(A) In addition to all other remedies provided by law, when it appears to the commission, either upon complaint or otherwise, that a person or combination of persons has engaged, or is engaging, in an act of contracting, practice, or transaction which constitutes a violation of this chapter or any regulation or order of the commission, whether or not the person is properly licensed or registered with the commission, the commission may:
(1) serve upon the person not licensed or registered under the chapter, by certified mail or by personal service, a cease and desist order requiring the person to cease and desist from engaging in the act, practice, or transaction immediately upon receipt of the order. If the person fails to comply with the order, the director or a designee may file an action with an administrative law judge for enforcement of the cease and desist order or file an action pursuant to item (2) for wilful violation of the order. If the administrative law judge finds that the person wilfully failed to obey a valid cease and desist order, the court shall impose a civil penalty of not less than two hundred fifty dollars and not more than two thousand dollars for each violation. Any amount collected as a civil penalty must be remitted pursuant to subsection (B);
(2) apply, on its behalf, through the Attorney General, the Director of the Department of Consumer Affairs, the county attorney, or solicitor of the county in which the violation is alleged to have been committed, to the court of common pleas of that county for an injunction restraining the person from further violation. Upon a proper showing, a temporary restraining order, a preliminary injunction, or a permanent injunction may be granted without bond. Process in the action may be served upon the defendant in any county of this State where the defendant transacts business or is found.
(B) In actions brought under item (2) of subsection (A), each violation of this chapter or regulation or order of the commission constitutes a separate offense, and the court may impose a civil penalty not to exceed two thousand dollars for each violation which is in addition to all other penalties provided by law.
HISTORY: 2002 Act No. 359, Section 1.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 59 - Residential Home Builders
Section 40-59-5. Application of Chapter 1; conflicts.
Section 40-59-10. South Carolina Residential Builders Commission; membership; oath.
Section 40-59-20. Definitions.
Section 40-59-25. Roofing contract cancellation for insurance coverage denial.
Section 40-59-30. License requirement; enforcement of contracts; restraining orders.
Section 40-59-60. Additional commission operations.
Section 40-59-70. Promulgation of regulations.
Section 40-59-80. Investigation of complaints; initial complaints.
Section 40-59-90. Hearing before commission; notice; appearance; order; appeal.
Section 40-59-100. Cease and desist order; temporary restraining order.
Section 40-59-105. Administrative citations and penalties; appeal.
Section 40-59-115. Jurisdiction over actions of licensees and former licensees.
Section 40-59-130. Grounds for denial of license.
Section 40-59-140. Prior criminal record.
Section 40-59-150. Voluntary surrender of license.
Section 40-59-180. Collection and enforcement.
Section 40-59-190. Confidentiality.
Section 40-59-210. Cease and desist orders; penalties; injunction.
Section 40-59-230. Renewal; continuing education; notification of change of circumstances.
Section 40-59-270. Applicability of Chapter 11; exemption of mechanical contractor.
Section 40-59-290. Severability.
Section 40-59-400. Definitions.
Section 40-59-500. Definitions.
Section 40-59-510. Administration; roster of licensed home inspectors.
Section 40-59-520. Licensing requirement; licensing of business entity.
Section 40-59-530. Exceptions.
Section 40-59-540. Application; examination; regulations establishing minimum standards.
Section 40-59-550. Display of license; address changes; renewal; inactive status.
Section 40-59-560. Inspection reports; form; disclosure of scope and limitations.
Section 40-59-570. "Advertisement" defined.
Section 40-59-580. Denial, suspension, or revocation; civil penalties; hearing; appeal.
Section 40-59-590. Restrictions; appraisals and real estate activities.
Section 40-59-600. Penalties; actions to enforce contract; injunction.
Section 40-59-610. Regulations.
Section 40-59-620. Applicability of building code in effect at time of construction.
Section 40-59-810. Short Title.
Section 40-59-820. Definitions.
Section 40-59-830. Stay of action until compliance with article.
Section 40-59-840. Notice of claim; timing; contents; request for clarification.