reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-70. Duties of licensees to purchasers of hearing aids.

(A) A person who engages in the practice of specializing in hearing aids shall deliver to a person supplied with a hearing aid a receipt which contains the licensee's signature and business address, the number of his license, specifications as to the make and model of the hearing aid furnished, and full terms of the sale clearly stated. If an aid which is not new is sold, the receipt and its container must be marked clearly as "used" or "reconditioned", whichever is applicable, with terms of guarantee, if any.
(B) The purchaser must be advised at the outset of his relationship with the hearing aid specialist that an examination or a representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State.
(C) A person engaged in the practice of specializing in hearing aids shall comply with federal regulations, 21 CFR 801, or related amendments to the regulations. He may not sell a hearing aid to a prospective user under eighteen years of age unless he presents to the dealer a written statement signed by a licensed physician stating that the patient's hearing loss has been evaluated medically, and the patient may be considered a candidate for a hearing aid. This evaluation must have taken place within the preceding six months.
HISTORY: 1962 Code Section 56-745.3; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-80. Persons to whom chapter inapplicable; selling and fitting of hearing aids incorporated in eyeglasses.

(A) This chapter does not:
(1) prevent a person from engaging in the practice of measuring human hearing for the purpose of selection of hearing aids if the person or organization employing him does not sell hearing aids or their accessories except for earmolds used only for audiologic evaluation;
(2) apply to a physician or audiologist licensed to practice in South Carolina;
(3) apply to an audiologist or another person while he is engaged in the practice of recommending hearing aids if his practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public, charitable institution or nonprofit organization which primarily is supported by voluntary contributions, if this organization does not sell hearing aids or accessories.
(B) On the selling and fitting of hearing aids located in the temples of glasses, licensees may not make facial measurements or adapt, fit, or adjust lenses or frames under this chapter, except for the replacement of temples by those incorporating hearing aid components, unless legally qualified to do so under other South Carolina statutes.
HISTORY: 1962 Code Section 56-745.4; 1971 (57) 1012; 1992 Act No. 312, Section 1; 1994 Act No. 337, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-90. Applicants for whom examinations are not required.

For six months after January 1, 1972, an applicant for a license must be issued one without examination if the applicant:
(1) principally has been engaged as a hearing aid specialist for at least two years within a period of five years immediately before January 1, 1972;
(2) is a resident of South Carolina and is of good moral character;
(3) is twenty-one years of age or older;
(4) is free of contagious or infectious disease.
HISTORY: 1962 Code Section 56-745.5; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-100. Issuance of licenses; fees; issuance of certificates to persons licensed in other states.

(A) The department shall register each applicant without discrimination or examination who satisfactorily passes the experience requirement in Section 40-25-90 or passes an examination in Section 40-25-110 and upon the applicant's payment of a fee set by the department through regulation shall issue to the applicant a license signed by the department. The license is effective for one year and expires one year after it is issued.
(B) When the commission determines that another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter and that the state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department may issue certificates of endorsement to applicants who hold current unsuspended and unrevoked certificates or licenses to fit and sell hearing aids in the other state or jurisdiction if the applicant is twenty-one years of age. Applicants for certificate of endorsement are not required to submit to or undergo a qualifying examination, other than the payment of fees pursuant to this chapter. The holder of a certificate of endorsement must be registered in the same manner as licensees. The fee for issuance of a license based upon an initial certificate of endorsement is the same as the fee for an initial license. Fees, grounds for renewal, and procedures for the suspension and revocation of certificates of endorsement and licenses are the same.
HISTORY: 1962 Code Section 56-745.6; 1971 (57) 1012; 1972 (57) 2333; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-110. Qualifications of applicants for examinations; conduct of examinations.

(A) An applicant may obtain a license by successfully passing a qualifying examination if he:
(1) is at least twenty-one years of age;
(2) has an education equivalent to a four-year course in an accredited high school.
(B) [Reserved]
(C) An applicant for license by examination shall appear at a time, place, and before persons the department may designate to be examined by means of written and practical tests in order to demonstrate that he is qualified to engage in the practice of specializing in hearing aids. The examination administered as directed by the department constituting standards for licensing must not be conducted so that college training is required to pass the examination. Nothing in this examination may imply that the applicant possess the degree of medical competence normally expected of physicians. If an applicant fails the practical portion of the examination, he may appeal to the commission.
(D) The department shall give examinations at least once a year.
HISTORY: 1962 Code Section 56-745.7; 1971 (57) 1012; 1992 Act No. 312, Section 1; 1994 Act No. 337, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-120. Temporary permits.

