[Until January 1, 2008, this section reads as follows:]
- (A) The board shall prescribe the form of a permit, license, and certificate containing an identification number that the appraiser shall use when signing appraisal reports. When an appraiser advertises or executes contracts or other instruments, the appraiser's name, appraiser classification, and number assigned by the board must be printed or typed adjacent to the appraiser's signature.
(B) The appraiser apprentice performing fee appraisal work or seeking to establish experience for a state licensed or state certified designation must:
- (1) perform appraisal assignments only under the direct supervision of a state licensed or certified appraiser;
(2) maintain a log containing the following for each assignment:
- (a) date of appraisal;
- (b) address of appraised property;
- (c) description of work performed;
- (d) number of points claimed for the assignment;
- (e) name and address of the client; and
- (f) name and license or certification number of supervising appraiser;
- (3) sign all appraisal reports for which the appraiser acts as primary appraiser;
- (4) maintain complete copies of all appraisals.
(C) The appraiser apprentice performing mass appraisal work seeking to establish credit for a licensed or certified mass appraiser designation must:
- (1) perform appraisal assignments only under the direct supervision of a state licensed or certified appraiser, mass or otherwise;
- (2) maintain a log on a form provided by the board.
(D) The appraiser supervising an apprentice fee appraiser must:
- (1) personally review appraisal reports prepared by the apprentice and sign and certify the report as being independently and impartially prepared in compliance with the USPAP and applicable statutory requirements;
- (2) provide a copy of final appraisal documents to any participating apprentice.
- (E) the appraiser supervising an appraiser apprentice performing mass appraisal work must personally review and approve all work performed by the apprentice to ensure that the work is prepared in compliance with the USPAP and applicable statutory requirements.
- (F) The board may issue to an appraiser who is licensed or certified in another state a temporary permit, which is only effective for one specific appraisal assignment. If the appraisal is not completed within six months from the date of the permit, the board must grant an extension upon request from the appraiser. The appraiser shall place the following notation on all statements of qualification, contracts, or other instruments: "Practicing in the State of South Carolina under Temporary Permit No. ...".
- (G) Licenses, certifications, and apprentice permits expire annually on June 30. As a condition of renewal, an appraiser shall provide evidence satisfactory to the board of having met the continuing education requirements established by this chapter. An appraiser apprentice may only renew the annual apprentice permit five times.
- (H) Permits, licenses, or certifications not renewed by date of expiration are no longer valid but may be reinstated within twelve months after expiration upon proper application, payment of renewal fee, a late penalty, as established in the fee schedule, and proof of having met continuing education requirements as prescribed.
- (I) A permit, license, or certification which has expired and has not been reinstated by the last day of the 12th month following expiration must be canceled.
- (J) A license or certification may be placed on inactive status by informing the board in writing and must be renewed in the same manner as provided for active renewal.
- (K) A fee appraiser must retain for five years the original or exact 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 on the date of delivery of each appraisal report to the client.
(L) An appraiser who has had a permit, license, or certification revoked by the board must not be issued a new permit, license, or certification within two years after the date of the revocation or at any time thereafter except upon an affirmative vote of a majority of the board. A person seeking a permit, license, or certification after revocation shall:
- (1) present evidence of completion of the continuing education required by this chapter;
- (2) pass the applicable examination; and
(3) meet any other qualifications and conditions which apply to individuals applying for a license who have not been previously licensed.
- (1) fails to meet the minimum qualifications for a permit, license, or certification established by or pursuant to this chapter;
- (2) procures or attempts to procure a permit, 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 permit, 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 promulgated by the board in regulation;
- (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;
- (17) has been convicted of a felony or a crime involving moral turpitude or pleaded guilty or nolo contendere to any such offense;
- (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.
[From and after January 1, 2008, this section is named "Grounds for denying license or taking disciplinary action" and reads as follows:]
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: