reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-290. Seal.

Upon registration, each registered professional geologist shall obtain a seal of the design authorized by the board, bearing his name, assigned serial number, and the title "registered professional geologist". All drawings, reports, or other geologic papers or documents involving geologic work which have been prepared or approved by a registered professional geologist or a subordinate employee under the geologist's direction for the use of or for delivery to a person or for public record within this State must be signed by the registered professional geologist and impressed with his seal or the seal of a nonresident practicing under the provisions of this chapter.
HISTORY: 1986 Act No. 507, Section 1; 1989 Act No. 168, Section 4; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-300. Reinstatement of expired or suspended certificate; replacement certificates.

The board may reinstate a certificate of registration to a person whose registration has expired or has been suspended if three or more members of the board vote in favor of reinstatement. A new certificate of registration to replace a certificate revoked, lost, destroyed, or mutilated may be issued, subject to the regulations of the board, and payment of a fee determined by the board in regulation.
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-310. Activities not subject to chapter.

This chapter does not prevent or affect the:
(1) practice of another legally recognized profession or trade;
(2) practice of a person not a resident of and having no established place of business in this State, practicing or offering to practice in this State the profession of geology, when the practice does not exceed in the aggregate the number of days approved by the board for a calendar year, if the person legally is qualified by registration to practice the profession in another state or country, in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter. The person shall apply to the board in writing and after payment of a fee established by the board may be granted a written permit for a definite period of time to do a specific job. However, no right to practice geology accrues to the applicant with respect to other work not set forth in the permit;
(3) practice of a person not a resident of and having no established place of business in this State or who recently has become a resident of South Carolina, practicing or offering to practice geology in this State for the number of days approved by the board for a calendar year if the person files an application for registration and has paid the fee required, when the person legally is qualified by registration to practice geology in another state or country, in which the requirements and qualifications for obtaining registration are not lower than those specified in this chapter, and the practice may continue only for the time the board requires for the consideration of the application for registration;
(4) work of an employee, or a subordinate, of a person holding a certificate of registration under this chapter, or an employee of a person practicing lawfully under item (2) or (3), if the work does not include final designs or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration issued pursuant to this chapter or a person practicing lawfully pursuant to item (2) or (3);
(5) practice of officers and employees of the federal government while engaged within this State in the practice of geology for the federal government unless that practice contributes to or results in a state or federal permitted activity;
(6) practice of teaching or research in geology in South Carolina colleges or universities, if the work is confined to teaching or research and does not affect the public as stated in Section 40-77-20(5).
HISTORY: 1986 Act No. 507, Section 1; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 77 - Geologist › Section 40-77-320. 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 this chapter are severable.
HISTORY: 1986 Act No. 507, Section 1; 1993 Act No. 181, Section 958; 1998 Act No. 354, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-5. Conflict of law.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the regulation of the alarm system business industry by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-10. Act to be administered under South Carolina Contractors Licensing Board.

The Alarm System Business Act must be administered under the South Carolina Contractors Licensing Board which, in its authority over the alarm system industry, shall protect the health, safety, and welfare of the public through the regulation of businesses and individuals who identify, assess, and provide work to individuals, through the administration and enforcement of this chapter and Chapter 1, Title 40 and any regulation promulgated under this chapter.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-30. License requirement.

It is unlawful for a person to practice in the alarm system business in this State without being licensed in accordance with this chapter.
HISTORY: 2000 Act No. 367, Section 1.
Editor's Note
Prior Laws:1986 Act No. 512, Section 2; 1976 Code Section 40-79-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-40. Nomination of board members from general public.

Board members from the general public may be nominated by an individual, group or association, and must be appointed by the Governor in accordance with Section 40-1-45.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-50. Administrative support; license fees.