(A) A person who fulfills the requirements regarding age and education in Section 40-25-110 may obtain a temporary permit upon application to the department. Previous experience or a waiting period is not required to obtain a temporary permit.
(B) Upon receiving an application under this section accompanied by a fee set by the department through regulation, the department shall issue a temporary permit which entitles the applicant to engage in the fitting and sale of hearing aids for one year. A person holding a valid hearing aid specialist license shall supervise and train the applicant, maintain adequate personal contact, and make quarterly reports to the department about the performance of the person holding the temporary permit.
(C) If a person who holds a temporary permit under this section has not passed successfully the licensing examination within one year from the date of issuance, the temporary permit, may be renewed or the applicant may be permitted to reapply at a later date.
HISTORY: 1962 Code Section 56-745.8; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-130. Content of examination.

The qualifying examination in Section 40-25-110 must be designated to demonstrate the applicant's adequate technical qualifications by:
(1) tests of knowledge in the following areas as they pertain to the practice of specializing in hearing aids:
(a) basic physics of sound;
(b) anatomy and physiology of the ear;
(c) function of hearing aids;
(2) practical tests of proficiency in the following techniques as they pertain to the fitting of hearing aids:
(a) pure tone audiometry, including air conduction testing and bone conduction testing;
(b) live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;
(c) masking when indicated;
(d) recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing aid;
(e) taking earmold impressions.
HISTORY: 1962 Code Section 56-745.9; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-140. Business addresses of licensees; notices mailed by department.

(A) A person who holds a license shall notify the department in writing of the regular address of the place where he engages or intends to engage in the practice of specializing in hearing aids.
(B) The department shall keep a record of the place of business of licensees.
(C) Notice required to be given by the department to a person who holds a license must be mailed to him by certified mail at the address of the last place of business of which he has notified the department.
HISTORY: 1962 Code Section 56-745.10; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-150. Renewal of licenses; display at place of business; continuing education requirements; approval of continuation education training programs.

(A) A person who engages in the practice of specializing in hearing aids before the license expiration date shall pay to the department a fee set by the department through regulation for issuance or a renewal of his license. The license must be posted conspicuously in his office or place of business. Where more than one office is operated by the licensee, duplicate licenses must be issued by the department for posting in each location. A thirty-day grace period is allowed after the license expiration date during which licenses may be renewed on payment of a fee set by the department through regulation. After expiration of the grace period, the department may renew the certificates upon payment of a fee set by the department through regulation. No person who applies for renewal whose license has expired is required to submit to examination as a condition to renewal, if the renewal application is made within two years from the date of the expiration.
(B) A licensee or temporary permit holder shall maintain a progressing level of professional competence by participation during the previous year of licensing in educational programs designed to keep the licensee informed of changes, current practices, and developments pertaining to the fitting of hearing aids and rehabilitation as appropriate to hearing aid use.
(C) The licensee annually shall submit to the commission proof of having participated in a minimum of eight hours of continuing education during the previous year of licensing. The requirement may be fulfilled by attending and participating in training activities approved by the commission and those accredited by the International Hearing Society, unless disapproved by the commission.
(D) A person or organization desiring to conduct continuing education training programs shall submit the programs to the commission for approval before presentation. The commission shall develop procedures for submitting these requests and for approving or disapproving them.
(E) Failure to complete the minimum educational requirements results in a license suspension until the requirements are met. The commission, upon sufficient cause shown by the licensee, may allow the licensee to make up the necessary hours during the next year of licensing. The make-up allowance does not waive the full annual requirements for continued education.
HISTORY: 1962 Code Section 56-745.11; 1971 (57) 1012; 1982 Act No. 448, Section 1; 1986 Act No. 441; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-170. Appeal.

(A) The final order of the department in proceedings for the suspension or revocation of certificates of registration are subject to review by the circuit court of Richland County, the county in which the registrant has his principal place of business, or the county in which the books and records of the department are kept. Other final orders of the department under this chapter are subject to review in the same courts.
(B) Appeals to the circuit court must be upon the original records before the department, and the court in its discretion may affirm, reverse, or modify an order made by the department.
HISTORY: 1962 Code Section 56-745.13; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-180. Prohibited acts.

