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Bill Number: 3195 Ratification Number: 336 Act Number 316 Introducing Body: House Subject: Relating to appeals from decisions of the Real Estate Commissioner
(A316, R336, H3195)
AN ACT TO AMEND SECTION 40-57-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM DECISIONS OF THE REAL ESTATE COMMISSIONER, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE REAL ESTATE COMMISSION WHICH SHALL BE PRESENT AT HEARINGS FROM THREE TO FIVE.
Be it enacted by the General Assembly of the State of South Carolina:
Section 1. Section 40-57-220 of the 1976 Code is amended by striking on line six "three" and inserting "five" and by striking on line eight "two" and inserting "four". The section when amended shall read:
"Section 40-57-220. Every person aggrieved by a decision of the Commissioner in refusing, suspending or revoking any license issued under the provisions of this chapter may appeal from the decision of the Commissioner to the Real Estate Commission, provided for in Section 40 57-50. The Commission shall hold a hearing on the matter, which shall be attended by at least five members thereof, including the member from the congressional district, from which the appellant resides and four other members of the Commission to be selected by the chairman. An appeal may be taken from. the decision of the Commission to the court of common pleas of the county where the appellant resides, and the matter shall be heard de novo in the court, as a matter of equity. The appellant shall, within ten days after notice of the decision of the Commission, serve notice of appeal upon the Commissioner, stating grounds upon which the appeal is founded and file such notice with the clerk of court to which such appeal is taken. Such appeal shall act as a supersedeas until it is finally determined. The clerk of court shall place the case upon the docket for trial."
Section 2. This act shall take effect upon approval by the Governor.