In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant or may take disciplinary action against an appraiser who:
(1) fails to meet the minimum qualifications for a permit, license, or certification established by or pursuant to this chapter;
(2) procures or attempts to procure a permit, license, or certification by knowingly making a false statement, submitting false information, or making a material misrepresentation in an application filed with the board, or procures or attempts to procure a permit, license, or certification through fraud or misrepresentation;
(3) performs an act in the practice of real estate appraising that constitutes dishonest, fraudulent, or improper conduct;
(4) engages in the business of real estate appraising under an assumed or fictitious name;
(5) pays a finder's fee or a referral fee in connection with an appraisal of real estate or real property in this State;
(6) makes a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
(7) violates the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency;
(8) violates any of the standards for the development or communication of real estate appraisals as promulgated by the board in regulation;
(9) fails or refuses without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(10) exhibits negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(11) accepts an independent appraisal assignment or valuation assignment when the employment itself or fee to be paid was contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, opinion, or conclusion or upon the award, recovery, or consequences resulting from the appraisal assignment;
(12) fails to retain records in accordance with this chapter or regulations promulgated pursuant to this chapter;
(13) fails upon reasonable request of an investigator of the board to make all records required to be maintained under this chapter available to the board for inspection and copying by the board or fails to appear upon reasonable request for an interview with an investigator of the board;
(14) demonstrates bad faith, dishonesty, untrustworthiness, or incompetency to act as an appraiser in a manner so as to endanger the interests of the public;
(15) performs or attempts to perform any real estate appraisal activity on property located in another state without first having complied with that state's laws regarding real estate appraisal activity;
(16) performs or attempts to perform, if licensed or certified as a mass appraiser, any appraisal other than those for ad valorem tax purposes and directly related to the assessor office employment duties of the mass appraiser;
(17) has been convicted of a felony or a crime involving moral turpitude or pleaded guilty or nolo contendere to any such offense;
(18) fails to report to the department in writing by certified mail, within ten days, notice of conviction of a crime provided for in item (17);
(19) has had a license to practice a regulated profession or occupation in this State, another state or jurisdiction canceled, revoked, suspended, or otherwise disciplined;
(20) issues a check to the board that is returned for insufficient funds or closed account;
(21) fails to comply with or obey a final order of the board or has failed to comply with an order, subpoena, or directive of the board or department;
(22) violates any provision of this chapter or any regulation promulgated under this chapter;
(23) has knowingly performed an act that in any way assists an unlicensed person to practice;
(24) has failed to cooperate with an investigation or other proceeding of the board;
(25) has failed to appear before the board after receiving a formal notice to appear.
HISTORY: 2006 Act No. 257, Section 1.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act
Section 40-60-5. Citation and application of chapter; conflict with Article 1, Chapter 1, Title 40.
Section 40-60-10. South Carolina Real Estate Appraisers Board.
Section 40-60-20. Definitions.
Section 40-60-30. License requirement; exceptions.
Section 40-60-31. Qualifications.
Section 40-60-32. Application forms.
Section 40-60-33. Educational and applicable experience requirements.
Section 40-60-35. Continuing education requirements; exceptions.
Section 40-60-36. Approval of courses, educational providers and instructors; instructor workshops.
Section 40-60-70. Code of ethics.
Section 40-60-80. Investigation of complaints and violations; stays; appeal.
Section 40-60-90. Power to administer oaths.
Section 40-60-100. Restraining orders and cease and desist orders.
Section 40-60-110. Grounds for denying license or taking disciplinary action.
Section 40-60-115. Board jurisdiction.
Section 40-60-130. Grounds for denial of license or discipline.
Section 40-60-140. License denial based on prior criminal record.
Section 40-60-150. Voluntary surrender of license.
Section 40-60-170. Investigation and prosecution costs.
Section 40-60-180. Collection of costs and fines.
Section 40-60-190. Confidentiality of investigations and proceedings; privileged communications.
Section 40-60-200. Advertising or engaging in business of appraising without license; penalties.
Section 40-60-210. Injunctive relief; fine.
Section 40-60-220. Continuation of existing licenses.
Section 40-60-230. Severability.
Section 40-60-310. Short title.
Section 40-60-320. Definitions.
Section 40-60-330. Registration; requirements.
Section 40-60-340. Exclusions from registration requirements.
Section 40-60-350. Renewal of registrations.
Section 40-60-380. Designation of a controlling person; notification of changes.
Section 40-60-400. Certification or licensure required for employees and independent contractors.
Section 40-60-410. Good standing with board required for certified or licensed appraisers.
Section 40-60-420. Record-keeping requirements for registration renewal.
Section 40-60-430. Criminal background checks for appraisers.
Section 40-60-450. Payment for completions of an appraisal or valuation assignment.
Section 40-60-460. Appraiser's consent required to modify report; use of appraisal reports.
Section 40-60-470. Disciplinary action for violations of this article.
Section 40-60-480. Investigations and disciplinary proceedings; notice requirements.
Section 40-60-490. Board authorized to issue restraining orders.
Section 40-60-500. Jurisdiction.
Section 40-60-510. Grounds for denial of registration.
Section 40-60-520. Denial of registration; prior criminal conviction.
Section 40-60-530. Voluntary surrender of registration; public disclosure.
Section 40-60-540. Review of board decision by the Administrative Law Court.
Section 40-60-550. Confidentiality of investigations and proceedings; communications privileged.