What is the maximum civil penalty that can be brought against a licensee for a violation in South Carolina?

(A) SLED may deny, suspend, revoke, or refuse to renew a license or registration under this chapter upon finding that the applicant, licensee, or registered individual has:

(1) made a false statement or given false information in connection with an application for or renewal or reinstatement of a license or registration;

(2) made a false statement or given false information in connection with activities conducted pursuant to a license or registration issued under this chapter;

(3) violated any provision of this chapter;

(4) violated a regulation promulgated by SLED;

(5) violated a permit restriction;

(6) failed to cooperate with law enforcement agencies in the prosecution of a person arrested by a security officer on property where the security officer was working;

(7) been convicted of or plead guilty to a crime since becoming licensed or registered, or been charged with a crime which would, upon conviction, disqualify the person for licensing or registration;

(8) impersonated, permitted, or aided and abetted a person to impersonate a law enforcement officer or employee of the United States, this State or its political subdivision, or a municipal corporation since becoming licensed or registered;

(9) engaged in or permitted an employee to engage in the private investigation business or private security business in violation of the provisions of this chapter;

(10) willfully failed to render a client service as described in a written contract;

(11) knowingly violated or advised, encouraged, or assisted the violation of a court order or injunction in the course of business;

(12) committed an act which is a ground for denial of an application for license or registration under this chapter;

(13) given legal advice or falsely represented himself as an attorney or the agent of an attorney;

(14) issued, delivered, or uttered a simulation of process which might have led a person to believe that the simulation was a summons, warrant, writ, court process, or a pleading in a court proceeding;

(15) willfully obstructed an official investigation by a law enforcement officer; or

(16) harassed or threatened a client or witness to prevent him from providing evidence in a legal proceeding or investigation.

(B) For violations of this chapter or any regulation pertaining to this chapter, SLED may, in its discretion, impose a civil monetary penalty upon the holder of a license or registration certificate in lieu of suspension or revocation. Security company and private investigator company licensees are subject to a monetary penalty of not less than twenty-five dollars nor more than one thousand dollars for each offense. Registered security officers and registered private investigators are subject to a penalty of not less than twenty-five dollars nor more than five hundred dollars for each offense. SLED may, in its discretion, accept an offer in compromise or suspend payment of a fine or a monetary penalty imposed under this section.

(C) The decision to deny, suspend, revoke, or refuse to renew a license or registration must be in writing, signed by the Chief of SLED or his designee, and must state the grounds upon which the decision is based. The licensee or registered individual may, within thirty days after receipt of the decision, appeal the decision to the Administrative Law Court.

(D) If a monetary penalty imposed pursuant to this section is not paid or a hearing is not requested within thirty days of receipt of SLED's decision, SLED must revoke the license or registration certificate.

(E) A person must promptly surrender a license or registration certificate suspended or revoked under the provisions of this chapter.

(F) Pending suspension or revocation, no partner or person with a financial interest in the business may be issued a license for the business. No partner or person with a financial interest may be issued a license for the business for a period of one year after the date of suspension or revocation.

(G) A person whose license or registration certificate has been suspended or revoked is not eligible to receive a new license or registration for another location or business during the period of suspension or revocation.

(H) Notwithstanding any other provision of law, penalties paid pursuant to this section must be retained, expended, and carried forward by SLED to be applied to costs associated with regulation of the private security and private investigator businesses in this State.

HISTORY: 2000 Act No. 372, Section 1.

§ 595.701 Penalties.

Nội dung chính Show

• Beware of Violating RESPA
• What is the maximum civil penalty that can be brought against a licensee for a violation SC?
• How much work can you do without a contractor license in South Carolina?
• How long is a contractor liable for work in South Carolina?
• What is the purpose of the South Carolina Code of Laws Title 37 consumer protection code?

(a) Attention is directed to section 206 of the International Emergency Economic Powers Act (the “Act”) (50 U.S.C. 1705), which is applicable to violations of the provisions of any license, ruling, regulation, order, direction or instruction issued by or pursuant to the direction or authorization of the Secretary of the Treasury pursuant to this part or otherwise under the Act.

