(A) The department may refer any reports of violations of this chapter and Article 1, Chapter 1 of this title or any reports of violations of regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against any entity or individual, including unlicensed contractors, for violations of this chapter as specified by the board.
(B) Separate citations may be issued and separate administrative penalties may be assessed for each violation, however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day.
(C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(D) Administrative penalties assessed pursuant to this section may not exceed the following limits:
(1) for a first offense, not more than a five-hundred dollar penalty;
(2) for a second offense in a five-year period, the citation must be referred to the board for action in accordance with Section 40-11-110.
(E) An entity or individual assessed administrative penalties may appeal those penalties to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation.
HISTORY: 1998 Act No. 440, Section 1.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-11-5. Application of chapter; conflict of laws.
Section 40-11-20. Definitions.
Section 40-11-30. Licensing requirement.
Section 40-11-40. Voluntary contributions with licensee applications; uses; reporting requirements.
Section 40-11-50. Repealed by 2014 Act No. 207, Section 1, eff July 1, 2014.
Section 40-11-60. Rules and regulations; owner-prepared financial statement form.
Section 40-11-70. Powers of board.
Section 40-11-80. Investigation of complaints and violations.
Section 40-11-90. Results of investigations to be presented to board; hearing.
Section 40-11-120. Other sanctions.
Section 40-11-130. Denial of license or certificate.
Section 40-11-140. Prior criminal record.
Section 40-11-150. Voluntary surrender of license.
Section 40-11-170. Costs of investigation and prosecution.
Section 40-11-180. Collection and enforcement of costs, fees, and fines.
Section 40-11-190. Investigations and proceedings confidential; communications privileged.
Section 40-11-200. Unlawful practice; penalty.
Section 40-11-210. Injunctive relief.
Section 40-11-230. Certification as qualifying party.
Section 40-11-240. Qualifications for licensure; required submissions.
Section 40-11-250. Renewal of license; lapsed license.
Section 40-11-260. Financial statements; net worth requirements.
Section 40-11-262. Surety bonds in lieu of providing financial statements.
Section 40-11-280. Change in license classification.
Section 40-11-290. Licensure of applicant holding license in another state.
Section 40-11-330. Joint Venture Bid.
Section 40-11-340. Qualifications for acting as sole prime contractor.
Section 40-11-380. Notification of bankruptcy of licensee.
Section 40-11-400. Qualifying party certificates.
Section 40-11-410. License classifications and subclassifications.
Section 40-11-430. Severability.
Section 40-11-500. Citation of article.
Section 40-11-510. Definitions.
Section 40-11-520. Stay of action or arbitration.
Section 40-11-530. Notice of claim; contents; request for clarification.