by an occupational licensing body of this State, any other state, a foreign country, or a court or lawful agency of a court, the applicant may be licensed or certified by the board only if:
(1) at least two years have passed since the date that the applicant's occupational license or certification was revoked;
(2) no criminal charges are pending against the applicant at the time of application; and
(3) the applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in a manner which safeguards the interests of the public.
(E) Where an applicant or an appraiser has been found guilty of a violation of the Federal Fair Housing Law or the South Carolina Fair Housing Law by an administrative law judge or a court of competent jurisdiction and after an appeal of the conviction is concluded, the conviction may be a sufficient ground for refusal of granting a license or certification or the imposition of a sanction permitted by this chapter.
(F) Whenever an appraiser is convicted or pleads nolo contendere to an offense enumerated in subsection (B) of this section, the appraiser shall notify the board immediately of that conviction. The appraiser's license or certification automatically is revoked ninety days after the conviction or plea unless the appraiser makes a written request to the board for a hearing during that ninety-day period. Following a hearing held pursuant to this subsection, the board may impose upon that appraiser any sanction permitted by this chapter.
(G) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting a falsified application to the board, the action may be a sufficient ground for the refusal, suspension, or revocation of the license or certification.
(H) Suspension or revocation of a license or certification, as provided for by this chapter, is grounds for refusal to grant a license or certification.
(I) The conduct provided for in subsections (A) through (E) of this section which relates to the denial of a license or a certification to an applicant is grounds for the imposition of a sanction permitted by this chapter when the conduct is that of an appraiser.
Section 40-60-140. (A) The board, upon its own motion, upon the written complaint of an aggrieved person, shall investigate the activities of an applicant or a person licensed or certified under this chapter and may deny, suspend, revoke, or otherwise restrict a license or certificate or impose either a public or private reprimand, other discipline, or a fine not to exceed one thousand dollars if the board finds an applicant, state licensed real estate appraiser, or state certified real estate appraiser has:
(1) failed to meet the minimum qualifications for licensure or certification established by or pursuant to the provisions of this chapter;
(2) procured or attempted to procure a license or certificate under the act by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the board or procured or attempted to procure a license or certificate through fraud or misrepresentation;
(3) paid money to a person to procure a license or certificate other than the fees established pursuant to the provisions of this chapter;
(4) performed an act in the practice of real estate appraising which constitutes dishonest, fraudulent, or improper conduct;
(5) engaged in the business of real estate appraising under an assumed or fictitious name;
(6) paid a finder's fee or a referral fee in connection with an appraisal of real estate or real property in this State;
(7) made a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
(8) violated the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency;
(9) violated any of the standards for the development or communication of real estate appraisals as promulgated by the board;
(10) failed or refused without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(11) exhibited negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(12) accepted an independent appraisal assignment when the employment itself or fee to be paid was contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, opinion, or conclusion, or upon the award, recovery, or consequence resulting from the appraisal assignment;
(13) failed to retain for five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and commences upon the date of the delivery of each appraisal report to the client unless, within the five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records commences upon the date of the final disposition of the litigation;
(14) failed upon reasonable request of an authorized investigator of the board to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board or failed to appear upon reasonable request for an interview with an authorized investigator of the board;
(15) demonstrated bad faith, dishonesty, untrustworthiness, or incompetency to act as an appraiser in a manner which endangers the interests of the public;
(16) performed or attempted to perform a real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity;
(17) paid a fee or valuable consideration to a person for acts or services performed in violation of this chapter;
(18) been convicted of a felony or a crime involving moral turpitude, or pled guilty or nolo contendere to any such offense;
(19) violated a provision of this chapter or a regulation promulgated under this chapter;
(B) When an appraiser previously has been sanctioned by the board or by any other state's real estate appraiser regulatory authority, the board may consider the prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated a provision of this chapter or a regulation of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individual's license or certification after opportunity for a hearing.
(C) In a disciplinary proceeding based upon a civil judgment, an appraiser must be afforded an opportunity to present matters in mitigation and extenuation but may not attack the civil judgment collaterally.
Section 40-60-150. An appraiser who has had a license or certification revoked by the board may not be issued a new license or certification within two years from and after the date of the revocation, nor at any time after the revocation except upon an affirmative vote of at least a majority of the members of the board.
(B) A license or certificate of an appraiser that has been revoked may not be reissued until the applicant for reinstatement presents evidence of completion of the continuing education required by this chapter.
(C) A license or certificate of an appraiser that has been revoked may not be reissued until the applicant for reinstatement successfully completes the examination for licensure or certification.
Section 40-60-160. (A) Whenever a complaint filed with the board involves an appraisal report which varies from a sales, lease, or exchange price the board in its discretion may decline to conduct an investigation.
(B) A person authorized to conduct an investigation on behalf of the board shall have access to and may examine any writings, documents, or other material which may be related to an investigation.
(C) In the conduct of an investigation or proceeding under this chapter, the chairperson of the board, the commissioner, or an authorized assistant or deputy appointed by the commissioner, may issue subpoenas to compel production of the writings, documents, or material on behalf of the board. After the service of a notice of hearing, the chairperson of the board, commissioner, or an authorized assistant or deputy appointed by the commissioner may issue subpoenas to compel production of the writings, documents, or material, either on behalf of the board or at the request of a respondent. The board or the respondent may apply to the circuit court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with an order is punishable as for contempt of court.
(D) If technical assistance is required in an investigation due to its complexity, the commissioner may contract on behalf of the board for consultant services provided:
(1) No member of the board or commission obtains financial gain for himself through consultant services.
