Article 1 South Carolina Real Estate Appraiser License and Certification Act
Article 3 Appraisal Management Company Registration Act

Terms Used In South Carolina Code > Title 40 > Chapter 60

  • air carrier: is a corporation licensed by the Federal Aviation Administration with a certificate of public convenience and necessity or an operating certificate under other applicable federal law or pertinent regulations which operates aircraft to or from an air carrier hub terminal facility as defined in this section. See South Carolina Code 55-11-500
  • air carrier hub terminal facility: is a n airport terminal facility from which an air carrier certified or licensed by the Federal Aviation Administration, within five years from the date of issuance of the obligations described in this article, operates either:

    (1) at least twenty common carrier departing flights a day on which the general public may fly seven days a week, fifty-two weeks a year. See South Carolina Code 55-11-500
  • Analysis: means a study of real estate or real property other than one estimating value. See South Carolina Code 40-60-20
  • applicant: means a person holding a resident or nonresident commercial motor vehicle driver's license seeking employment with an employer described in subsection (2) who will perform a safety sensitive function as part of his employment. See South Carolina Code 56-1-2210
  • appraisal: means of or pertaining to appraising and related functions including, but not limited to, appraisal practice and appraisal services. See South Carolina Code 40-60-20
  • Appraisal Foundation: means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois, containing the Appraisal Standards Board (ASB), Appraiser Qualifications Board (AQB), a board of trustees, and other advisory bodies. See South Carolina Code 40-60-20
  • Appraisal report: means any communication, written or oral, of an appraisal. See South Carolina Code 40-60-20
  • Appraisal subcommittee: means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U. See South Carolina Code 40-60-20
  • Appraiser: means a person who holds a permit, license, or certification issued by the board that allows the person to appraise real property. See South Carolina Code 40-60-20
  • Apprentice appraiser: means an individual authorized by permit to assist a state-certified appraiser in the performance of an appraisal if the apprentice is actively and personally supervised by the certified appraiser. See South Carolina Code 40-60-20
  • artifactual material: means any object or assemblage of objects found in an archaeological context which yields or is likely to yield information of significance to the scientific study of human prehistory, history, or culture, and which have remained unclaimed for more than fifty years. See South Carolina Code 54-7-620
  • Authority: means the State Fiscal Accountability Authority. See South Carolina Code 55-11-500
  • Board: means the South Carolina Real Estate Appraisers Board established pursuant to the provisions of this chapter. See South Carolina Code 40-60-20
  • CMVSA: means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570). See South Carolina Code 56-1-2030
  • Commercial applicant: means an applicant for a license under this article for purposes other than those of a noncommercial applicant, such as commercial salvage or income-producing purposes. See South Carolina Code 54-7-620
  • Commercial motor vehicle: means a motor vehicle designed or used to transport passengers or property if the vehicle:

    (a) has a gross vehicle weight rating of twenty-six thousand one or more pounds;

    (b) is designed to transport sixteen or more persons, including the driver; or

    (c) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F. See South Carolina Code 56-1-2030
  • Controlled substance: means a substance classified under Section 102(6) of the Controlled Substances Act (21 U. See South Carolina Code 56-1-2030
  • Conviction: means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any of these offenses, and which conviction or forfeiture is required to be reported to the licensing authority. See South Carolina Code 56-1-630
  • conviction: as used in this article shall also include the entry of any plea of guilty, the entry of any plea of nolo contendere and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 56-1-710
  • Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. See South Carolina Code 56-1-2030
  • Data: means any information related to the site of submerged archaeological historic property or submerged paleontological property which includes, without limitation, artifactual and/or paleontological material, remote sensing survey charts, magnetic tape records of positions, site maps, feature plans, photographs, measurements, and historical documentation. See South Carolina Code 54-7-620
  • Data recovery: means a systematic study carried out in accordance with a research plan which may include data collection, excavation, and artifact or fossil recovery. See South Carolina Code 54-7-620
  • Day: means a twenty-four hour period beginning at 12:00 midnight. See South Carolina Code 54-7-620
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Disqualification: means a withdrawal of the privilege to drive a commercial motor vehicle. See South Carolina Code 56-1-2030
  • Drive: means to drive, operate, or be in physical control of a motor vehicle. See South Carolina Code 56-1-2030
  • Driver: means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license. See South Carolina Code 56-1-2030
  • employee: includes a person holding a resident or nonresident commercial motor vehicle driver's license employed by an employer described in subsection (2) who performs a safety sensitive function, or an owner-operator subject to testing by a consortium or third party administrator who performs drug and alcohol testing services pursuant to 49 C. See South Carolina Code 56-1-2210
  • Employer: means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. See South Carolina Code 56-1-2030
  • employer: includes all motor carriers or employers who employ drivers who operate commercial motor vehicles and who are required to have a drug and alcohol testing program pursuant to the Federal Motor Carrier Safety Regulations, 49 C. See South Carolina Code 56-1-2210
  • Endorsement: means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers. See South Carolina Code 56-1-2030
  • Excavation: means the process of moving, removing, or disturbing bottom sediments to expose submerged archaeological historic property or submerged paleontological materials. See South Carolina Code 54-7-620
  • Federally related transaction: means any real estate-related financial transaction which a federal financial institution regulatory agency engages in, contracts for, or regulates. See South Carolina Code 40-60-20
  • Felony: means an offense under state or federal law that is punishable by death or imprisonment for more than one year. See South Carolina Code 56-1-2030
  • Field archaeologist: means a professional archaeologist selected by the licensee and approved by the institute to supervise operations under a license. See South Carolina Code 54-7-620
  • Field paleontologist: means a paleontologist selected by the licensee and approved by the museum to supervise operations under a license. See South Carolina Code 54-7-620
  • Fleet: means fifty or more marked private passenger motor vehicles or property carrying vehicles with empty weight of not more than twenty-two thousand pounds and a gross vehicle weight of not more than twenty-six thousand pounds, owned or long-term leased by a corporation or other legal entity, and registered in this State pursuant to this article. See South Carolina Code 56-3-1010
  • fossil recovery: means the recovery of paleontological materials by hand or through excavation. See South Carolina Code 54-7-620
  • Gross vehicle weight rating: means the weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. See South Carolina Code 56-1-2030
  • Handicapped: means a person as defined in Section 56-3-1910. See South Carolina Code 56-3-1950
  • Hazardous materials: means any material that has been designated as hazardous under 49 C. See South Carolina Code 56-1-2030
  • Historic property: means a district, site, building, structure, or object significant in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State, including artifacts, records, and remains related to the district, site, building, structure, or object. See South Carolina Code 54-7-620
  • identifying code: means a symbol, number, or letter of the alphabet developed by the department to identify a person convicted of or pleading guilty or nolo contendere to a crime of violence as defined in Section 16-23-10(3) on or after July 1, 2011. See South Carolina Code 56-1-148
  • Immediate environment: means that area surrounding a submerged archaeological historic property or submerged paleontological site which, if disturbed, could result in substantive injury to the property, including, without limitation, the debris field. See South Carolina Code 54-7-620
  • Institute: means the South Carolina Institute of Archaeology and Anthropology. See South Carolina Code 54-7-620
  • Intensive survey: means a field and archival investigation of an area designed to gather and identify fully information about submerged archaeological historic properties sufficient to evaluate them in relation to National Register criteria of significance within specific historical contexts. See South Carolina Code 54-7-620
  • Licensee: means any person or entity authorized to perform certain recovery operations from a submerged archaeological historic property or submerged paleontological property under the provisions of this article by the South Carolina Institute of Archaeology and Anthropology. See South Carolina Code 54-7-620
  • Market analysis: means a study of real estate market conditions for a specific type of property. See South Carolina Code 40-60-20
  • Mass appraisal: means the process of valuing a universe of properties as of a given date using standard methodology, employing common data, and allowing for statistical testing. See South Carolina Code 40-60-20
  • Mass appraiser: means any appraiser who is employed in the office of a tax assessor to appraise real property for ad valorem tax purposes and who is licensed or certified as a mass appraiser. See South Carolina Code 40-60-20
  • Monitoring archaeologist: means an underwater archaeologist selected by the institute for the purpose of monitoring work activity under a license issued by the institute. See South Carolina Code 54-7-620
  • Monitoring paleontologist: means a paleontologist or Natural History Curator selected by the museum commission for the purpose of monitoring work activity under a license issued by the institute. See South Carolina Code 54-7-620
  • Motor vehicle: means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs. See South Carolina Code 56-1-2030
  • National Register: means the National Register of Historic Places maintained by the Secretary of the United States Department of the Interior. See South Carolina Code 54-7-620
  • Out-of-service order: means declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR Sections 386. See South Carolina Code 56-1-2030
  • Paleontological property: means paleontological material or any site which contains paleontological material. See South Carolina Code 54-7-620
  • Party state: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See South Carolina Code 56-1-630
  • Person: means an individual, corporation, partnership, or association, foreign and domestic. See South Carolina Code 40-60-20
  • Person: includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group. See South Carolina Code 52-5-100
  • Person: means an individual, partnership, corporation, association, organized group of persons, or any other legal entity. See South Carolina Code 54-7-620
  • Preservation: means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a submerged archaeological historic property or a submerged paleontological property. See South Carolina Code 54-7-620
  • Primary scientific value: means any submerged archaeological historic property or submerged paleontological property which:

