(A) A person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission, which has not expired or been revoked, suspended, or restricted or who knowingly presents to, or files with, the commission false information for the purpose of obtaining a license or registering with the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than ten thousand dollars or imprisoned for not less than thirty days, or both.
(B) Notwithstanding Section 29-5-10, or another provision of law, a person or firm who first has not procured a license or registered with the commission and is required to do so by law may not file a mechanics' lien or bring an action at law or in equity to enforce the provisions of a contract for residential building or residential specialty contracting which the person or firm entered into in violation of this chapter.
(C) Pursuant to Article 5, Chapter 23, Title 1, the commission may petition an administrative law judge to issue a temporary restraining order enjoining a violation of this chapter, pending a full hearing to determine whether the injunction must be made permanent.
HISTORY: 2002 Act No. 359, Section 1; 2009 Act No. 40, Section 4.
Editor's Note
Prior Laws:1962 Code Section 56-1545.37; 1974 (58) 1949; 1990 Act No. 595, Section 6; 1993 Act No. 72, Section 1; 1976 Code Section 40-59-70.
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.