reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-262. Surety bonds in lieu of providing financial statements.

(A) In lieu of providing a financial statement showing a minimum net worth or working capital for a license group as required by Section 40-11-260, an applicant may provide a surety bond from a surety authorized to transact surety business in this State in the same amount as the net worth for the applicant's license group with his initial or renewal application.
(B) The surety bond provided in subsection (A) must:
(1) be continuous in form and must be maintained in effect for as long as the applicant maintains the license issued by the department or until the applicant submits a financial statement showing that he meets the net worth requirements for his license group as provided in Section 40-11-260;
(2) list the State of South Carolina as obligee for the bond;
(3) be for the benefit of any person who is damaged by an act or omission of the applicant constituting a breach of construction contract or a contract for the furnishing of labor, materials, or professional services for construction undertaken by the applicant, or by any unlawful act or omission of the applicant in performing construction; and
(4) be in addition to, and not in lieu of, any other surety bond required of the applicant by law or regulation, or by any party to a contract with the applicant.
(C) The surety bond provided in subsection (A) only may be canceled by notification to the board by the surety and the applicant thirty days prior to cancellation. When the surety bond is canceled, the licensee shall provide proof of net worth or working capital for his license group as required by Section 40-11-260 within ten days of cancellation or his license is suspended until written proof of net worth or working capital is provided.
(D) Claims may be filed against the bond on a form approved by the board in accordance with procedures established by the board in regulation.
(E) The board, upon a finding of a violation by a licensee or that an applicant is unable to meet the financial responsibility guidelines, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense, the repeated nature of the licensee's violations, or related to the financial condition of an applicant. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing.
HISTORY: 2018 Act No. 217 (H.4612), Section 1, eff May 18, 2018; 2023 Act No. 69 (H.4115), Section 10, eff May 19, 2023.
Effect of Amendment
2023 Act No. 69, Section 10, in (A), inserted "or working capital" following "minimum net worth" and substituted "in the same amount as the net worth" for "in an amount of two times the required net worth"; in (C), in the second sentence, inserted "or working capital" in two places; and added (E).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-265. Contractors who leave the State with unpaid debts and subsequently return; notarized statement to board; board authority to deny or revoke license.

Notwithstanding any other provision of law, a person who is or has been licensed pursuant to the provisions of this chapter who leaves this State with unpaid debts and subsequently returns to the State and seeks to become licensed in this State again, or to do business again in this State under the authority of a still-valid license previously issued under this chapter, shall file with the board a signed, notarized statement listing (1) all outstanding debts the person, or any subsidiary of the person, owes with respect to having done business previously in this State and (2) all bankruptcies which the person, or any subsidiary of the person, has been involved in at any time and place. The board is authorized to refuse to issue a license to the person, and is also authorized to revoke the person's still-valid license, as the case may be, based upon the information contained in the signed, notarized statement required by this section.
HISTORY: 1998 Act No. 313, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-270. Licensee confined to limitations of license group; display of license; licenses in more than one classification; use of unlicensed subcontractors.

(A) A licensee is confined to the limitations of the licensee's license group and license classifications or subclassifications as provided in this chapter.
(B) Each person holding a license in the mechanical contractor subclassification of air conditioning, heating, or packaged equipment shall display the mechanical contractor license in a conspicuous manner at his principal place of business.
(C) All commercial vehicles, used by mechanical contractors licensed in the subclassification of air conditioning, heating, or packaged equipment exclusively in the daily operation of their business, shall have prominently displayed on them the mechanical contractor license number issued by the Department of Labor, Licensing and Regulation. Each invoice and proposal form also shall contain the mechanical contractor license number.
(D) An entity may apply for and be licensed in more than one classification or subclassification if all qualifications for licensure prescribed by this chapter have been met. An applicant may apply for a license in more than one classification or subclassification on the same application form.
(E) Licensees may utilize the services of unlicensed subcontractors to perform work within the limitations of the licensee's license group and license classification or subclassification; provided, the licensee provides supervision. The licensee is fully responsible for any violations of this chapter resulting from the actions of unlicensed subcontractors performing work for the licensee.
HISTORY: 1998 Act No. 440, Section 1; 2016 Act No. 193 (H.4138), Section 1, eff May 26, 2016.
Effect of Amendment
2016 Act No. 193, Section 1, added (B) and (C), relating to display of license, and redesignated former (B) and (C) as (D) and (E).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-280. Change in license classification.