No person may:
(1) sell, barter, or offer to sell or barter a license;
(2) purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to engage in the practice of specializing in hearing aids;
(3) alter a license with fraudulent intent;
(4) use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited, or materially altered;
(5) wilfully make a false statement in an application for license or application for renewal of license.
HISTORY: 1962 Code Section 56-745.14; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 25 - Practice Of Specializing In Hearing Aids Act › Section 40-25-190. Penalties.

A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
HISTORY: 1962 Code Section 56-745.18; 1971 (57) 1012; 1992 Act No. 312, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 26 - Commercial Inspectors › Section 40-26-10. Definitions.

When used in this chapter:
(1) "Board" means the State Licensing Board for Contractors (excluding mechanical contractors), the State Board of Architectural Examiners, or the State Board of Registration for Professional Engineers (excluding land surveyors), as is applicable to the person performing a commercial inspection.
(2) "Commercial inspection" means the rendering of a written or oral report, for compensation of any sort, as to the condition of the construction or improvements to a commercial structure, including, but not limited to, structural problems and conditions, visible damage, safety problems or deterioration, and equipment and systems that are visible and readily accessible. Commercial inspection does not include a contract or proposal for design, repair, renovation, or remodeling of the improvements to a commercial structure. The parties to an agreement for a commercial inspection may limit or expand the scope of the inspection by agreement.
(3) "Commercial inspector" means a natural person licensed, registered, or certified pursuant to Chapter 3 of this title or a natural person licensed as a general contractor pursuant to Chapter 11 of this title or a natural person licensed or registered as a professional engineer pursuant to Chapter 22 of this title, and who, for compensation of any sort, performs a commercial inspection.
(4) "Commercial structure" means a building, highway, sewer, improvement, reimprovement, or structure, or part thereof, which is not a residence as defined in Article 3 of Chapter 59 of Title 40.
HISTORY: 1994 Act No. 463, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 26 - Commercial Inspectors › Section 40-26-20. Commercial inspectors must be licensed, registered, or certified; licenses for groups prohibited.

(A) No person may engage in or transact any commercial inspection business, or hold himself out to the public as a commercial inspector, or offer to engage in or transact any commercial inspection business in this State, unless the person is licensed, registered, or certified pursuant to Chapter 3 of this title or is licensed as a general contractor pursuant to Chapter 11 of this title or is licensed or registered as a professional engineer pursuant to Chapter 22 of this title.
(B) A person engaged in the business of performing commercial inspections on the date this chapter becomes effective who is not, on that date, qualified under the terms of this chapter to perform commercial inspections is allowed ninety days from such effective date to comply with the provisions of this chapter for the purpose of qualifying to perform commercial inspections.
(C) No license shall be issued under the provisions of this chapter to a partnership, association, corporation, firm, or group. However, nothing in this chapter precludes a person licensed pursuant to Chapter 3 of this title or licensed as a general contractor pursuant to Chapter 11 of this title or licensed or registered as a professional engineer pursuant to Chapter 22 of this title from performing commercial inspections for or on behalf of a partnership, association, corporation, firm, or group or from entering into contracts or enforcing contracts as a partnership, association, corporation, firm, or group.
HISTORY: 1994 Act No. 463, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 26 - Commercial Inspectors › Section 40-26-30. Applicability of chapter.

The provisions of this chapter do not apply to:
(A) a person employed by the State of South Carolina or any political subdivision of the State as a code enforcement official when acting within the scope of that employment;
(B) a person inspecting a commercial structure exclusively for the use of a bank, savings and loan association, or credit union, unless otherwise required by federal law or regulation.
HISTORY: 1994 Act No. 463, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 26 - Commercial Inspectors › Section 40-26-40. Disciplinary action for violations.

A violation of this chapter is considered a violation against the person's license, registration, or certification and subjects the person to disciplinary action by the board under which the person is licensed, registered, or certified.
HISTORY: 1994 Act No. 463, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 26 - Commercial Inspectors › Section 40-26-50. Prohibited conduct; unlicensed inspectors prohibited from enforcing contract.

