South Carolina Code of Laws
Chapter 39 - Pawnbrokers
Section 40-39-150. Administrative orders; penalties.

(A) Upon finding that an action of a pawnbroker is in violation of the provisions of this chapter or of a law or regulation of this State or of the federal government or an agency of the state or federal government, the administrator may issue an administrative order requiring the pawnbroker to cease and desist from the action and may suspend, revoke, or refuse to issue a certificate of authority by order.
(B) The administrator also may issue an administrative order imposing administrative penalties of up to seven hundred fifty dollars for each offense upon persons violating any of the provisions of this chapter up to a maximum of fifteen thousand dollars for the same set of transactions or occurrences. Each violation constitutes a separate offense. In addition, a person violating the provisions of Sections 40-39-20 and 40-39-30 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding sixty days, or both.
HISTORY: 1988 Act No. 491, Section 2; 1991 Act No. 142, Section 26; 2005 Act No. 128, Section 11; 2016 Act No. 262 (H.4090), Section 14, eff June 9, 2016.
Effect of Amendment
2016 Act No. 262, Section 14, rewrote the section, transferring the authority to order certain equitable relief from the administrative law court to the department.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 39 - Pawnbrokers

Section 40-39-10. Definitions.

Section 40-39-20. Department of Consumer Affairs to regulate pawnbrokers; certificate of authority to operate pawnbroker business; background checks; persons ineligible for certificate of authority.

Section 40-39-30. Certificate of authority required for each business location; penalties; location of retained pledged goods; posting of operation hours.

Section 40-39-40. Unauthorized fees prohibited; violative pawn transaction ramifications.

Section 40-39-50. Bonding and insurance requirements; notice of potential threats to pawned goods.

Section 40-39-55. Periodic dollar amount adjustments.

Section 40-39-60. Actions on bond.

Section 40-39-70. Recordkeeping; identity verifications; only owners or their agents may pawn or sell.

Section 40-39-80. Pawn tickets; content requirements; executions; special circumstances.

Section 40-39-90. Recordkeeping; electronic transfers; database.

Section 40-39-100. Charges on loans.

Section 40-39-110. Vesting of title to pledged property.

Section 40-39-120. Certificate of authority renewals; penalties for noncompliance; limited operations after lapses.

Section 40-39-130. Pawnbrokers to comply with federal law; enforcement powers of administrator.

Section 40-39-140. Third-party ownership of pledge and sold property; returns; pawnbroker remedies and liability exemption.

Section 40-39-145. Hold orders.

Section 40-39-150. Administrative orders; penalties.

Section 40-39-155. Contested case hearings.

Section 40-39-160. Violations of Sections 40-39-80, 40-39-90, 40-39-100, 40-39-110, and 40-39-130; pledgor's cause of action against pawnbroker.