A licensee desiring a change in license classification or subclassification or license group shall apply for revision on a form approved by the board. Existing bidding limitations remain in effect until the revision has been approved by the department. The board may assess a penalty authorized by law against a licensee who undertakes or offers to undertake an improvement exceeding the limitations of the licensee's group.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-290. Licensure of applicant holding license in another state.

The board may grant a license or certificate to an applicant holding a license or certificate in good standing in another state whose requirements for licensure and certification are equal to or greater than those required by this chapter if the board has authorized an exam waiver agreement with the State. An applicant may exempt the technical examination required for certification if the applicant can verify passing an examination in another state which is essentially the same as the examination required by the department regardless of the absence of a reciprocal agreement with that state. An applicant for certification or licensure under this section may be required to pass the South Carolina Commercial Contractors Business, Law and Project Management examination, and must comply with all other licensing and certification requirements of this chapter.
HISTORY: 1998 Act No. 440, Section 1; 2023 Act No. 69 (H.4115), Section 11, eff May 19, 2023.
Effect of Amendment
2023 Act No. 69, Section 11, in the third sentence, substituted "South Carolina Commercial Contractors Business, Law and Project Management examination," for "South Carolina Code of Laws examination".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-300. Total cost of construction used to determine license group for project; work on project without required license.

(A) It is unlawful for an owner, a construction manager, a prime contractor, or another entity with contracting or hiring authority on a construction project to divide work into portions so as to avoid the financial or other requirements of this chapter as it relates to license classifications or subclassifications or license groups, or both. The total cost of construction must be used to determine the appropriate license group for a project.
(B) An entity or individual engaging in general or mechanical construction on a project without the required license or certificate must immediately withdraw from the construction project and may not act as a subcontractor on that construction project.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-310. Employee of entity barred from project subject to regulation or ownership by that entity.

No entity or employee of an entity who has the responsibility to regulate, inspect, approve, or certify construction shall engage in the construction of a project that is subject to regulation or ownership by that entity. This section does not apply to a member of the board when performing construction subject to this chapter or to contractors who are also performing construction management services for an owner.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-330. Joint Venture Bid.

Two or more licensed contractors may combine bids and submit a "Joint Venture Bid" if the contract does not exceed the highest license group limitations of the members in the joint venture. An unlicensed contractor may not be a party to a joint venture.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-340. Qualifications for acting as sole prime contractor.

An entity licensed under the classifications or subclassifications in Sections 40-11-410(1), (2), or (3) may act as a sole prime contractor on a project if forty percent or more of the work as measured by the total cost of construction falls under one or more of the licensee's license classifications or subclassifications. An entity licensed under the classifications or subclassifications in Section 40-11-410(4) and (5) may act as sole prime contractor if fifty-one percent or more of the work falls under one or more of the licensee's license classifications or subclassifications.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-350. Evidence of license as prerequisite to issuance of building permit; reporting violations.

A building official, or other authority charged with issuing building or other similar permits, of a county, municipality, or subdivision of a county or municipality shall refuse to issue a permit for an undertaking which would classify the applicant as a contractor under this chapter unless the applicant has furnished evidence that the applicant is either licensed as required by this chapter or exempt from the requirements of this chapter. A building official, or other authority charged with issuing building or other similar permits, shall report to the department the name and address of an entity believed to have violated this chapter by bidding or contracting for work which is regulated under this chapter.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-370. License required to use term "licensed contractor"; engaging in construction under assumed name; enforcement of contract.

