§ 40-57-340 — Conditions for license renewal; background checks.

South Carolina § 40-57-340

• Jurisdiction: South Carolina
• Title 40: PROFESSIONS AND OCCUPATIONS
• Ch. 57: REAL ESTATE BROKERS, BROKERS-IN-CHARGE, ASSOCIATES, AND PROPERTY MANAGERS

Text

(A) As a condition of active license renewal: (1) A broker or associate shall submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115 and shall provide proof of satisfactory completion biennially of ten hours of continuing education in courses. The ten hours must include a minimum of four hours of instruction in mandated topics. (2) A broker-in-charge shall submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115 and shall provide proof of satisfactory completion biennially of ten hours of continuing education in courses approved by the commission. The ten hours must include a minimum of four hours of instruction in mandated topics for a broker or associate license and four hours of continuing education must be in advanced real estate topics designed for brokers-in-charge. (3) A license must be renewed biennially coinciding with the licensees' continuing education deadline. Approximately one-half of the licensees must renew in even-numbered years and the remainder in odd-numbered years. (B)(1) Exempt from the biennial continuing education required by subsection (A) are: (a) an associate who successfully completes a post-licensing course or takes a broker course is exempt for the renewal period during which the course was taken; (b) a licensee while on inactive status; (c) a broker or associate with twenty-five years or more of licensure in South Carolina who is sixty-five years of age or more may apply for an age and experience-based full continuing education waiver, and upon granting of the waiver, is exempt from the continuing education requirements of this chapter; (d) a broker or associate with a minimum of twenty-five years of licensure in South Carolina who may apply to be granted an experience-based partial continuing education waiver, and upon granting of the waiver, is required to complete only a mandatory four-hour core course biennially to maintain active licensure; or (e) a nonresident broker or a nonresident associate who has successfully satisfied the continuing education requirements of their jurisdiction of residence may be exempt with approval of the commission. (2) A broker-in-charge who has been granted a partial continuing education waiver is required to take a four-hour core course and the mandated four-hour broker-in-charge course biennially. (3) A licensee who previously has been granted a full continuing education waiver by the commission is exempt from the continuing education requirements of this chapter. (C) A broker or associate who takes more than the required number of hours during a two-year period may carry forward up to four hours of elective courses to another renewal period. (D) A broker or associate who fails to submit to criminal background check requirements of this section or complete the continuing education requirements of this section by the date of license renewal may renew by submitting applicable fees but immediately must be placed on inactive status. The license may be reactivated upon proof of completion of required continuing education and payment of applicable fees or submission to a criminal background check and payment of applicable fees, whichever remedies the deficiency that caused the licensee to be placed on inactive status.

Legislative History

HISTORY: 1997 Act No. 24, SECTION 1; formerly 1976 Code SECTION 40-57-130; 2016 Act No. 170 (S.1013), SECTION 1, eff January 1, 2017; 2017 Act No. 60 (H.3041), SECTION 2, eff July 1, 2020; 2022 Act No. 167 (S.158), SECTION 1, eff May 16, 2022; 2024 Act No. 204 (H.4754), SECTION 3, eff May 21, 2024; 2025 Act No. 27 (H.3947), SECTION 1, eff May 8, 2025. Editor's Note 2020 Act No. 127, SECTION 1, provides as follows: "SECTION 1. SECTION 5 of Act 60 of 2017 is amended to read: "This act takes effect on July 1, 2020, and with respect to license renewals is only applicable to renewals initially due after June 30, 2020." Effect of Amendment 2016 Act No. 170, SECTION 1, rewrote the section. 2017 Act No. 60, SECTION 2, in (A)(1) and (A)(2), inserted "submit to a criminal background check upon every third renewal as required for initial applicants pursuant to Section 40-57-115 and shall"; and in (D), inserted "submit to criminal background check requirements of this section or" and "or submission to a criminal background check and payment of applicable fees, whichever remedies the deficiency that caused the licensee to be placed on inactive status". 2022 Act No. 167, SECTION 1, rewrote (B). 2024 Act No. 204, SECTION 3, rewrote the section. 2025 Act No. 27, SECTION 1, in (B)(1), added (e), and made nonsubstantive changes.