(A) A person aggrieved by the conduct of a licensee may file a claim against the fund if the:
(1) facts giving rise to the claim are based on a specific violation of this chapter or regulations promulgated under this chapter;
(2) claimant has made demand upon the licensee by certified mail, return receipt requested, for actual damages, and the demand has been refused or ignored;
(3) claimant is not licensed under this chapter or a party jointly responsible for the claim;
(4) the claim is filed no later than one year from the date of discovery of the loss.
(B) The claim must be made under oath and upon a form the commission prescribes and shall contain:
(1) name and address of the claimant;
(2) name and address of the licensee and his last known working address;
(3) a detailed statement of the events precipitating the loss and documents and other evidence supporting the claim;
(4) amount of monies sought and evidence supporting this amount;
(5) copies of complaints and other legal process initiated, if any;
(6) disclosure of partial satisfaction received, offered, or otherwise available from the licensee, including a bond, an insurance policy, or another source of funds.
(C) Upon receiving a claim in proper form, the commission shall forward the claim by certified mail, return receipt requested, to the last known address of the licensee. The licensee, within thirty days, shall file a verified answer to the claim. If no answer is filed within thirty days, the licensee is in default, and the commission shall schedule a hearing on the claim. If the licensee fails to timely answer, the commission shall investigate the claim for not more than sixty days and promptly schedule a hearing on the claim. The licensee, commission, and claimant may present evidence and question and cross-examine witnesses as parties to the hearing.
(D) Failure of the claimant to comply with this section is a waiver of rights under this section.
(E) No claim may be made against or paid from the fund in connection with a licensee who is licensed pursuant to Section 40-6-230 (B) or (C).
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1991 Act No. 38, Section 1; 1976 Code Section 40-6-210.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-6-05. Application of Chapter 1; conflicts.
Section 40-6-10. Auctioneers' Commission created; membership and qualifications; compensation.
Section 40-6-50. Administrative support; authority vested in commission; license fees.
Section 40-6-60. Adoption of rules and regulations.
Section 40-6-70. Initiation of investigation of fitness.
Section 40-6-115. Jurisdiction of commission.
Section 40-6-130. Grounds for disciplinary action as basis for denial of licensure.
Section 40-6-140. Prior criminal record as grounds for denial of licensure.
Section 40-6-150. Surrender of license.
Section 40-6-180. Payment of costs and fines.
Section 40-6-190. Confidentiality; privileged communications.
Section 40-6-210. Petition for injunctive relief.
Section 40-6-235. Requirements for license as auction firm.
Section 40-6-240. Term of licenses; renewal; proof of continuing education; lapsed license.
Section 40-6-250. License required.
Section 40-6-260. List of licensees.
Section 40-6-270. Licensing of auctioneers licensed in another state.
Section 40-6-280. "Absolute" auctions.
Section 40-6-310. Estate auction requirements.
Section 40-6-320. Licensing by municipalities prohibited.
Section 40-6-330. Auctioneer Recovery Fund; maintenance and contributions; use of excess funds.
Section 40-6-340. Claims against fund; notification of licensee; investigation.
Section 40-6-360. Limitations on payments from fund.