(A) It is unlawful to use the term "licensed contractor" or to perform or offer to perform general or mechanical construction without first obtaining a license as required by this chapter.
(B) It is unlawful to engage in construction under a name other than the exact name which appears on the license issued pursuant to this chapter. "Engaging in construction" includes marketing, advertising, using site signs, and submitting contracts. This requirement does not include advertising on vehicles, which may use an abbreviated version of the license name so long as the advertising is not misleading.
(C) An entity which does not have a valid license as required by this chapter may not bring an action either at law or in equity to enforce the provisions of a contract. An entity that enters into a contract to engage in construction in a name other than the name that appears on its license may not bring an action either at law or in equity to enforce the provisions of the contract.
HISTORY: 1998 Act No. 440, Section 1; 2001 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-380. Notification of bankruptcy of licensee.

A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy shall notify the board within fifteen days and provide any and all information pertinent to the bankruptcy that the board may require.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-390. Repealed.

HISTORY: Former Section, titled Unlicensed entities engaging in general or mechanical construction prior to April 1, 1999, had the following history: 1998 Act No. 440, Section 1. Repealed by 2023 Act No. 69, Section 15, eff May 19, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-400. Repealed.

HISTORY: Former Section, titled Qualifying party certificates, had the following history: 1998 Act No. 440, Section 1. Repealed by 2023 Act No. 69, Section 16, eff May 19, 2023.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-420. Requirements for obtaining building permit; list of licensed contractors performing work on project.

(A) Building permits, when required by law, must be obtained by the sole prime contractor in the name appearing on that entity's contractor's license.
(B) When there is more than one prime contractor working with a construction manager, the building permit must be obtained by the construction manager in the name appearing on that entity's professional license, and the construction manager must list on the building permit application the names and license numbers of all known licensed contractors performing work on the project. The construction manager must also be identified as such on the permit application by name, license number, and type of license he holds.
(C) If there is more than one prime contractor and no construction manager or if the owner is performing work pursuant to Section 40-11-360(A)(5),(6), or (7), the owner must obtain the building permit and must list on the building permit application the name and license number of all licensed contractors performing work on the project.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-430. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are severable.
HISTORY: 1998 Act No. 440, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-520. Stay of action or arbitration.

If the claimant files a civil action or initiates an arbitration before first complying with the requirements of this article, on motion of a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this article.
HISTORY: 2006 Act No. 371, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-530. Notice of claim; contents; request for clarification.

(A) The claimant must serve a written notice of claim on the contractor, subcontractor, supplier, or design professional. The notice of claim must contain the following:
(1) a statement that the claimant asserts a construction defect;
(2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and
(3) a description of the results of the defect, if known.
(B) The contractor, subcontractor, supplier, or design professional must advise the claimant, within fifteen days of receipt of the claim, if the description of the claim or claims is not sufficiently stated and shall request clarification.
HISTORY: 2006 Act No. 371, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-540. Time for filing responses; inspection of defect and access to make repairs; time for reaching settlement.

(A) The contractor, subcontractor, supplier, or design professional has sixty days from service of the initial notice of claim to inspect, offer to remedy, offer to settle with the claimant, or deny, in whole or in part, the claim regarding the defects. Within sixty days from the service of the initial notice of claim, the contractor, subcontractor, supplier, or design professional shall serve written notice on the claimant of the contractor's, supplier's, or design professional's election pursuant to this section. The claimant shall allow inspection of the construction defect at an agreeable time, during normal business hours, to any party, if requested pursuant to this section. The claimant shall give the contractor, subcontractor, supplier, or design professional reasonable access to the property for inspection and if repairs have been agreed to by the parties, reasonable access to effect repairs. Failure to respond within sixty days is considered a denial of the claim.
(B) The claimant shall serve a response to the contractor's, subcontractor's, supplier's, or design professional's offer within ten days of receipt of the offer.
(C) If the parties cannot agree to settle the dispute pursuant to this article within ninety days after service of the initial notice of claim on the contractor, subcontractor, supplier, or design professional, the claim is considered denied and the claimant may proceed with a civil action or other remedy provided by contract or by law.
(D) An offer of settlement, repair, or remedy pursuant to this section is not admissible as evidence in any proceeding.
HISTORY: 2006 Act No. 371, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-550. Applicability to personal injury and death actions; indication of grant of stay on civil action cover sheet.