(2) No person, with whom a member of the board or commission, or a member of his household, is employed, or negotiating or has an arrangement concerning prospective employment, provides consultant services.
(E) The results of all investigations must be reported only to the board or to the commissioner and the records of the investigations are not subject to subpoena in civil actions. Records of investigations must be kept by the board and no part of an investigative record may be released for a purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency, or lawful licensing authority upon issuance of a subpoena from the agency or authority or at the discretion of the board or the commissioner, review by the respondent after the service of a notice of hearing, or an appeal of a decision by the board to a court of competent jurisdiction. After service of a notice of hearing, a respondent has a right to obtain a copy of the investigative record pertaining to the respondent.
(F) Whenever the board issues a disciplinary sanction pursuant to the provisions of this chapter, the board shall publish the sanction in its official newsletter, unless the sanction is a private reprimand.
(G) The commissioner shall maintain in his main office a public docket or record, in which he shall record, from time to time as made, the rulings or decisions upon all complaints filed with the board and all investigations instituted by the board, upon or in connection with which a hearing has been held, or in which a state licensed real estate appraiser or state certified real estate appraiser has made no defense, unless the board issues a private reprimand in the instance.
Section 40-60-170. (A) Before the board imposes on an appraiser a sanction permitted by this chapter or denies issuance of a license or certification to an applicant, it shall provide for a hearing for the appraiser in accordance with Article 3, Chapter 23 of Title 1, the South Carolina Administrative Procedures Act.
(B) The date of the hearing may not be less than thirty nor more than one hundred twenty days from the date after the appraiser or applicant is notified of the charges against him.
(C) If an appraiser or applicant fails to appear at a hearing after reasonable notice, the board may proceed to hear the evidence against the appraiser or applicant and take action as if the appraiser or applicant had been present. A notice of hearing or final decision of the board in a disciplinary proceeding must be served upon the appraiser or applicant by personal service or by certified mail, return receipt requested, to the last known address of record with the board. If the material is returned marked `unclaimed' or `refused' or is undeliverable and if the appraiser or applicant may not be located after diligent effort, the commissioner is considered to be the agent for the appraiser or applicant for the purposes of this section, and service upon the commissioner is considered service upon the appraiser or applicant.
(D) A decision by the board to revoke or suspend a license or certification or to restrict, limit, or otherwise discipline a licensee or certificate holder must be by majority vote of the total membership of the board. A disciplinary action is subject to review by the circuit court upon petition filed by the licensee or certificate holder within thirty days from the date of delivery of the board's decision to the licensee or certificate holder. A copy of the petition must be served upon the commissioner.
(E) A person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision of the board is entitled to judicial review in accordance with Article 3, Chapter 23 of Title 1, the South Carolina Administrative Procedures Act. The review is limited to the record established by the board hearing.
(F) No stay or supersedeas may be granted for more than six months pending appeal from a decision by the board to revoke, suspend, or otherwise restrict a license.
Section 40-60-180. The board may exclude all persons during board or staff:
(1) deliberations on disciplinary proceedings;
(2) meetings with an appraiser or an applicant or the legal counsel of that appraiser or applicant in which the appraiser or applicant seeks to settle a matter before the board in lieu of a hearing;
(3) review of the results of investigations initiated under this chapter.
Section 40-60-190. (A) No person other than a state licensed real estate appraiser or a state certified real estate appraiser may assume or use the title or a title, designation, or abbreviation likely to create the impression of state licensure or state certification as a real estate appraiser.
(B) `State licensed real estate appraiser' and `state certified real estate appraiser' may be used only to refer to individuals who hold the license or certification and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group or in a manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the license or certification.
(C) No license or certification may be issued under the provisions of this chapter to a corporation, partnership, firm, or group.
Section 40-60-200. (A) A person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs a single act of real estate appraisal activity as defined in Section 40-60-20, whether as a part of an appraisal or as an appraisal, is considered an appraiser within the meaning of this chapter. The commission of a single such act by a person who is required to have a license or certification under this chapter but who is not so licensed or certified constitutes a violation of this chapter.
(B) It is unlawful for a person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself out as engaging in or conducting the business of, or act in the capacity of, an appraiser within this State without first obtaining a license or certification as provided in this chapter.
(C) A person acting as an appraiser within the meaning of this chapter without a license or certification 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 both, in the discretion of the court.
Section 40-60-210. (A) The board may issue a cease and desist order prohibiting a person from violating the provisions of this chapter by engaging in the practice of an appraiser without a license or certification. The cease and desist order is final ten days after it is issued unless the person to whom the order is issued requests a hearing before the board.
(B) The violation of a cease and desist order of the board issued under subsection (A) of this section subjects the person violating the order to further proceedings before the board, and the board may impose a fine not exceeding one thousand dollars for each transaction constituting a violation of the order. Each day's violation constitutes a separate violation.
(C) Initial judicial review of the decision of the board entered pursuant to this section is available solely in the circuit court of the county of domicile of the board.
(D) Nothing in this section may be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this section.
Section 40-60-220. For the purposes of Chapter 20, Title 1, the South Carolina Real Estate Appraisers Board is subject to review in conjunction with the South Carolina Real Estate Commission and the programs, functions, and regulations of the board must be terminated as provided in Chapter 20, Title 1, on June 30, 1995, unless reauthorized by law."
SECTION 2. Of the members first appointed to the South Carolina Real Estate Appraisers Board, two shall serve for three years, two shall serve for two years, and one shall serve for one year, and until their successors are appointed and qualify.
SECTION 3. This act takes effect eighteen months after approval by the Governor.