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(1) All license fees must be submitted to the department every two years or for a period to be determined by the board.
(2) Initial license fees are:
(a) two hundred dollars for an alarm system business license, which includes one primary qualifying party certificate;
(b) fifty dollars for each branch office, which includes one primary qualifying party certificate;
(c) ten dollars for additional qualifying party license certificate.
(3) Renewal license fees are:
(a) two hundred dollars for an alarm system business renewal including one primary qualifying party certificate;
(b) fifty dollars for each branch office, which includes one primary qualifying party certificate;
(c) ten dollars for additional qualifying party license certificate.
(4) Late renewal fees must be added on the day following the expiration date of the license and are:
(a) one hundred dollars for up to thirty days;
(b) one hundred fifty dollars for up to sixty days;
(c) one hundred seventy-five dollars for up to ninety days.
A person who fails to renew within ninety days must apply for initial licensure to be reinstated.
(5) Replaced, lost, or destroyed license and certificate fees are:
(a) ten dollars for replacement of lost or destroyed license;
(b) ten dollars for replacement of lost or destroyed certificate.
(6) An applicant for examination shall pay the applicable examination fee directly to the provider.
HISTORY: 2000 Act No. 367, Section 1; 2002 Act No. 358, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-70. Powers and duties of board.

In addition to the powers and duties provided in Section 40-1-70, the board may:
(1) establish a time limit beyond which an initial complaint may not be considered;
(2) order remedial action to be taken by an entity or individual found in violation of this chapter or a regulation promulgated pursuant to this chapter;
(3) establish procedures for receiving and investigating initial complaints which protect the anonymity of the person filing the initial complaint in appropriate situations;
(4) delegate the authority to the department to request any alarm business owner or registered employee to submit an updated criminal background check when there is reason to believe that a change in the individual's background record has occurred; and
(5) by regulation, establish requirements for the implementation of this chapter as the board considers necessary.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-100. Referral of reports of violations; administrative citations and penalties; appeals; cease and desist orders.

(A) The department may refer any reports of violations of this chapter and Article 1, Chapter 1 of this title or any reports of violations of regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against any entity or individual, including unlicensed contractors, for violations of this chapter as specified by the board.
(B) Separate citations may be issued and separate administrative penalties may be assessed for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against an entity or an individual per day.
(C) Administrative penalties authorized under this section are separate from and in addition to all other civil or criminal remedies.
(D) Administrative penalties assessed pursuant to this section may not exceed these limits:
(1) for a first offense, not more than five hundred dollars;
(2) for a second offense in a five-year period, the citation must be referred to the board for action in accordance with Section 40-79-120.
(E) An entity or individual assessed administrative penalties may appeal those penalties to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-130. Grounds for denial of license.

As provided for in Section 40-1-130, the board may deny a license, certification, or registration to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
(1) The department may refuse to issue a license or registration to any applicant who has:
(a) failed to meet the minimum qualifications set forth in this chapter or regulations promulgated under this chapter;
(b) had a license or registration denied, suspended, canceled, revoked, or otherwise disciplined;
(c) engaged in the alarm business without a valid license as required under this chapter;
(d) submitted a bid without a valid license when one is required by law;
(e) committed an act, which would be grounds for disciplinary action under this chapter;
(f) submitted false or misleading information;
(g) aided or abetted in the violation of this chapter or a regulation promulgated under this chapter;
(h) been convicted of a crime involving the sale, manufacture, distribution, or transportation of a controlled substance, drug, or narcotic in the last ten years, or involving unlawful breaking or entering, burglary, or larceny or of an offense involving moral turpitude in the last ten years. "Conviction" means the entry of a plea of guilty or nolo contendere or a verdict rendered in open court by a judge or jury; or
(i) any outstanding monetary judgments related to the alarm business.
(2) A license or registration may not be issued to any applicant who:
(a) had a similar license or certificate revoked by any federal, state, or local jurisdiction. Such an applicant is eligible to apply for licensure, in the board's discretion, or after not less than one year from the date of revocation;
(b) is presently under suspension or on probation by a professional licensing entity in this or any other state or jurisdiction;
(c) has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state; or
(d) is currently under sentence, including probation or parole, for a felony, crime of moral turpitude, or other criminal violation committed while engaged in or related to any aspect of the business of contracting.
HISTORY: 2000 Act No. 367, Section 1; 2002 Act No. 358, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-150. Voluntary surrender of license.