(A) This article does not apply to actions arising out of claims for personal injury, death, or both.
(B) South Carolina Court Administration is directed to develop a designation on the civil action cover sheet which indicates whether a stay has been granted for a civil action filed pursuant to this article.
HISTORY: 2006 Act No. 371, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-560. Mechanic's liens.

Notwithstanding the provisions of this article, a person may file and perfect a mechanic's lien in accordance with Chapter 5 of Title 29 of the South Carolina Code, and nothing in this article shall affect or impair a person's ability to preserve and protect his right to file, perfect, or foreclose on a mechanic's lien.
HISTORY: 2006 Act No. 371, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 11 - Contractors › Section 40-11-570. Statute of limitations.

The claimant's written notice made pursuant to Section 40-11-530 tolls the applicable statute of limitations and statute of repose pursuant to Title 15, Chapter 3, and an applicable warranty period for one hundred twenty days after the date the written notice is served upon the contractor, subcontractor, supplier, or design professional.
HISTORY: 2006 Act No. 371, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-5. Application of chapter; conflict of laws.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to cosmetologists, nail technicians, and estheticians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
HISTORY: 1998 Act No. 427, Section 1; 2000 Act No. 222, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-20. Definitions.

As used in this chapter:
(1) "Beauty salon" or "salon" means a building or any place, or part of a place or building including, but not limited to, a rental booth, in which cosmetology is performed on the general public for compensation.
(2) "Cosmetology" means engaging in any of these practices or a combination of these practices when done for compensation either directly or indirectly:
(a) arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair, wig, or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances;
(b) using cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations on, or otherwise, or waxing, tweezing, cleansing, stimulating, manipulating, beautifying, or similar work on the scalp, legs, feet, face, neck, arms, hands; or
(c) manicuring or pedicuring the nails of a person or similar work.
(3) "Cosmetologist" means a person including, but not limited to, an independent contractor, not a student, who is licensed to practice cosmetology.
(4) "Cosmetology school", "beauty school", or "school" means a place or part of a place in which cosmetology or any of its practices are taught.
(5) "Esthetician" means a person including, but not limited to, an independent contractor, who is licensed to practice skin care, make-up, or similar work. Skin care is for the sole purpose of beautifying the skin.
(6) "Independent contractor" means a licensed practitioner who rents or leases a place or part of a place in a beauty salon.
(7) "Instructor" means a person who is licensed to teach cosmetology or any practices of cosmetology in accordance with this chapter.
(8) "Nail technician" means a person including, but not limited to, an independent contractor, who is licensed to practice manicuring or pedicuring the nails or similar work.
(9) "Student" means a person who is engaged in learning or acquiring the practices of cosmetology and, while learning, performs or assists in any of the practices of cosmetology in a school licensed under this chapter and under the instruction or immediate supervision of an instructor licensed under this chapter.
(10) "Approved school" means a cosmetology, esthetician, or nail technician school licensed by the Board of Cosmetology or the board's equivalent in the jurisdiction in which it is physically located. In states where licensure of a school is not required, a license may be issued, upon application and approval by the board.
HISTORY: 1998 Act No. 427, Section 1; 2000 Act No. 222, Sections 3 to 6.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-12; 1945 (44) 379; 1948 (45) 2079; 1952 Code Section 56-451; 1953 (48) 432; 1962 Code Section 56-451; 1963 (53) 553; 1982 Act No. 388; 1976 Code Section 40-13-10.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-30. License required to operate school.

It is unlawful to operate a cosmetology school without a license or to violate any of the provisions of this chapter relating to schools; however, a school may be operated in and as part of an accredited high school, trade school, or industrial school, and a school so operated must be licensed by the board; however, it is exempt from executing a bond and entering into contracts with its students.
HISTORY: 1998 Act No. 427, Section 1; 2000 Act No. 222, Section 7.
Editor's Note
Prior Laws:1953 (48) 432; 1962 Code Section 56-472.6; 1966 (54) 2410; 1982 Act No. 388; 1976 Code Section 40-13-220.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-40. Authorization to practice in registered salons.