(A) Any person who is licensed, registered, or certified pursuant to Chapter 3 of this title or who is licensed as a general contractor pursuant to Chapter 11 of this title or who is licensed or registered as a professional engineer pursuant to Chapter 22 of this title and who performs a commercial inspection is prohibited from engaging in any of the following conduct:
(1) making a false or misleading statement in that portion of a written report that deals with professional qualifications or in any testimony concerning professional qualifications;
(2) any act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit a commercial inspector or other person or with the intent to substantially injure another person;
(3) any act of fraud, misrepresentation, or deceit in the making of a commercial inspection;
(4) payment of a finder's fee or a referral fee to any person in connection with an inspection of a commercial structure;
(5) failure or refusal without good cause to exercise reasonable diligence in developing a commercial inspection report, preparing a report, or communicating a report;
(6) accepting a commercial inspection assignment when the employment itself is contingent upon the commercial inspector reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, the conclusions, analysis, or report reached or upon the consequences resulting from such assignment;
(7) the performing of any improvement to a commercial structure upon which the commercial inspector performed a commercial inspection within the previous twelve months;
(8) committing an act, or acts, of malpractice, gross negligence, or incompetence in the performance of commercial inspections;
(9) practicing as a commercial inspector without a current license, registration, or certification issued pursuant to Chapter 3 of this title or issued pursuant to Chapter 11 of this title for a general contractor or issued pursuant to Chapter 22 of this title for a professional engineer;
(10) engaging in conduct that could result in harm or injury to the public.
(B) A commercial inspector who is not duly licensed, certified, or registered as required by this chapter may not bring any action either at law or in equity to enforce the provisions of any contract for a commercial inspection which he entered into in violation of this chapter.
HISTORY: 1994 Act No. 463, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 26 - Commercial Inspectors › Section 40-26-60. Inspectors to determine applicable building code provisions.

When an inspection report includes a deficiency that is alleged to be a building codes violation, the inspector is responsible for determining the construction dates and building codes in effect at the time of construction and must conduct the inspection using the building codes in effect at the time of construction.
HISTORY: 1994 Act No. 463, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-10. Record of purchases; nonferrous metals.

A person or entity buying junk other than junk that consists of nonferrous metals, as defined by Section 16-17-680, or vehicles shall keep a book that the person or entity shall keep open to the inspection of all persons, wherein the person or entity shall set down the name and address, city, and street of every person selling junk and an itemized statement of all junk bought from such persons and the purchase dates. A person or entity buying junk that consists of nonferrous metals, as defined by Section 16-17-680, is subject to the provisions of Section 16-17-680. A person or entity buying junk that consists of vehicles is subject to the provisions of Sections 56-5-5670 and 56-5-5945.
HISTORY: 1962 Code Section 56-751; 1952 Code Section 56-751; 1942 Code Section 7138; 1932 Code Section 7138; Civ. C. '22 Section 3954; 1913 (28) 209; 2009 Act No. 26, Section 4; 2012 Act No. 242, Section 3, eff December 15, 2012.
Editor's Note
2012 Act No. 242, Section 13, provides as follows:
"Subsection (H) of Section 56-5-5670 of the 1976 Code as contained in SECTION 8 and subsection (H) of Section 56-5-5945 of the 1976 Code as contained in SECTION 9 take effect upon approval by the Governor. All other provisions of this act take effect one hundred eighty days after approval by the Governor."
Effect of Amendment
The 2012 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-20. Junk required to be kept for certain period of time and open for inspection.

A person or entity shall keep each article of junk purchased other than junk that consists of nonferrous metals, as defined by Section 16-17-680, and vehicles for a period of seventy-two hours following the purchase and shall keep the junk open to the inspection of all persons. A person or entity buying junk that consists of nonferrous metals, as defined by Section 16-17-680, is subject to the provisions of Section 16-17-680. A person or entity buying junk that consists of vehicles is subject to the provisions of Sections 56-5-5670 and 56-5-5945.
HISTORY: 1962 Code Section 56-752; 1952 Code Section 56-752; 1942 Code Section 7139; 1932 Code Section 7139; Civ. C. '22 Section 3955; 1913 (28) 209; 2012 Act No. 242, Section 4, eff December 15, 2012.
Editor's Note
2012 Act No. 242, Section 13, provides as follows:
"Subsection (H) of Section 56-5-5670 of the 1976 Code as contained in SECTION 8 and subsection (H) of Section 56-5-5945 of the 1976 Code as contained in SECTION 9 take effect upon approval by the Governor. All other provisions of this act take effect one hundred eighty days after approval by the Governor."
Effect of Amendment
The 2012 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-40. Penalties.

