South Carolina General Assembly
108th Session, 1989-1990

Bill 69

                    Current Status

Bill Number:               69
Ratification Number:       106
Act Number                 62
Introducing Body:          Senate
Subject:                   To reauthorize the existence of the South
                           Carolina Residential Home Builders
                           Commission
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A62, R106, S69)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE REVOKED, SUSPENDED, OR RESTRICTED FOR A PERIOD OF ONE YEAR, AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN FAVOR OF THE REISSUANCE, TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT; AND TO AMEND SECTION 40-59-110, RELATING TO REPORTS OF THE COMMISSION, SO AS TO PROVIDE THAT THE ANNUAL REPORT MUST BE MADE TO THE GENERAL ASSEMBLY AND THAT IT MUST CONTAIN A LIST OF BUILDERS WHOSE LICENSES WERE REVOKED, SUSPENDED, OR RESTRICTED.

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

South Carolina Residential Home Builders Commission reauthorized

SECTION 1. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina Residential Home Builders Commission is reauthorized for six years.

Revocation, suspension, or restriction of licenses

SECTION 2. Section 40-59-90 of the 1976 Code is amended to read:

"Section 40-59-90. The commission may revoke, or suspend or restrict for a period not to exceed one year the license of a residential home builder who, in the opinion of the commission, has committed fraud or deceit in obtaining a license required by the provisions of this chapter or has been guilty of gross negligence, incompetence, or misconduct in the practice of home building. A person, including the commission, may prefer charges of fraud, deceit, negligence, incompetence, or misconduct against a residential home builder licensed under this chapter. The charges must be made to the commission in writing and sworn to by the person so charging and must be submitted to the executive secretary of the commission.

The charges, unless dismissed without hearing by the commission as unfounded or trivial, must be heard by the commission in an open hearing within three months after the date on which they were preferred. A copy of the charges, together with notice of the time and place of the hearing, must be served legally on the residential home builder charged at least thirty days before the fixed date for the hearing. At the hearing the residential home builder charged may appear personally or be represented by counsel and may cross-examine witnesses against him and produce evidence and witnesses in his defense. If, after the hearing, a majority of the commission votes in favor of revoking, or suspending or restricting for a period not to exceed one year the license of the residential home builder charged on the basis of fraud or deceit in obtaining his license or gross negligence, incompetence, or misconduct in the performance of home building, the commission shall order the license of the residential home builder revoked, or suspended or restricted for a period not to exceed one year. After the commission revokes or suspends or restricts for a period not to exceed one year the license of the residential home builder, he has ten days to file with the commission written notice of his intention to appeal from the order of the commission. All appeals from the order of the commission are governed by the provisions of Article 3, Chapter 23 of Title 1 (the Administrative Procedures Act).

The commission may reissue a license to a residential home builder whose license was previously revoked if a majority of the members of the commission vote in favor of the reissuance."

Reports

SECTION 3. Section 40-59-110 of the 1976 Code is amended to read:

"Section 40-59-110. The commission shall annually submit to the Governor and the General Assembly a report of its transactions for the preceding year including a complete statement of the receipts and expenditures of the commission, a roster of all the residential home builders licensed for that year, and a list of the residential home builders whose license was revoked, suspended, or restricted by the commission during the preceding year. The commission shall also annually file with the Secretary of State a certified copy of the report at the same time the report is submitted to the Governor and the General Assembly."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.