§ 40-60-110 — Grounds for denying license or taking disciplinary action.

South Carolina § 40-60-110

• Jurisdiction: South Carolina
• Title 40: PROFESSIONS AND OCCUPATIONS
• Ch. 60: REAL ESTATE APPRAISERS AND APPRAISAL MANAGEMENT COMPANIES

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In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant or may take disciplinary action against an appraiser who: (1) fails to meet the minimum qualifications for a license or certification established by or pursuant to this chapter; (2) procures or attempts to procure a license or certification by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the board, or procures or attempts to procure a license or certification through fraud or misrepresentation; (3) performs an act in the practice of real estate appraising that constitutes dishonest, fraudulent, or improper conduct; (4) engages in the business of real estate appraising under an assumed or fictitious name; (5) pays a finder's fee or a referral fee in connection with an appraisal of real estate or real property in this State; (6) makes 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; (7) violates the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) violates any of the standards for the development or communication of real estate appraisals as set forth in this chapter or regulations promulgated pursuant to this chapter; (9) fails or refuses without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) exhibits negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) accepts an independent appraisal assignment or valuation 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 consequences resulting from the appraisal assignment; (12) fails to retain records in accordance with this chapter or regulations promulgated pursuant to this chapter; (13) fails upon reasonable request of an investigator of the board to make all records required to be maintained under this chapter available to the board for inspection and copying by the board or fails to appear upon reasonable request for an interview with an investigator of the board; (14) demonstrates bad faith, dishonesty, untrustworthiness, or incompetency to act as an appraiser in a manner so as to endanger the interests of the public; (15) performs or attempts to perform any real estate appraisal activity on property located in another state without first having complied with that state's laws regarding real estate appraisal activity; (16) performs or attempts to perform, if licensed or certified as a mass appraiser, any appraisal other than those for ad valorem tax purposes and directly related to the assessor office employment duties of the mass appraiser, unless assisting and supervised by a nonmass-certified appraiser; (17) has been convicted of or pleaded guilty or nolo contendere to a felony relating to the practice of appraisal, banking, mortgage lending, or the provision of financial services, or a crime involving fraud or misrepresentation; (18) fails to report to the department in writing by certified mail, within ten days, notice of conviction of a crime provided for in item (17); (19) has had a license to practice a regulated profession or occupation in this State, another state or jurisdiction canceled, revoked, suspended, or otherwise disciplined; (20) issues a check to the board that is returned for insufficient funds or closed account; (21) fails to comply with or obey a final order of the board or has failed to comply with an order, subpoena, or directive of the board or department; (22) violates any provision of this chapter or any regulation promulgated under this chapter; (23) has knowingly performed an act that in any way assists an unlicensed person to practice; (24) has failed to cooperate with an investigation or other proceeding of the board; (25) has failed to appear before the board after receiving a formal notice to appear.

Legislative History

HISTORY: 2006 Act No. 257, SECTION 1; 2024 Act No. 196 (H.3278), SECTION 14, eff May 21, 2024. Effect of Amendment 2024 Act No. 196, SECTION 14, in (1), substituted "a license" for "a permit, license,"; in (2), substituted "a license" for "a permit, license," in two places; in (8), substituted "set forth in this chapter or regulations promulgated pursuant to this chapter" for "promulgated by the board in regulation"; in (16), inserted ", unless assisting and supervised by a nonmass-certified appraiser" at the end; and rewrote (17).