A person violating a provision of this article shall be fined a sum not exceeding five hundred dollars or imprisoned not exceeding thirty days. Each violation constitutes a separate offense.
HISTORY: 1962 Code Section 56-753; 1952 Code Section 56-753; 1942 Code Section 7140; 1932 Code Section 7140; Civ. C. '22 Section 3956; Cr. C. '22 Section 295; 1913 (28) 209; 2009 Act No. 26, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-110. "Motor vehicle junk yard" defined.

The term "motor vehicle junk yard" shall include any place of storage or deposit, whether in connection with another business or not, which displays, or in or upon which are displayed, to view from the public highway two or more unregistered motor vehicles which are unfit for reconditioning for use on the public highways, used parts of motor vehicles, old iron, metal, glass, paper, cordage or other waste, discarded or secondhand material which has been a part or is intended to be a part of any motor vehicles, the sum of which parts or material shall be equal in bulk to two or more motor vehicles.
HISTORY: 1962 Code Section 56-761; 1952 Code Section 56-761; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-120. Annual license fee.

In all counties of this State containing a city having more than seventy thousand population, according to the then most recent United States official census, there is hereby levied and imposed an annual license fee upon all motor vehicle junk yards which are located within fifty feet of the right of way of any state highway or county road or which shall be visible from any such highway or road, such license to be graduated according to the area occupied by each such motor vehicle junk yard at the rate of one hundred and fifty dollars per acre. Such license fee shall be due and payable on or before July first of each year.
HISTORY: 1962 Code Section 56-762; 1952 Code Section 56-762; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-130. Furnishing of list of junk yards to county treasurer.

The board of assessment and equalization in each such county shall furnish to the county treasurer on or before the first day of March in each year a list of all junk yards required to procure a license under this article and to pay the license fee herein imposed, together with the acreage of the area occupied by each such motor vehicle junk yard.
HISTORY: 1962 Code Section 56-763; 1952 Code Section 56-763; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-140. Payment of fee; issuance of license.

Such license fees shall be payable to the county treasurer of the county in which the motor vehicle junk yard shall be located. Upon receipt of such fees the county treasurer shall issue to the person paying it a receipt which shall constitute the license of such person to conduct such business for the current calendar year.
HISTORY: 1962 Code Section 56-764; 1952 Code Section 56-764; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-150. Collection of delinquent license fees.

In the case of any such motor vehicle junk yard for which no license fee has been paid on or before July first of the preceding year, the county treasurer shall issue his execution to the sheriff for the collection of the license fee due hereunder, together with the same costs and penalties as are provided by law in the case of county taxes, and the sheriff shall enforce such execution and collect it in the manner provided by law for the collection of executions for county taxes.
HISTORY: 1962 Code Section 56-765; 1952 Code Section 56-765; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-160. Notice to magistrate of nonpayment of license fee.

When the county treasurer shall issue his execution to the sheriff under the provisions of Section 40-27-150, he shall also notify the magistrate having jurisdiction over the territory in which such junk yard shall lie that the license fee herein imposed has not been paid by the person operating such junk yard and such magistrate shall institute proceedings under Section 40-27-170 for the enforcement of the provisions of this article.
HISTORY: 1962 Code Section 56-766; 1952 Code Section 56-766; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 27 - Junk Dealers › Section 40-27-170. Penalties.

Any person owning, operating or conducting a motor vehicle junk yard in any such county without obtaining a license, as herein provided, and paying the license fee herein levied and imposed on or before the time fixed in this article for the payment thereof shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars or imprisoned for not more than thirty days. Each day upon which any such violation occurs shall constitute a separate offense.
HISTORY: 1962 Code Section 56-767; 1952 Code Section 56-767; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-5. Application of other provisions to this chapter.

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to the profession regulated under this chapter.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-10. Board of Landscape Architectural Examiners; creation; appointment of members; terms.