A license 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: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-170. Payment of costs of investigation and prosecution.

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: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-180. Collection of costs, fees, and fines.

All costs, fees, and fines provided for in this chapter, except examination fees, must be paid to and collected by the department in accordance with and subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-190. Investigations may be confidential and communications privileged.

In addition to Section 40-1-190, investigations and proceedings conducted under the provisions of this chapter may be, in the board's discretion, confidential and all communications may be privileged against disclosure in appropriate situations, as determined by the board.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-200. Contracting without license; penalty; preferring of charges.

(A) An entity or individual who contracts or offers to contract in this State without a license issued pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.
(B) Charges under this section may be preferred by the board by delivering evidence of a violation to a solicitor or a magistrate having jurisdiction.
HISTORY: 2000 Act No. 367, Section 1.
Editor's Note
Prior Laws:1986 Act No. 512, Section 13; 1976 Code Section 40-79-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-210. Civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-215. Exception to civil penalties for false alarms.

An alarm business or contractor as defined in this chapter, or an alarm business call center, must not be fined or assessed a penalty by a local government for false alarms which are not attributed to improper installation, defective equipment, or operational error by the alarm business contractor.
HISTORY: 2022 Act No. 196 (H.4889), Section 1, eff May 16, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-230. Application for license; who must sign; what must be submitted.

(A) An entity desiring to carry on or engage in an alarm system business shall submit an application to the Department of Labor, Licensing and Regulation. The owner, partners, or president, as appropriate, must sign the application. The primary qualifying party must also sign the application.
(B) To qualify for a license, the applicant must:
(1) submit a completed application as prescribed by the board;
(2) satisfy the examination requirements prescribed by the board;
(3)(a) for burglar alarms, take the Level I training course and receive a certificate of completion from the National Training School; or
(b) for fire alarms, take the Level I training course and receive a certificate of completion from the National Training School or take the Level II training course and receive a certificate of completion from the National Institute for Certification in Engineering Technologies;
(4) submit proof that the applicant's primary qualifying party is a full- time employee in a management position;
(5) submit a criminal background check of the entity's principal officers, all qualifying parties, and registered employees. The background check must indicate that these individuals are at least eighteen years of age and have not been convicted of any criminal act or committed any acts which are grounds for the denial of a license under this chapter;
(6) submit all documentation required by the department pursuant to the requirements of this chapter;
(7) pay all fees;
(8) the applicant must submit a list of all qualifying parties, registered employees, and branch offices in order to be licensed by the department;
(9) upon the cancellation of an alarm license, the licensee must complete an initial application, pay the appropriate fees, and be issued a new license number; and
(10) the department may provide for an alarm system business license that permits the holder to participate in the burglar alarm system or fire alarm system business, or both.
HISTORY: 2000 Act No. 367, Section 1; 2002 Act No. 358, Section 8; 2006 Act No. 292, Section 1.
Editor's Note
Prior Laws:1986 Act No. 512, Section 5; 1987 Act No. 175, Sections 2, 6, 7; 1992 Act No. 360, Section 3; 1994 Act No. 515, Section 2; 1976 Code Section 40-79-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-240. License renewal; request for waiver by registered individual failing to qualify; licensees licensed as of January 1, 2001.

