(A) The Board
may, upon its own motion, and shall, upon the written complaint of any
aggrieved person, investigate the activities of an applicant or a person
permitted, licensed, or certified under this chapter and may deny, suspend,
revoke, or otherwise restrict a permit, license, or certification and/or impose
a public reprimand, other discipline, and/or a fine not to exceed one thousand
dollars per occurrence, if the Board finds an applicant, State apprentice
appraiser, licensed appraiser, or certified appraiser has violated any
provision of the South Carolina Real Estate Appraiser License and Certification
Act or these regulations.
an appraiser has previously been sanctioned by the Board or by any other
state's real estate appraiser regulatory authority, the Board may consider
these prior sanctions in determining the severity of a new sanction which may
be imposed upon a finding that an appraiser has violated a provision of this
chapter or any of the regulations of the Board. The failure of an appraiser to
comply with or to obey a final order of the Board may be cause for suspension
or revocation of the individual's permit, license, or certification after
opportunity for a hearing.
(C) In a
disciplinary proceeding based upon a civil judgment, an appraiser must be
afforded an opportunity to present matters in mitigation and extenuation, but
may not collaterally attack the civil judgment.
The Board may fine and reprimand a
provider or instructor or deny, revoke, suspend or otherwise withdraw the
approval of any provider or instructor upon finding that the provider or
(1) Fails to meet the criteria for
approval referenced by these Regulations or no longer meets the standards
established by the Board; or
Provides false or materially inaccurate information to the Board when making
application for approval; or
Fails to provide information requested by the Board; or
(4) Falsifies official documents or reports;
(5) Otherwise violates or fails
to satisfy the provisions of the South Carolina Real Estate Appraiser License
and Certification Act and the regulations pertaining thereto or any other
applicable professional licensing laws and regulations.
(E) Before any sanction is imposed upon a
provider or instructor, the provider or instructor shall be entitled to a
hearing. The hearing must be at a time and place designated by the Board and in
accordance with the State Administrative Procedures Act.
S.C. Code Regs.
Added by State Register
Volume 19, Issue No. 6, eff June 23, 1995. Amended by State Register Volume 32,
Issue No. 2, eff February 22, 2008.