South Carolina Code 40-59-110. Revocation, suspension, or restriction of license; misconduct; determination of compliance with applicable professional standards
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 40-59-110
- Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- License: means a license, registration, or certification issued in accordance with this chapter. See South Carolina Code 40-59-20
- Residential builder: means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars. See South Carolina Code 40-59-20
- Residential specialty contractor: means an independent contractor who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed five hundred dollars and are not regulated by the provisions of Chapter 11. See South Carolina Code 40-59-20
In addition to the grounds provided for in § 40-1-110, the commission, upon a majority vote, may revoke, suspend, or restrict the license or registration of a licensee or registrant who the commission finds has committed fraud or deceit in obtaining a license or registration under this chapter or has engaged in misconduct in the practice of residential building or residential specialty contracting. For purposes of this section, misconduct includes a violation of § 40-59-25, or a pattern of repeated failure by a residential builder or residential specialty contractor to pay labor or material bills. For purposes of disciplinary matters, or otherwise, compliance with the construction standards adopted by the commission is prima facie evidence of compliance with applicable professional standards.