    (a) yields or may yield information of great importance or significance to state, regional, national or international history or prehistory. See South Carolina Code 54-7-620
  • Real estate: means an identified parcel or tract of land including improvements, if any. See South Carolina Code 40-60-20
  • Real estate appraisal activity: means the act or process of performing an appraisal and preparing an appraisal report. See South Carolina Code 40-60-20
  • Real property: means the interests, benefits, and rights inherent in the ownership of real estate. See South Carolina Code 40-60-20
  • Reconnaissance survey: means a limited archival and field investigation, designed and accomplished in sufficient detail to make generalizations about the type, distribution, and value of an area's submerged archaeological historic properties or submerged paleontological sites, which may include data collection but may not include excavation, data recovery, or artifact recovery. See South Carolina Code 54-7-620
  • Restriction: means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle. See South Carolina Code 56-1-2030
  • School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary students from home to school, from school to home, or to and from school-sponsored events. See South Carolina Code 56-1-2030
  • Site: means :

    (a) the location of an event, a prehistoric or historic occupation or activity, or a building or structure including a shipwreck, whether standing, ruined, or vanished, and its debris field where the location itself maintains historical or archaeological value regardless of the value of any existing structure;

    (b) the location of an accumulation of paleontological material where the location itself maintains paleontological value. See South Carolina Code 54-7-620
  • State: means the State of South Carolina. See South Carolina Code 54-7-620
  • State: means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada. See South Carolina Code 56-1-2030
  • State Museum: means the South Carolina Museum Commission authorized by this article as custodians of paleontological materials. See South Carolina Code 54-7-620
  • State Underwater Archaeologist: means a person appointed by the Director of the South Carolina Institute of Archaeology and Anthropology who administers this article. See South Carolina Code 54-7-620
  • State-certified general appraiser: means an appraiser authorized to engage in the appraisal of all types of real property. See South Carolina Code 40-60-20
  • State-certified general mass appraiser: means an appraiser authorized to engage in all types of real estate mass appraisal activity for ad valorem purposes. See South Carolina Code 40-60-20
  • State-certified residential appraiser: means an appraiser authorized to engage in the appraisal of one to four residential units without regard to transaction value or complexity and nonresidential appraisals with a transaction value less than two hundred fifty thousand dollars. See South Carolina Code 40-60-20
  • State-certified residential mass appraiser: means an appraiser authorized to engage in the mass appraisal of one to four residential units without regard to value or complexity and nonresidential appraisals with a transaction value less than two hundred fifty thousand dollars. See South Carolina Code 40-60-20
  • State-licensed appraiser: means an appraiser authorized to engage in the appraisal of noncomplex one to four residential units having a transaction value less than one million dollars and complex one to four residential units and nonresidential appraisals having a transaction value less than two hundred fifty thousand dollars. See South Carolina Code 40-60-20
  • Structure: means a constructed work made up of interdependent and interrelated parts in a definite pattern of organization. See South Carolina Code 54-7-620
  • Submerged: means beneath or substantially beneath the territorial waters of the State or submerged at mean low tide. See South Carolina Code 54-7-620
  • Submerged archaeological historic property: means any site, vessel, structure, object, or remains which:

    (a) yields or is likely to yield information of significance to scientific study of human prehistory, history, or culture; and

    (b)(i) is embedded in or on submerged lands and has remained unclaimed for fifty years or longer; or

    (ii) is included in, or has been determined, or may be eligible for inclusion in the National Register of Historic Places. See South Carolina Code 54-7-620
  • Submerged lands: means lands beneath or substantially beneath the territorial waters of the State or which are submerged at mean low tide. See South Carolina Code 54-7-620
  • Submerged paleontological property: means any object or assemblage of objects found in a paleontological context which yield or are likely to yield information of significance to the scientific study or educational potential of the past faunal diversity, past environments, geologic time, or other paleontological concerns. See South Carolina Code 54-7-620
  • Substantive injury: means any action or influence which causes a change in the archaeological or paleontological context, the structural integrity, or the physical condition of a site as to render it more vulnerable to loss, damage, destruction, or diminution of historic or paleontological value. See South Carolina Code 54-7-620
  • Timberland: means forestland that is producing or is capable of producing timber as a crop. See South Carolina Code 40-60-20
  • Undertaking: means an activity by the institute or South Carolina Museum Commission that would otherwise require a license under this article. See South Carolina Code 54-7-620
  • United States: means the fifty states and the District of Columbia. See South Carolina Code 56-1-2030
  • USPAP: means the National Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation and adopted by the board. See South Carolina Code 40-60-20
  • Valuation: means an estimate of the value of real estate or real property. See South Carolina Code 40-60-20
  • valuation assignment: means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion that estimates the value of real estate. See South Carolina Code 40-60-20