S.C. Code Ann. § 40-59-260 – Nonrenewal, suspension, or revocation of license; grounds; violations; penalties; review by administrative law judge; reinstatement of revoked license | Midpage
§ 40-59-260
S.C. Code Ann. § 40-59-260
Nonrenewal, suspension, or revocation of license; grounds; violations; penalties; review by administrative law judge; reinstatement of revoked license
(A) The commission may deny, refuse to renew, or temporarily suspend or revoke a license, or issue a civil penalty under this section, if the licensee or applicant for licensure engages in any of the following conduct:
(1) making a false or misleading statement in that portion of a written report that deals with professional qualification or in any testimony concerning professional qualifications;
(2) any act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit a home inspector or other person or with the intent to substantially injure another person;
(3) any act of fraud, misrepresentation, or deceit in the making of a home inspection;
(4) payment of a finder's fee or a referral fee to any person in connection with an inspection of a residence;
(5) failure or refusal without good cause to exercise reasonable diligence in developing a home inspection report, preparing a report, or communicating a report;
(6) accepting a home inspection assignment when the employment itself is contingent upon the home inspector reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, the conclusions, analysis, or report reached or upon the consequences resulting from such assignment;
(7) the performing of any work or improvement to a residence upon which the home inspector performed a home inspection within the previous twelve months;
(8) employment of fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license, or renewal of it;
(9) committing an act or acts of malpractice, gross negligence, or incompetence in the performance of home inspections;
(10) practicing as a licensed home inspector without a current license;
(11) engaging in conduct that could result in harm or injury to the public;
(12) engaging in any act or practice violative of any of the provisions of this article or any regulation promulgated by the commission under this article, or aiding, abetting, or assisting a person in such violation.
(B) The commission may impose a civil penalty for violations of any provision of this article, or the regulations promulgated by the board, as follows: for a first violation, a penalty in an amount not to exceed one hundred dollars; for a second violation, a penalty in an amount not to exceed two hundred dollars; and for a third and any subsequent violation, a penalty in an amount not to exceed one thousand dollars. Any civil penalties collected by the commission must be remitted to the State Treasurer for deposit by him in the State's general fund.
(C) The denial, refusal to renew, or temporary suspension or revocation of a license, or the issuance of a civil penalty under this section, may be ordered by a decision of a majority of the commission after a hearing held in accordance with Article 3, Chapter 23, of Title 1, the Administrative Procedures Act. A decision of the commission to deny, refuse to renew, temporarily suspend a license, revoke a license, or impose a civil penalty is subject to review by an administrative law judge as provided under Article 5, Chapter 23, of Title 1.
(D) An application may be made to the commission for reinstatement of a revoked license if the revocation has been in effect for at least one year. The license may be granted upon an affirmative vote by a majority of the commission.