(A) There is created the Board of Landscape Architectural Examiners. The Department of Labor, Licensing and Regulation shall administer the provisions of this chapter.
(B) The Governor shall appoint a board of five licensed landscape architects and two members of the general public.
(C) A professional member of the board must be a licensed landscape architect who has been actively engaged in the practice of landscape architecture for a period of at least five years and who has been responsible for landscape architecture for at least three years. The two members of the public may not be engaged in the practice of landscape architecture, have no financial interest in the profession of landscape architecture, and have no immediate family member in the profession of landscape architecture.
(D) At the end of their respective terms, successors must be selected in the same manner and appointed for terms of four years and until their successors are appointed and qualify. The Governor may replace a board member for cause. An appointment to fill a vacancy on the board is for the balance of the unexpired term in the manner of the original appointment.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698, Sections 3, 4, 6; 1990 Act No. 372, Section 3; 1993 Act No. 181, Section 899; 1976 Code Sections 40-28-30, 40-28-40, 40-28-60.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-30. Licensure; qualifications.

(A) In order to safeguard public welfare, health, and property and to promote public good, a person practicing or offering to practice landscape architecture privately or in public service must submit evidence that he is qualified to practice and must become licensed as provided in this chapter. It is unlawful for a person to practice landscape architecture or to use the term or title "Landscape Architect" unless duly licensed under the provisions of this chapter.
(B) To be licensed as a landscape architect in this State an applicant must be able to read and write the English language and:
(1) be a graduate of an accredited landscape architectural curriculum approved by the department and have had two years of varied landscape architectural experience under the supervision of a landscape architect licensed under this chapter or other qualified person, or experience approved by the board, and satisfactorily pass the written examination administered by the Council of Landscape Architectural Registration Boards or an equivalent examination;
(2) be a graduate of a nonaccredited curriculum or a four-year college with a degree in a related field, as considered appropriate by the board and have had at least five years of varied landscape architectural experience under the supervision of a landscape architect licensed under this chapter, or other qualified person, or experience approved by the board, and satisfactorily pass the written examination administered by the Council of Landscape Architectural Registration Boards or an equivalent examination;
(3) hold a license to practice landscape architecture issued upon examination by a legally constituted board of examiners of another state or the District of Columbia, or a territory or possession of the United States and if requirements of the state, district, territory, or possession in which the applicant is licensed are substantially equivalent to those of this State; or
(4) submit certification documents from the Council of Landscape Architectural Registration Boards (CLARB) verifying his qualifications for licensure, and an individual holding such a certification may be accepted at the discretion of the department.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698, Sections 2, 11, 13; 1993 Act No. 181, Section 899; 1980 Act No. 502, Section 2; 1990 Act No. 372, Section 6; 1993 Act No. 181, Section 899; 1976 Code Sections 40-28-20, 40-28-110, 40-28-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-40. Application form for licensure.

The department shall prescribe and furnish an application for licensure that an applicant must use to apply for a license under this chapter.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698, Section 4; 1990 Act No. 372, Section 3; 1993 Act No. 181, Section 899.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-50. Seal of landscape architect.

A landscape architect, upon licensure, shall obtain a seal of the design authorized by the board, bearing the name of the licensee, number of certificate or license, and the legend "South Carolina Registered Landscape Architect" or "South Carolina Licensed Landscape Architect". The seal only may be used while the licensee's certificate or license is in full force and effect. Nothing in this chapter may be construed to authorize the use or acceptance of the seal of the landscape architect in lieu of the seal of an architect, engineer, or surveyor.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698 Section 14; 1990 Act No. 372, Section 9; 1993 Act No. 181, Section 899; 1976 Code Section 40-28-140.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-60. Renewal of license; requirements; reinstatement of license after lapse; return to active practice of emeritus landscape architect.

(A) A license issued under this chapter must be renewed every two years on or before a date set by the department upon the payment of a renewal fee pursuant to Section 40-28-80 and evidence of twenty hours of continuing education as established by the board in regulation. An emeritus landscape architect is exempt from these continuing education requirements.
(B) A licensee who allows his or her license to lapse for less than one year by failing to renew the license in accordance with this section may be reinstated by the department upon satisfactory explanation by the licensee of failure to renew the license and upon payment of a reinstatement fee and the current renewal fee, as established by Section 40-28-80.
(C) If a license has lapsed for more than two years, the applicant must reapply for licensure. A person practicing as a landscape architect in this State during the time that his or her license has lapsed has engaged in unlicensed practice and is subject to penalties provided for in this chapter.
(D) An emeritus landscape architect who wishes to return to active practice shall complete continuing education requirements for an exempted renewal period, not to exceed a total of forty hours of continuing education and upon payment of a reinstatement fee and the current renewal fee, as established by Section 40-28-80.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698 Section 20; 1990 Act No. 372, Section 14; 1993 Act No. 181, Section 899; 1976 Code Section 40-28-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-80. Administration of licensure program by Department of Labor, Licensing and Regulation; annual fees.

