(A) If a person has made payment for services subject to regulation by this chapter, the person has a cause of action in magistrate's court or the court of common pleas, as appropriate, for recovery of the payment, plus reasonable costs and attorney's fees, if the person providing or offering to provide the services:
(1) at any point in the transaction, did not possess a valid license, registration, or certificate as required by this chapter; or
(2) failed to timely file a report, record, application, or other document required by law with respect to the construction or abandonment of wells.
(B) This section is to be construed in favor of recovery for the plaintiff.
(C) An action or claim to enforce the provisions of this section must be filed within three years of the date of completion of the services subject to regulation under this chapter.
HISTORY: 2002 Act No. 185, Section 1.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 23 - Environmental Certification Board
Section 40-23-5. Application of chapter; conflict of laws.
Section 40-23-10. Environmental Certification Board; creation; membership; terms.
Section 40-23-20. Definitions.
Section 40-23-30. Environmental systems operator licensure requirement.
Section 40-23-40. Purpose of board.
Section 40-23-70. Powers and duties.
Section 40-23-80. Conduct of investigations.
Section 40-23-100. Board authorized to seek remedies for violations; immunity; bonds.
Section 40-23-105. Recovery of payment for regulated services by unlicensed provider; limitations.
Section 40-23-110. Disciplinary action; grounds.
Section 40-23-115. Board jurisdiction.
Section 40-23-120. Sanctions and other disciplinary actions.
Section 40-23-130. Licensure denial.
Section 40-23-140. Licensure denial; prior criminal record.
Section 40-23-150. License; voluntary surrender.
Section 40-23-180. Costs and fines; collection and enforcement.
Section 40-23-200. Unauthorized practice; penalty.
Section 40-23-210. Civil penalties and injunctive relief.
Section 40-23-220. Severability.
Section 40-23-230. Issuance, renewal, and reinstatement of licenses; notification of address change.
Section 40-23-240. Reciprocity agreements; licensure of person credentialed in another jurisdiction.
Section 40-23-250. License as prerequisite to practice or offer to practice.
Section 40-23-260. Continuing education; code of ethics.
Section 40-23-270. Exceptions from application of chapter.
Section 40-23-280. Requirements, proof, and initiation of claim on bond.
Section 40-23-300. Certification classifications.
Section 40-23-305. Wastewater treatment operator licenses.
Section 40-23-310. Water distribution system operator licenses.
Section 40-23-320. Well drilling licenses; categories; classes.
Section 40-23-340. Well driller practice categories; restrictions.