Bill 242

                    Current Status

BillNumber:                242
Ratification Number:       167
Act Number:                94
Introducing Body:          Senate
Subject:                   Real estate license fees

(A94, R167, S242)

AN ACT TO AMEND SECTION 40-57-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE LICENSE FEES, SO AS TO DELETE THE LICENSE FEES LISTED TO BE PAID THE REAL ESTATE COMMISSIONER, TO AUTHORIZE THE REAL ESTATE COMMISSION TO ALLOCATE A SUM OF UP TO FIVE DOLLARS FROM THE ANNUAL RENEWAL FEE TO A STATE-FUNDED INSTITUTION OF HIGHER LEARNING, TO AUTHORIZE THE COMMISSION TO ESTABLISH LICENSE FEES BY REGULATION, AND TO DELETE THE REFERENCE TO A COUNSELOR, APPRAISER, OR PROPERTY MANAGER'S ANNUAL RENEWAL FEE IN THE PROVISION AUTHORIZING THE COMMISSION TO ALLOCATE UP TO FIVE DOLLARS FROM THE FEE TO AN INSTITUTION OF HIGHER LEARNING: TO AMEND SECTION 40-57-170, RELATING TO INVESTIGATIONS AND SUSPENSION AND REVOCATION OF LICENSES BY THE REAL ESTATE COMMISSIONER, SO AS TO PROVIDE ANOTHER GROUND UPON WHICH THE COMMISSIONER HAS THE POWER TO SUSPEND, REVOKE, AND CANCEL A LICENSE WHICH INCLUDES A VIOLATION OF ANY LAW RELATING TO A BUYER'S FREEDOM OF CHOICE IN CHOOSING AN ATTORNEY OR INSURANCE AGENT; TO AMEND SECTION 40-57-180, RELATING TO NOTICE OF IMPENDING REFUSAL, SUSPENSION, OR REVOCATION OF LICENSES BY THE REAL ESTATE COMMISSION, SO AS TO PROVIDE THAT BEFORE THE COMMISSIONER REFUSES, SUSPENDS, OR REVOKES ANY LICENSE AND BEFORE HE ISSUES ANY PUBLIC OR PRIVATE REPRIMAND, HE SHALL NOTIFY THE APPLICANT OR LICENSEE OF CHARGES AND MUST GRANT HIM AN OPPORTUNITY TO BE HEARD, THE HEARING MUST BE HELD NOT LESS THAN THIRTY DAYS NOR MORE THAN NINETY DAYS AFTER NOTIFICATION, IF CHARGES ARE BROUGHT AGAINST A SALESMAN, HIS BROKER MUST ALSO BE NOTIFIED OF THE CHARGES, AND HEARING OF THE CHARGES MUST BE AT THE TIME AND PLACE DESIGNATED BY THE COMMISSIONER AND CONDUCTED IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE REAL ESTATE COMMISSION FOR SIX YEARS; TO AMEND SECTION 40-57-220, AS AMENDED, RELATING TO APPEALS FROM A DECISION OF THE REAL ESTATE COMMISSIONER, SO AS TO PROVIDE THAT EVERY APPLICANT OR LICENSEE MAY APPEAL FROM A DECISION OF THE COMMISSIONER TO THE COMMISSION BY SERVING NOTICE OF APPEAL SETTING FORTH GROUNDS UPON WHICH APPEAL IS BASED, UPON THE COMMISSIONER WITHIN TEN DAYS OF RECEIPT OF HIS RULING OR DECISION, THE COMMISSIONER SHALL CALL A HEARING ON THE RECORD WHICH MUST BE ATTENDED BY AT LEAST FIVE MEMBERS OF THE COMMISSION, FOR THE PROCEDURE WHICH MUST BE USED AT THE HEARING AND AN APPEAL MAY BE TAKEN TO THE CIRCUIT COURT OF THE COUNTY WHERE THE APPELLANT RESIDES; AND TO PROVIDE THAT THE FEE SCHEDULE OF THE COMMISSION IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL NEW REGULATIONS ARE PROMULGATED AND APPROVED.

Be it enacted by the General Assembly of the State of South Carolina:

License fees

SECTION 1. Section 40-57-150 of the 1976 Code, as amended by Act 136 of 1981, is further amended to read:

"Section 40-57-150. The Real Estate Commission is authorized to establish license fees by regulation. None of the license fees provided for are in lieu of any business license fees or taxes imposed by a municipality. In addition to the fees authorized by this section, the Commission is authorized to contract with a state-funded institution of higher learning to conduct examinations for the Commission and the institution is authorized to charge and collect examination fees, not to exceed the reasonable cost to conduct examinations, which must be retained by the institution to defray the cost of conducting those examinations.

The Real Estate Commission is authorized to allocate a sum of up to five dollars from each real estate broker's and salesman's annual renewal fee to a state-funded institution of higher learning to be used for the following purposes: (1) to carry out the advancement of education and research for the benefit of those licensed tinder the provisions of this section and for the improvement and increased efficiency of the real estate industry in this State: (2) to provide for the analysis and evaluation of factors which affect the real estate industry in South Carolina; and (3) to provide for the dissemination of the results of the research.

The funds collected from the fee authorized in the above paragraph must be deposited in a special fund by the State Treasurer to be used exclusively for the purposes provided in the above paragraph. Withdrawals from the fund must be made upon the written request of the South Carolina Real Estate Commission."

Ground for suspension

SECTION 2. Section 40-57-170 of the 1976 Code is amended by adding:

"(14) Violating any provision of law relating to a buyer's freedom of choice in choosing an attorney, insurance agent, or title insurance agent to handle his real estate transaction."

Hearing

SECTION 3. Section 40-57-180 of the 1976 Code is amended to read:

"Section 40-57-180. Before refusing, suspending, or revoking any license and before issuing any public or private reprimand, the Commissioner shall notify the applicant or licensee of the charges against him and must grant him an opportunity to be heard. The hearing must be held not less than thirty days nor more than ninety days after the applicant or licensee is notified of the charges against him. If charges are brought against a salesman, his broker must also be notified of the charges. Hearing of the charges must be at the time and place designated by the Commissioner and must be conducted in accordance with the State Administrative Procedures Act."

Commission reauthorized

SECTION 4. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the Real Estate Commission of South Carolina is reauthorized for six years.

Applicant may appeal

SECTION 5. Section 40-57-220 of the 1976 Code, as amended by Act 316 of 1980, is further amended to read:

"Section 40-57-220. Every applicant or licensee aggrieved by a decision of the Commissioner in refusing, suspending, or revoking any license or in issuing reprimands provided under the provisions of this chapter may appeal from the decision of the Commissioner to the Real Estate Commission by serving notice of appeal upon the Commissioner within ten days of receipt of his ruling or decision. The notice of appeal must set forth all grounds upon which the appeal is based. The Commissioner shall call a hearing on the matter, which must be confined to the record, and which must be attended by at least five members of the Real Estate Commission, including the member from the congressional district in which the appellant resides and four other members to be selected by the chairman. The Commission may affirm the Commissioner's ruling or remand the case for further proceedings. Upon request of any party, the Commission shall hear oral arguments and receive written briefs. An appeal may be taken from the decision of the Commission to the circuit court of the county where the appellant resides as provided by the State Administrative Procedures Act."

Fee schedule

SECTION 6. The fee schedule of the South Carolina Real Estate Commission in effect prior to the effective date of this act shall remain in full force and effect until new regulations are promulgated and approved as provided hereunder.

Time effective

SECTION 7. This act shall take effect upon approval by the Governor.

Approved the 10th day of June, 1983.