South Carolina Code of Laws
Current through the end of the 2014 Session
The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General Assembly's website is now current through the 2014 session. The unannotated South Carolina Code, consisting only of Code text, numbering, and history, may be copied from this website at the reader's expense and effort without need for permission.
The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.
While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version.
Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify the Legislative Services Agency at LSA@scstatehouse.gov regarding any apparent errors or omissions in content of Code sections on this website, in which case LSA will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.
Title 38 - Insurance
Motor Vehicle Physical Damage Appraisers
SECTION 38-49-10. "Motor vehicle physical damage appraiser" defined.
As used in this chapter, "motor vehicle physical damage appraiser" means a person, partnership, association, or corporation which practices as a business the appraising of damages to motor vehicles insured under automobile physical damage policies or on behalf of third party claimants.
HISTORY: Former 1976 Code Section 38-49-10 [1947 (45) 322; 1952 Code Section 37-221; 1962 Code Section 37-221] recodified as Section 38-47-10 by 1987 Act No. 155, Section 1; Former 1976 Code Section 56-13-10 [1962 Code Section 46-750.91; 1972 (57) 2527] recodified as Section 38-49-10 by 1987 Act No. 155, Section 1.
SECTION 38-49-20. License required; fee; standards for qualification, suspension, or revocation of licenses and business methods.
No person may act as an appraiser for motor vehicle physical damage claims on behalf of an insurer or firm or corporation engaged in the adjustment or appraisal of motor vehicle claims unless he has secured first a license from the director or his designee and has paid a biennial license fee of eighty dollars fully earned when received, not refundable, transferable, nor proratable. The department may prescribe reasonable regulations concerning standards for qualification, suspension, or revocation of licenses and the methods by which licensees shall conduct their business.
HISTORY: Former 1976 Code Section 38-49-20 [1957 (50) 534; 1962 Code Section 37-221.1] recodified as Section 38-47-20 by 1987 Act No. 155, Section 1; Former 1976 Code Section 56-13-20 [1962 Code Section 46-750.92; 1972 (57) 2527] recodified as Section 38-49-20 by 1987 Act No. 155, Section 1; 1992 Act No. 501, Part II Section 11O; 1993 Act No. 181, Section 682.
SECTION 38-49-25. Applicant's business and residence address required; notice of change of address required.
When an individual applies for a motor vehicle physical damage appraiser's license he shall supply the Department his business and residence address. The appraiser shall notify the Department within thirty days of any change in these addresses.
HISTORY: 1988 Act No. 327, Section 4.
SECTION 38-49-30. Cancellation of license for nonpayment of fee; requirements for reinstatement.
If the biennial continuation license fee for an appraiser is not received when due, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee.
HISTORY: Former 1976 Code Section 38-49-30 [1947 (45) 322; 1952 Code Section 37-222; 1962 Code Section 37-222; 1981 Act No. 44 Section 2] recodified as Section 38-47-30 by 1987 Act No. 155, Section 1; New Section 38-49-30 enacted by 1987 Act No. 155, Section 1; 1992 Act No. 501, Part II Section 11P.
SECTION 38-49-40. Penalties.
Any person who violates this chapter is guilty of a misdemeanor and must, upon conviction, be fined an amount not to exceed five hundred dollars or imprisoned for a period not to exceed one year, or both.
HISTORY: Former 1976 Code Section 38-49-40 [1947 (45) 322; 1952 Code Section 37-225; 1962 Code Section 37-224; 1976 Act No. 612 Section 3] recodified as Section 38-47-40 by 1987 Act No. 155, Section 1; Former 1976 Code Section 56-13-40 [1962 Code Section 46-750.94; 1972 (57) 2527] recodified as Section 38-49-40 by 1987 Act No. 155, Section 1.