(A) A licensee shall apply to the department for license renewal every two years before the license expiration date on a form prescribed by the board. Renewal applications not postmarked by the expiration date result in a lapsed license. An entity which fails to renew and which continues to engage in the alarm business is deemed to be practicing without a license and subject to the penalties prescribed in this chapter.
(B) An alarm business license not renewed after ninety days from the expiration date must not be considered for renewal, and the license must be canceled. To obtain a license after a license is canceled, the applicant must complete an initial application form and pay the applicable fees. An examination is not required if the qualifying party otherwise satisfies the licensing requirements.
(C) All employees that are required to have a criminal background check must submit a new background check upon conviction of a crime.
A registered employee failing to qualify according to the requirements of this chapter may submit a request to the board within ten days of receipt of denial of renewal for consideration of a waiver for failure to meet the requirements of this chapter.
This individual must be allowed to continue to work under strict supervision of the alarm business until the board makes a decision on a timely waiver request.
(D) At the first renewal after enactment of this chapter, a licensee licensed as of January 1, 2001, shall elect to subsequently be licensed as a burglar alarm system business, fire alarm system business, or both. Upon the next renewal, an applicant must meet all qualifications for licensure in both businesses, including examination, in order to be licensed in both alarm businesses.
(E) An alarm licensee must submit documentation of a current comprehensive general liability insurance policy with each license renewal in an amount provided for in Section 40-79-250.
(F) A license, certification, or registration may be canceled upon subsequent discovery of facts which if known at the time of issuance of renewal could have been grounds to deny the issuance of renewal, pending review by the board.
HISTORY: 2000 Act No. 367, Section 1; 2002 Act No. 358, Section 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-250. Liability insurance.

(A) Alarm business employees are not required to obtain a Certificate of Comprehensive General Liability Insurance unless required by regulation.
(B) No alarm license may be issued unless the applicant files with the department evidence of a policy of comprehensive general liability insurance providing for the following minimum coverage: one hundred thousand dollars due to bodily injury, death, or destruction of property as the result of the negligent act or acts of the principal insured.
(C) An alarm licensee shall notify the department upon the cancellation by a licensee of its policy of liability insurance or the cancellation by the insurance carrier of the licensee's policy of insurance within fifteen days of the date of cancellation. The cancellation does not affect any liability on the policy, which accrued prior to the date of cancellation. A new policy must be obtained by the alarm business within thirty days of cancellation.
(D) Upon failure of the licensee to notify the department of cancellation of his liability insurance, the license may be canceled and may not be reinstated until a proper insurance certificate has been submitted to the department for approval. An initial application must be filed after thirty days of cancellation of the insurance policy. Examinations are not required if the qualifying party otherwise meets the requirements of this chapter.
(E) The policy must be purchased from an insurer or licensed agent authorized to do business in this State.
HISTORY: 2000 Act No. 367, Section 1.
Editor's Note
Prior Laws:1986 Act No. 512, Section 8; 1987 Act No. 175, Section 3; 1976 Code Section 40-79-80.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-260. Issuance of license to applicants licensed in another state.

(A) The board may grant a license or certificate to an applicant holding a license in good standing in another state or jurisdiction whose requirements for licensure are equal to or greater than those set forth in this chapter as determined by the board.
(B) Applicants for reciprocal licensure may be required to successfully pass the South Carolina Code of Laws Examination regulating the alarm business and must comply with all other license and certificate requirements of this chapter.
HISTORY: 2000 Act No. 367, Section 1.
Editor's Note
Prior Laws:1986 Act No. 512, Section 15; 1989 Act No. 46, Section 1; 1976 Code Section 40-79-150.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-270. Restrictions on use of license.

(A) No licensee may conduct an alarm business under a name other than the name that appears on the license.
(B) Any licensed alarm business may be a subcontractor to another licensed alarm business who has the contract with a client to engage in alarm work.
(C) No license, certificate, or registration can be used by or loaned to another entity or individual.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-280. Duty of building officials to refuse permits and report violations; regulation by county or municipality.

(A) Building officials have a duty to refuse to issue a permit to an unlicensed person for work requiring licensure.
It is the duty of a building official, or other authority charged with the duty of issuing building or other similar permits, of any county, incorporated municipality or subdivisions of a county or municipality, to refuse to issue a permit for any undertaking which would classify the applicant as a contractor under this chapter unless the applicant has furnished evidence that he is either licensed as required by this chapter or exempt from these requirements. It is also the duty of the building official, or other authority charged with issuing building or other similar permits, to report to the department the name and address of any entity who, in his opinion, has violated this chapter by bidding or contracting for work which is regulated under this chapter.
(B) Nothing in this chapter prohibits or prevents a county or municipality from exercising its lawful duty to regulate businesses within its jurisdiction.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-290. Enforcement of contract by unlicensed alarm business.

