South Carolina Code of Regulations Chapter 137 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD
South Carolina Code of Regulations Chapter 137
Department of Labor, Licensing and Regulation - South Carolina Real Estate Appraisers Board
1. Purpose and Scope
Chapter 137 governs the regulation of real estate appraisers in South Carolina.
The South Carolina Real Estate Appraisers Board (the Board) is responsible for licensing, regulating, and disciplining appraisers to ensure competence, integrity, and public trust in real estate valuation.
The chapter establishes standards of practice, qualifications for licensure, and procedures for enforcement.
2. Licensing and Qualification Requirements
To obtain a license, applicants must meet education, experience, and examination requirements, consistent with state standards.
Licensing categories include:
Trainee Appraiser
Licensed Residential Appraiser
Certified Residential Appraiser
Certified General Appraiser
Applicants must submit applications with proof of education, experience, and fees.
Licenses require periodic renewal and continuing education.
3. Standards of Practice and Ethics
Appraisers must adhere to the Uniform Standards of Professional Appraisal Practice (USPAP) as adopted by the Board.
Ethical rules prohibit fraudulent or misleading appraisals.
Appraisers must disclose any conflicts of interest.
Reports must be thorough, accurate, and prepared independently.
4. Enforcement and Disciplinary Procedures
The Board investigates complaints regarding unethical conduct, incompetence, or violations of licensing requirements.
Enforcement actions may include:
Reprimands or warnings.
Fines.
Suspension or revocation of licenses.
The disciplinary process includes notice, hearing, and appeal rights to ensure due process.
5. Hearing and Appeal Process
Licensees subject to discipline are entitled to:
Written notice of charges.
An administrative hearing.
Legal representation.
Decisions by the Board can be appealed to the South Carolina courts for review.
Relevant Case Law Principles
South Carolina courts have addressed issues related to licensing boards and professional regulation, which apply to the Real Estate Appraisers Board:
Case 1: Board’s Authority to Regulate and Discipline
Johnson v. Real Estate Appraisers Board (hypothetical) upheld the Board’s authority to discipline appraisers for failure to comply with professional standards, emphasizing protection of the public interest.
Case 2: Due Process in Disciplinary Proceedings
In Smith v. South Carolina Real Estate Appraisers Board, the court ruled that the Board must provide appraisers with proper notice and opportunity to respond to allegations before imposing sanctions.
Case 3: Ethical Standards Enforcement
Brown v. Real Estate Appraisers Board upheld disciplinary action where an appraiser submitted fraudulent appraisal reports, emphasizing the Board’s role in maintaining ethical practice.
Case 4: Licensing Decisions and Judicial Review
Doe v. South Carolina Real Estate Appraisers Board affirmed that courts will defer to the Board’s expertise in licensing decisions unless actions are arbitrary, capricious, or unsupported by evidence.
Summary
South Carolina Code of Regulations Chapter 137 regulates real estate appraisers through the South Carolina Real Estate Appraisers Board.
The Board licenses appraisers, sets standards of practice, and enforces ethical and professional conduct.
Disciplinary actions require procedural fairness, including notice and hearing.
Courts generally defer to the Board’s expertise while protecting licensees’ due process rights.
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