2015 South Carolina Code of Laws
Title 40 - Professions and Occupations
CHAPTER 59 - RESIDENTIAL HOME BUILDERS
Section 40-59-30. License requirement; enforcement of contracts; restraining orders.

(A) A person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission, which has not expired or been revoked, suspended, or restricted or who knowingly presents to, or files with, the commission false information for the purpose of obtaining a license or registering with the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than ten thousand dollars or imprisoned for not less than thirty days, or both.

(B) Notwithstanding Section 29-5-10, or another provision of law, a person or firm who first has not procured a license or registered with the commission and is required to do so by law may not file a mechanics' lien or bring an action at law or in equity to enforce the provisions of a contract for residential building or residential specialty contracting which the person or firm entered into in violation of this chapter.

(C) Pursuant to Article 5, Chapter 23, Title 1, the commission may petition an administrative law judge to issue a temporary restraining order enjoining a violation of this chapter, pending a full hearing to determine whether the injunction must be made permanent.

HISTORY: 2002 Act No. 359, Section 1; 2009 Act No. 40, Section 4.

Editor's Note

Prior Laws:1962 Code Section 56-1545.37; 1974 (58) 1949; 1990 Act No. 595, Section 6; 1993 Act No. 72, Section 1; 1976 Code Section 40-59-70.