Any alarm business that does not have a valid license, as required by this chapter, may not bring any action either at law or in equity to enforce the provisions of any contract entered into in violation of this chapter.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-300. Bankruptcy of licensee; dissolution of business.

(A) 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 pertinent information as the board may require.
(B) Where a licensee's business is dissolved, for whatever reason, that license must be canceled.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-310. Exceptions from application of chapter.

The provisions of this chapter do not apply to:
(1) an entity that designs, sells, manufactures, or distributes alarm systems or products unless the entity sells, markets, services, or installs alarm systems at a client's residence or business;
(2) an entity that owns and installs an alarm system on property owned or leased for itself;
(3) any alarm device which is installed in a motor vehicle, aircraft, or boat;
(4) battery-powered or one hundred ten volt smoke detectors;
(5) a mechanical contractor who holds an electrical contractor's license and designs, installs, and services a fire alarm system;
(6) anyone that responds to burglar alarm or fire alarm systems; and
(7) camera, card access, or walk-through alarm systems.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 79 - South Carolina Alarm System Business Act › Section 40-79-320. 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 this chapter are severable.
HISTORY: 2000 Act No. 367, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 80 - South Carolina Firefighters Employment And Registration Act › Section 40-80-10. Short title, definitions.

(A) This chapter may be cited as the "South Carolina Firefighters Employment and Registration Act".
(B) For purposes of this chapter:
(1) "Employer" means any fire department or other entity which puts an individual or employee in service as a firefighter or assigns any person to work or to official duties as a firefighter whether or not the firefighter receives financial compensation.
(2) "Employment date" means the date the fire chief certifies the firefighter is trained and prepared to perform firefighting duties.
(3) "Fire chief" means the highest ranking officer or official in charge of a fire department, whether or not called by some other title.
(4) "Fire department" means any organization providing rescue, fire suppression, and related activities including any public or government sponsored organizations engaged in rescue, fire suppression, and related activities.
(5) "Firefighter" means any person, male or female, paid or unpaid, who engages in rescue, fire suppression, or related activities under the supervision of a fire chief or fire department.
(6) "Firefighting duties" means duties relating to rescue, fire suppression, public safety, and related activities as assigned by a fire chief.
HISTORY: 2001 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 80 - South Carolina Firefighters Employment And Registration Act › Section 40-80-20. Criminal records check required for employment.

(A)(1) Prior to employment of a paid or volunteer firefighter, the fire chief or other employer must ensure that a prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(2) The cost of the criminal records check may not exceed eight dollars.
(3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department with which he was employed on June 30, 2001. Upon separation from the fire department where he was employed on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40 .
(B)(1) After June 30, 2001, a person may not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty to, or pled nolo contendere to:
(a) a felony;
(b) arson or another offense provided in Article 3, Chapter 11 of Title 16; or
(c) an offense involving a controlled substance as provided for in Chapter 53 of Title 44.
(2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.
After the expiration of the ten-year period, a fire chief or other employer may determine whether to allow a person with a criminal record to perform firefighting duties; except no person may volunteer as a firefighter, be employed as a firefighter, or perform firefighting duties if he has been convicted of, pled guilty to, or pled nolo contendere to arson.
HISTORY: 2001 Act No. 60, Section 1; 2002 Act No. 224, Section 3; 2008 Act No. 309, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 80 - South Carolina Firefighters Employment And Registration Act › Section 40-80-30. Registration, maintenance, and availability of information.