(A) The program for licensure of landscape architects must be administered by the Department of Labor, Licensing and Regulation in accordance with Section 40-1-50.
(B) The department annually shall prescribe reasonable fees, not to exceed the following prescribed limits, in an amount sufficient to pay for the costs of administering the provisions of this chapter in the following categories:
(1) Initial license fee $50.00 (2) Annual license renewal fee $100.00 (3) Initial certificate of authorization fee $200.00 (4) Annual certificate of authorization renewal fee $200.00 (5) Temporary license fee $100.00 (6) Initial examination fee-cost of exam $200.00 (7) Examination retake fee-cost of section(s) $100.00 (8) File transfer fee $50.00 (9) Duplicate license/certificate fee $25.00 (10) Late fee $20.00
An additional amount not to exceed one hundred dollars may be charged each out-of-state applicant in each of the above categories.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698 Section 19; 1981 Act No. 129, Section 1; 1990 Act No. 372, Section 13; 1993 Act No. 181, Section 899; 1976 Code Section 40-28-190.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-90. Promulgation of regulations by board authorized.

The board may promulgate regulations necessary to carry out the provisions of this chapter.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698, Section 8; 1990 Act No. 372, Section 4; 1993 Act No. 181, Section 899; 1976 Code Section 40-28-80.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-100. Power of board or department to seek injunctive relief.

In addition to the powers provided in Chapter 1, Title 40, the board or department may apply in the name of the State for relief by injunction to enforce the provisions of this chapter or to restrain a violation of this section. In these proceedings, the party seeking injunctive relief need not allege or prove that no adequate remedy at law exists or that substantial or irreparable damage would result from the continued violation. A member of the board or employee of the department may not be personally liable under this proceeding.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698, Section 8; 1990 Act No. 372, Section 4; 1993 Act No. 181, Section 899; 1976 Code 40-28-80.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-120. Cease and desist orders and equitable relief.

Cease and desist orders and equitable relief may be obtained in accordance with Section 40-1-100.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-130. Grounds for disciplinary action.

In addition to the grounds provided in Section 40-1-110, a person holding a license or certificate under this chapter may be subject to discipline for:
(1) practicing in violation of the provisions of this chapter;
(2) obtaining the certificate or license by fraud or misrepresentation;
(3) aiding or abetting, in the practice of landscape architecture, a person not authorized to practice landscape architecture under the provisions of this chapter;
(4) being found guilty of fraud or deceit, negligence, wilful misconduct, or gross incompetence in the practice of landscape architecture; or
(5) affixing his seal to a plan, drawing, specification, or other instrument of service that has not been prepared by him or under his immediate and responsible direction or has permitted his name to be used for the purpose of assisting a person, not a landscape architect, to evade the provisions of this chapter.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Laws: 1976 Act No. 698 Section 18; 1990 Act No. 372, Section 12; 1993 Act No. 181, Section 899; 1976 Code Section 40-28-180.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-140. Board may impose sanctions for violations.

Upon determination by the board that one or more of the grounds for discipline exists, the board may impose a sanction pursuant to Sections 40-1-110 and 40-1-120.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-150. Denial of licensure.

The board may deny licensure to an applicant based on:
(1) the same grounds for which it may take disciplinary action against a licensee; and
(2) his prior criminal record as provided in Section 40-1-140.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-160. Voluntary surrender of license when under investigation for violation.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-170. Person found in violation to pay costs of investigation and prosecution.

A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case pursuant to Section 40-1-170.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-180. Payment of cost and fine for violation.

A cost and fine imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180. A person against whom a cost or fine is levied may not be eligible for the issuance or reinstatement of an authorization to practice until the cost or fine has been paid in full.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-190. Confidentiality of investigations and proceedings.

An investigation and proceeding conducted under this chapter is confidential and all communications are privileged as provided in Section 40-1-190.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 28 - Landscape Architects › Section 40-28-200. Department may institute civil action for injunctive relief, fine.

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this chapter or a regulation promulgated under this chapter. For a violation the administrative law judge may impose a fine of no more than ten thousand dollars.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.