(1) A civil penalty not to exceed the amount set forth in Section 206 of the Act may be imposed on any person who violates, attempts to violate, conspires to violate, or causes a violation of any license, order, regulation, or prohibition issued under the Act.

(2) The applicable maximum civil penalty per violation of the Act is the greater of $302,584 or an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.

(3) A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of a violation of any license, order, regulation, or prohibition shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.

(b) Adjustments to penalty amounts.

(1) The civil penalties provided in the Act are subject to adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as amended, 28 U.S.C. 2461 note).

(2) The criminal penalties provided in the Act are subject to adjustment pursuant to 18 U.S.C. 3571.

(c) Attention is also directed to 18 U.S.C. 1001, which provides that whoever, in any matter within the jurisdiction of any department or agency of the United States, knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statement or representation or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under title 18, United States Code, or imprisoned not more than five years, or both.

(d) Violations of this part may also be subject to relevant provisions of other applicable laws.

[61 FR 3806, Feb. 2, 1996, as amended at 61 FR 54940, Oct. 23, 1996; 62 FR 45111, Aug. 25, 1997; 71 FR 29253, May 22, 2006; 73 FR 32656, June 10, 2008; 81 FR 43077, July 1, 2016; 82 FR 10439, Feb. 10, 2017 ; 83 FR 11880, Mar. 19, 2018; 84 FR 27719, June 14, 2019]

Beware of Violating RESPA

The Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2607 (2005), prohibits kickbacks and unearned fees, including any fee, kickback or anything of value being given to or received by anyone in any business that is incident to or part of a settlement service. This includes referral fees and/or fee splitting other than for services actually performed. "Settlement services" includes any service provided in connection with a real estate settlement including, but not limited to, title searches, title examinations, the provision of title certificates, title insurance, services rendered by an attorney, the preparation of documents, property surveys, the rendering of credit reports or appraisals, pest and fungus inspections, services rendered by a real estate agent or a broker, the origination of a federally related mortgage loan (including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of loans), and the handling of the processing and closing of settlement. "Thing of value" includes any payment, advance, funds, loan, service or other consideration.

Consequently, it is a federal violation to pay a referral fee to anyone on a mortgage transaction. Any compensation paid from a mortgage loan must be for actual services rendered. Among other things, the referral of business or the taking of an application are not compensable services. Actual cash payment does not need to take place for a violation to occur. Some of the illegal forms of compensation prohibited by RESPA include paying for a referring source' s advertising, reducing transaction costs, or purchasing gifts.

Violations of RESPA are subject to criminal and civil penalties. In a criminal case, a person may be fined up to ten thousand ($10,000.00) dollars and imprisoned for up to one year. In a private lawsuit, a person may be liable to the person charged for the settlement services in an amount equal to three times the amount of the charge paid for the service.

Although state real estate license law might be construed as allowing real estate agents to receive referral fees from mortgage brokers if disclosed, federal law supercedes this state law and clearly prohibits such conduct. Therefore, licensees should understand that they may not solicit or receive any unearned fees.

What is the maximum civil penalty that can be brought against a licensee for a violation SC?

The administrative penalty may not exceed ten thousand dollars for each violation of this chapter by a licensee. The commissioner may impose an administrative penalty that may not exceed ten thousand dollars for each violation of this chapter by a person other than a licensee or exempt person.

How much work can you do without a contractor license in South Carolina?

For general residential work exceeding $200 but less than $5000, one of the following State of South Carolina certifications or licenses is required: SC Registered Residential Specialty Contractor.

How long is a contractor liable for work in South Carolina?

In South Carolina, the general rule is that you have 8 years from the last date on which work was performed on your home.

What is the purpose of the South Carolina Code of Laws Title 37 consumer protection code?

(1) This title prescribes maximum charges for all creditors, except lessors and those excluded (Section 37-1-202), extending consumer credit including consumer credit sales (Section 37-2-104), and consumer loans (Section 37-3-104), and displaces existing limitations on the powers of those creditors based on maximum ...

What is the maximum civil penalty that can be brought against a licensee for a violation in SC?

What is the maximum administrative penalty that can be levied against a licensee who has violated repeatedly and intentionally in SC?

Can a homeowner build their own house in South Carolina?

Are referral fees legal in South Carolina?