(A) No later than sixty days after the start of his employment date as a paid or volunteer firefighter, each firefighter must be registered with the Office of the State Fire Marshal by his fire chief or other employer. The criminal background check required by Section 40-80-20 must be conducted before registration.
(B) The Office of the State Fire Marshal must maintain a file on each registered firefighter in this State, that includes all information required to be kept by this chapter, and must assign a firefighter identification number to each registered firefighter which corresponds with the firefighter's social security number.
(C) Upon request the information in the file of an individual firefighter may be released in its entirety to a potential employer as defined in this chapter and may be used as a basis for employment. The requesting department or employer must maintain this information in a confidential manner.
(D) Any registered firefighter may at any time request and obtain a copy of his file. An unofficial version of a firefighter's file is available at no cost by way of secured web addresses. The fee for an official copy of a firefighter's transcript is three dollars payable to the Office of State Fire Marshal. The fee for a reprinted certificate is five dollars payable to the Office of State Fire Marshal.
HISTORY: 2001 Act No. 60, Section 1; 2022 Act No. 170 (S.460), Section 11, eff May 16, 2022.
Effect of Amendment
2022 Act No. 170, Section 11, rewrote (D).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 80 - South Carolina Firefighters Employment And Registration Act › Section 40-80-40. Background and registration requirements; federal employees excepted; firefighters serving more than one department; reinstatement.

(A) No person may be allowed to perform firefighting duties with a public fire department, organization, or employer of a county, municipality, special purpose district, or other political subdivision in this State on or after July 1, 2001, without first undergoing a criminal background check as required by Section 40-80-20 and being recommended for registration pursuant to Section 40-80-50.
(B) A firefighter employed by the United States Government and working in the course and scope of his official duties as a federal employee is not required to be registered under this chapter.
(C) A firefighter who works for or serves more than one fire department must be registered by each department.
(D) A firefighter previously registered with the Office of the State Fire Marshal, but not actively engaged with a fire department or as a firefighter for a period of six months, must apply for registration and must submit a criminal records check as required by Section 40-80-20. Firefighters that are being reinstated to their last registered department within a period of not more than three years are exempted from the provisions contained in this section.
HISTORY: 2001 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 80 - South Carolina Firefighters Employment And Registration Act › Section 40-80-50. Office of the State Fire Marshall; records and registration.

Upon recommendation of a fire chief or other employer, the Office of the State Fire Marshal must register each firefighter subject to the provisions of Sections 40-80-30 and 40-80-40. The Office of the State Fire Marshal must maintain as minimum information on each firefighter the complete name, the date of birth, the social security number, the South Carolina driver's license number, the employer, and the date of employment or membership. The Office of the State Fire Marshal must notify the chief of the employing fire department or other employer of the registration. This notification may be transmitted electronically or in written form. The fire chief must utilize forms as required and provided by the Office of the State Fire Marshal.
HISTORY: 2001 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 80 - South Carolina Firefighters Employment And Registration Act › Section 40-80-60. Notification of separation or becoming inactive.

If a firefighter becomes separated from employment or membership or becomes inactive, the fire chief or other employer within sixty days must notify the Office of the State Fire Marshal of the firefighter's separation or inactive status. Notification of separation of a firefighter from employment must be on a form as provided by the Office of the State Fire Marshal.
HISTORY: 2001 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 80 - South Carolina Firefighters Employment And Registration Act › Section 40-80-70. State of emergency exception.

Notwithstanding another provision of law, the provisions contained in this chapter do not apply to individuals engaged in firefighting duties during a declared state of emergency.
HISTORY: 2001 Act No. 60, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-10. Application of law.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the State Athletic Commission administered by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control. The Professional Boxing Safety Act of 1996 (15 U.S.C. Section 6301 et seq.) and all other federal laws pertaining to boxing are incorporated by reference and made a part of this chapter.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-40. Administration; review of administrator's decision.

(A) The director of the department shall appoint an administrator, who shall assign referees, judges, and other officials necessary to administer this chapter. The department shall employ and supervise personnel necessary to effectuate the provisions of this chapter.
(B) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the commission and shall administer the commission as a revenue funded commission in accordance with Section 40-1-50.
(C) An applicant or licensee aggrieved by a decision of the administrator may request in writing a review of that decision by the commission.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-50. Creation of the Commission; appointment; compensation.