(A) A person registered as a barber or master hair care specialist pursuant to the requirements of Chapter 7 of this title may practice within the scope authorized by the person's license in a salon registered in accordance with this chapter.
(B) The provisions of this section apply notwithstanding the provisions of Section 40-13-20(1) or another provision of law.
(C) The department shall promulgate regulations to carry out the provisions of this section.
HISTORY: 2022 Act No. 162 (H.4519), Section 1, eff May 13, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-50. Administrative and fiscal activities to be provided by Department of Labor, Licensing and Regulation.

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
HISTORY: 1962 Code Section 56-455; 1952 Code Section 56-455; 1942 Code Section 5250-16; 1934 (38) 1349; 1948 (45) 2079; 1982 Act No. 388; 1998 Act No. 427, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, reference to Section 41-1-50 was changed to Section 40-1-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-60. Adoption of rules and regulations by board.

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations relating to the sanitary management of salons and schools must not be promulgated until approved by the Department of Health and Environmental Control.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-70. Seal; additional powers and duties.

The board shall adopt and use a common seal for the authentication of its orders and records. In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.
HISTORY: 1998 Act No. 427, Section 1.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-16; 1948 (45) 2079; 1952 Code Section 56-455; 1962 Code Section 56-455; 1982 Act No. 388; 1976 Code Section 40-13-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-80. Authority to investigate complaints and violations.

The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-90. Investigation results; presentation to board; hearing procedures.

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-100. Injunctive orders and other equitable relief.

In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-110. Grounds for revocation, suspension, or restriction of license; penalties.

(A) In addition to the grounds for disciplinary action provided for in Section 40-1-110, the board may revoke, suspend, or restrict a license upon a satisfactory showing to the board that the holder of the license has:
(1) violated or failed to comply with any provision of this chapter, a regulation promulgated under this chapter, or an order of the board;
(2) permitted a person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician, or nail technician without that person being licensed as a cosmetologist, esthetician, or nail technician;
(3) obtained or attempted to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentation;
(4) practiced or attempted to practice cosmetology by fraudulent misrepresentation;
(5) wilfully failed to display a salon license as required by Section 40-13-300, a school license as required by Section 40-13-320, or a license as required by Section 40-13-280 or the sanitary regulations as required by Section 40-13-350;
(6) practiced or attempted to practice cosmetology in any place other than a licensed salon, except in case of an emergency including, but not limited to, illness, invalidism, or death when a licensed operator may perform services for a person in another place by appointment only;
(7) wilfully and continuously violated the reasonable regulations adopted by the board and approved by the Department of Health and Environmental Control for the sanitary management and operation of salons and schools;
(8) used a substance or device which is not labeled for cosmetic use.
(B) The holder of a license issued by the board found to have engaged in misconduct pursuant to subsection (A) is in violation of this chapter, regulations promulgated pursuant to this chapter, or an order of the board and is subject to a civil penalty in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars.
(C) A school owner who fails to notify the board of his school's closing or fails to provide student records as specified in applicable regulations is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned not more than thirty days, or both.
(D) The board shall permanently revoke the license of a person convicted of, or a person who pleads guilty or nolo contendere to, a violation under subsection (C) above.
HISTORY: 1998 Act No. 427, Section 1; 2000 Act No. 222, Sections 8, 9.
Editor's Note
Prior Laws:1982 Act No. 388; 1976 Code Section 40-13-250.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-120. Disciplinary action authorized; procedures.

In addition to the sanctions authorized for misconduct pursuant to Section 40-13-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-130. Denial of licensure on same grounds as for disciplinary actions.

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-150. Voluntary surrender of license by licensee under investigation.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-160. Right of aggrieved party to seek review of board decision.

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-170. Payment of costs by violator.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-180. Collection of costs and fines.

All costs and fines 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.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-190. Confidentiality of investigations and other proceedings.

Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-200. Violations of chapter or submission of false information for licensing; revocation of license; penalty

(A) A person who practices or offers to practice cosmetology in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned not more than thirty days, or both, for a first offense and for a second or subsequent offense may be fined not more than five hundred dollars or imprisoned not more than six months, or both.
(B) The board permanently shall revoke the license of a person convicted of or who pleads guilty or nolo contendere to a violation under subsection (A).
HISTORY: 1998 Act No. 427, Section 1.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-24; 1952 Code Section 56-481; 1953 (48) 432; 1962 Code Section 56-481; 1963 (53) 553; 1982 Act No. 388; 1976 Code Section 40-13-280.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-210. Petition for injunctive relief by department.

The department, on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-230. Qualifications for licensure; cosmetologist; esthetician; nail technician.

(A) A license as a cosmetologist must be issued by the board to a person who:
(1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2) has completed at least one thousand five hundred hours in classes in cosmetology in a reliable school approved by the board or is a registered master hair care specialist pursuant to Chapter 7 who has satisfied educational requirements established by the board in regulation; and
(3) has passed the examination prescribed by the board and pays the required fee.
(B) A license as an esthetician must be issued by the board to a person who:
(1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2) has completed at least four hundred fifty hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board; and
(3) has passed the examination prescribed by the board and pays the required fee.
(C) A license as a nail technician must be issued by the board to a person who:
(1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2) has completed at least three hundred hours in classes in a reliable nail technician school approved by the board or comparable training approved by the board; and
(3) has passed the examination prescribed by the board and pays the required fee.
(D) Temporary permits to practice as a cosmetologist, esthetician, or nail technician may be issued in accordance with regulations promulgated by the board.
HISTORY: 1998 Act No. 427, Section 1; 2000 Act No. 222, Section 10.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-14; 1952 Code Section 56-464; 1962 Code Section 56-464; 1963 (53) 553; 1982 Act No. 388; 1976 Code Section 40-13-90.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-240. Examinations; applications; fees; frequency of exams; subject matter.

(A) Each applicant for an examination shall make application on board-approved forms. The application must be accompanied by the required examination fee.
(B) The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians, or nail technicians not less than three times each year, at times and places as the board may determine. The examination of applicants for any license under this chapter must be conducted pursuant to regulations promulgated by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Examinations must be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter.
HISTORY: 1998 Act No. 427, Section 1; 2000 Act No. 222, Section 11.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-17; 1952 Code Sections 56-465, 56-466; 1962 Code Sections 56-465, 56-466; 1963 (53) 553; 1971 (57) 293; 1982 Act No. 388; 1976 Code Sections 40-13-100, 40-13-110.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-250. Biennial renewal of licenses; expiration; reinstatement; reexamination; inactive licenses.

(A) The holder of an individual license issued by the board biennially, on such date as may be designated by the board, shall renew his license and pay the renewal fee and furnish proof to the board that he has completed continuing education approved by the board. A person who has held a license for at least fifteen consecutive years and is sixty years of age or older or who has held continuous licensure for at least thirty years, is fifty years of age, and who has not been disciplined by the board is exempt from taking continuing education courses. Upon approval by the board and submission of an attendance form prescribed by the board, a person may obtain continuing education credit by attendance at trade show cosmetology-related instructional programs.
(B) A license to practice or teach cosmetology which has not been renewed before the date designated by the board expires on that date. The holder of an expired license may have the license restored within three years of the date of the expiration upon payment of the required renewal fee and satisfactory proof of his or her qualifications to resume practicing. The reinstatement fee must be established by the board in regulation.
(C) If a license has been expired for more than three years, the board shall conduct reexamination of the applicant before issuing a new license. The examination may include practical demonstrations and written tests that the board determines to be necessary.
(D) A licensee may place a license on inactive status by completing and submitting a board-approved form to the board office. In order to maintain inactive status, a licensee must renew the license biennially by payment of the renewal fee as provided by regulation. The licensee may not receive any license or other authorization to practice during the inactive period. An individual seeking to reactivate a license shall complete an application, submit the required fee, and comply with continuing education requirements as provided by regulation.
(E) The holder of a license for a salon or a school shall renew the license biennially on a date set by the board by the payment of a renewal fee established by the board in regulation.
(F) Application for renewal of a school license must be accompanied by proof of continued validation of the applicant's surety bond.
HISTORY: 1998 Act No. 427, Section 1; 2000 Act No. 222, Section 12; 2006 Act No. 349, Section 1.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-23; 1952 Code Section 56-475; 1962 Code Section 56-475; 1982 Act No. 388; 1976 Code Section 40-13-240.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-260. Schools and salons to display appropriate signs; operation of school in conjunction with other businesses; effect of chapter on salons licensed on May 11, 1966.

Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of the establishment. No school may operate in conjunction with a salon or any other business or have doors which interconnect with salons or other businesses.
This chapter may not be construed to affect the operation of any beauty salon, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned.
HISTORY: 1998 Act No. 427, Section 1.
Editor's Note
Prior Laws:1982 Act No. 388; 1976 Code Section 40-13-150.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-270. Reciprocity to nonresidents.

The board may grant to a resident of another state, the District of Columbia, or any other U.S. territory or commonwealth state full reciprocity with respect to practicing cosmetology, esthetics, or manicuring in this State when the person is properly licensed and registered under the laws of the other state, the District of Columbia, or the U.S. territory or commonwealth state and is otherwise qualified.
HISTORY: 1998 Act No. 427, Section 1.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-18; 1948 (45) 2079; 1952 Code Section 56-467; 1953 (48) 432; 1962 Code Section 56-467; 1982 Act No. 388; 1976 Code Section 40-13-120.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-280. Display of license near licensee's work chair.

A holder of a license under this chapter shall display the license in a conspicuous place adjacent to or near the licensees' work chair.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-290. Requirements and restrictions applicable to schools and salons; inspections.

(A) No school may be affiliated with or located at the same address as a salon operated for profit. All salons and schools shall have running hot and cold water and drainage in rooms used for salons or schools. The owner or manager of any salon or school shall not permit a person to sleep in, or use for residential purposes, a room used wholly or partly as a salon or school.
(B) The members of the board, or their authorized agents, may enter a salon or school at any reasonable time for purposes of inspection.
HISTORY: 1998 Act No. 427, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-300. Licensing of salons; issuance and display of license; license not transferrable.

A person, firm, corporation, or association may apply to the board for licensing of a salon by submitting an application on a form prescribed by the board and paying the initial license fee. Upon approval of a salon, a salon license must be issued and the license must be displayed in a conspicuous place. The license is valid only for the location named on it and it is not transferable. A salon shall comply with all provisions of this chapter applicable to salons and with regulations promulgated pursuant to this chapter.
HISTORY: 1998 Act No. 427, Section 1.
Editor's Note
Prior Laws:1953 (48) 432; 1962 Code Section 56-471.4; 1982 Act No. 388; 1976 Code Section 40-13-170.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-310. Minimum curriculum for schools and qualifications for instructors; instructor's license; fee; renewal.

A minimum curriculum for schools and minimum qualifications for instructors must be prescribed by the board in regulation . The board shall issue an instructor's license to a person who meets the prescribed qualifications upon payment of the fee for an instructor's examination and the license fee. The instructor's license must be renewed biennially upon the payment of a renewal fee by the instructor and upon proof to the board of the instructor having had advanced training approved by the board during the year.
HISTORY: 1998 Act No. 427, Section 1; 2000 Act No. 222, Section 13.
Editor's Note
Prior Laws:1934 (38) 1349; 1942 Code Section 5250-22; 1948 (45) 2079; 1952 Code Section 56-472; 1953 (48) 432; 1962 Code Section 56-472; 1963 (53) 553; 1971 (57) 293; 1982 Act No. 388; 1976 Code Section 40-13-180.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 13 - Cosmetology And Cosmetologists › Section 40-13-320. Issuance and display of school license; license not transferrable.

Upon approval of a school by the board, a license must be issued and be displayed in a conspicuous place at the school. The license is valid only for the location named on it, and it is not transferable.
HISTORY: 1998 Act No. 427, Section 1.
Editor's Note
Prior Laws:1953 (48) 432; 1962 Code Section 56-472.2; 1982 Act No. 388; 1976 Code Section 40-13-190.