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Bill Number: 2185 Ratification Number: 63 Act Number 37 Introducing Body: House Subject: Disciplinary action taken against a licensee of the South Carolina Auctioneers' Commission
(A37, R63, H2185)
AN ACT TO AMEND SECTION 40-6-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT NO DISCIPLINARY ACTION MAY BE TAKEN AGAINST A LICENSEE OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION WITHOUT A PUBLIC HEARING.
Be it enacted by the General Assembly of the State of South Carolina:
Disciplinary action, public hearing, appeal
SECTION 1. Section 40-6-180 of the 1976 Code is amended to read:
"Section 40-6-180. No license may be denied, suspended, or revoked, and no other disciplinary action against a licensee may be taken, until after fifteen days' notice has been given in writing to the licensee or applicant stating the ground of the proposed action and until a public hearing has been held at which he shall have opportunity to be heard, present testimony in his behalf, and be confronted by witnesses against him, if he requests the hearing. The commission, in its discretion, may grant the accused a temporary permit to auction pending the hearing and determination. Determinations must be made and the licensee or applicant notified of them within five days after the hearing. Any auctioneer notified of a suspension may request a rehearing within twenty days from the date of notification of determination. Upon a rehearing and continued denial, suspension, or revocation of license, or other disciplinary action, or upon a refusal for rehearing, the party is entitled to appeal his case as provided in Chapter 23 of Title 1 (the Administrative Procedures Act). The commission or its authorized representatives may subpoena witnesses and documents for any hearing and may administer oaths to the witnesses."
SECTION 2. This act takes effect upon approval by the Governor.