(A) There is created the State Athletic Commission consisting of nine members appointed by the Governor with the advice and consent of the Senate to regulate boxing, kickboxing, wrestling, mixed martial arts, and other combative sports in this State. One member must be appointed from each congressional district of the State and two from the State at large. One of the at-large appointments must be a physician licensed and in good standing in the State. The terms of the members are for four years and until their successors are appointed and qualified. Vacancies must be filled by the Governor for the remainder of an unexpired term. The commissioners of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, kickboxing, mixed martial arts, or wrestling event or exhibition.
(B) Commission members must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the commission. Compensation and reimbursements paid to commission members under this subsection must be paid as an expense of the commission in the administration of this chapter and must be paid from the fees received by the commission pursuant to the provisions of this chapter or in a manner prescribed by the department.
HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 2; 2012 Act No. 279, Section 13, eff June 26, 2012.
Editor's Note
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
The 2012 amendment in subsection (A), substituted nine" for "eight", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-60. Election of chairman and officers; meetings.

(A) The commission shall annually elect a chairman and other officers the commission may designate.
(B) The commission shall meet at least twice yearly at the call of the chairman. The chairman may call other meetings when considered necessary and shall do so on petition of a majority of the commission.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-70. Powers and duties.

(A) The commission shall:
(1) determine the eligibility of applicants for examination and licensure pursuant to the provisions of this chapter;
(2) examine applicants for licensure;
(3) promulgate an appropriate code of professional ethics;
(4) conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter;
(5) discipline persons licensed under this chapter in a manner provided for in this chapter;
(6) promulgate regulations which must be submitted to the director at least thirty days before filing with the Legislative Council pursuant to Section 1-23-30.
(B) At the request of the director, the administrator shall designate the department representative at an event or exhibition.
(C) The department representative shall supervise events and exhibitions for the purpose of enforcing this chapter including, but not limited to:
(1) issuing licenses to contestants and participants according to the requirements of this chapter;
(2) investigating or inspecting all conditions or persons subject to permit or licensure;
(3) collecting unpaid fees.
(D) The commission designee in conjunction with the department representative shall review the Association of Boxing Commissions' National Registry or any other approved registry along with all additional appropriate information and approve or deny all pairing of contestants.
HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-120. Disciplinary violations; sanctions.

(A) Upon a determination by the commission that one or more of the grounds for discipline exists, in addition to the actions provided for in Sections 40-1-120 and 40-1-130, the commission may:
(1) refuse to renew a license or revoke or suspend a license for all or any part of the unexpired portion of the license;
(2) impose a fine of not more than one thousand dollars for each violation.
(B) A sanction imposed or disciplinary action taken pursuant to this section may be appealed to an administrative law judge pursuant to the Administrative Procedures Act.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-130. Denial of Licensure.

The commission shall deny licensure to an applicant who has committed an act that would be grounds for disciplinary action under this chapter. The commission shall deny licensure to an applicant who has failed to demonstrate the qualifications or standards for licensure contained in this chapter. The applicant shall demonstrate to the satisfaction of the commission that the applicant meets all the requirements for the issuance of a license.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-150. Voluntary surrender of license.

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: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-170. Payment of costs.

A person found in violation of this chapter or a regulation promulgated pursuant to this chapter may be required to pay costs associated with the investigation, inspection, and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-190. Privileged communications in disciplinary actions; due process; final orders.

(A) A communication, whether oral or written, made by or on behalf of a person to the director or commission or a person designated by the director or commission to investigate or hear matters relating to discipline of a licensee, whether by way of complaint or testimony, is privileged and exempt from disclosure for any reason whatsoever, except to the extent disclosed in the course of the proceedings before the commission. No action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon other proof that the communication was made with malice.
(B) Nothing in this chapter may be construed to prohibit the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law or to prohibit the respondent from normal access to the charges and evidence filed against the respondent as part of due process under the law.
(C) Notwithstanding the provisions of this section, a final order of a commission disciplining a licensee is public information as provided for in Section 40-1-120.
HISTORY: 2003 Act No. 28, Section 1.