reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-360. Promulgation of regulations to establish fees for registration, renewal, and reinstatement; national registry fees.

(A) The board shall promulgate regulations to establish fees for registration, renewal, and reinstatement and additional fees as are reasonably necessary for the administration of this chapter. The fees must be established in consideration of the costs of administering this chapter and the actual cost of the specific service to be provided or performed. The board periodically shall review and adjust the schedule of fees as needed to cover expenses.
(B) The board also shall collect the national registry fees established by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council pursuant to 12 U.S.C. Section 3338 and regulations adopted pursuant to it from each appraisal management company registered in this State or seeking to be registered in this State.
(C) The board shall collect the information and the national registry fees established by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council pursuant to 12 U.S.C. Section 3338 and regulations adopted pursuant to it from each appraisal management company exempt from registration pursuant to Section 40-60-340(5).
(D) All appraisal management company national registry fees collected must be transferred to the appraisal subcommittee.
(E) The board shall adopt regulations regarding the determination of the size of the appraiser panel of an appraisal management company in accordance with the rules of the Appraisal Subcommittee of the Federal Financial Institutions Examination Council pursuant to 12 U.S.C. Section 3338.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-370. Requirements for owners of appraisal management companies applying for registration.

(A) An appraisal management company applying for registration in this State may not:
(1) be owned by a person who has had an appraiser certificate or license refused, denied, canceled, surrendered in lieu of revocation, or revoked in this State or in another state unless the certificate or license was subsequently granted or reinstated; or
(2) be more than ten percent owned by a person who is not of good moral character, which for purposes of this section requires that the person has not been convicted of or entered a plea of nolo contendere to a felony relating to the practice of appraisal, banking, mortgage lending, or the provision of financial services, or a crime involving fraud, misrepresentation, or moral turpitude.
(B) For purposes of this section, each owner of more than ten percent of an appraisal management company shall submit to a criminal background check.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-380. Designation of a controlling person; notification of changes.

(A) An appraisal management company applying to the board for registration in this State shall designate one controlling person who is to be the main contact for all communication between the board and the appraisal management company.
(B) To serve as a controlling person of an appraisal management company, a person shall certify to the board that he has never had a certificate or license issued by the appropriate board of this State or another state refused, denied, canceled, revoked, or surrendered in lieu of revocation.
(C) A registrant shall notify the board within fifteen days of a change in its controlling person or a change in the contact information of the controlling person.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-390. Requirements for employees and independent contractors of appraisal management companies.

(A) An employee of the appraisal management company who is responsible for performing appraisal reviews of certified or licensed appraisers, who are independent contractors, must demonstrate knowledge of the Uniform Standards of Professional Appraisal Practice as determined by the board.
(B) An appraisal management company that applies to the board for a registration to do business in this State as an appraisal management company shall not knowingly:
(1) employ a person who has had a certificate or license to act as an appraiser in this State or in another state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in a position in which the person has the responsibility to order appraisals or to review completed appraisals;
(2) enter into an independent contractor arrangement for appraisal services, whether in verbal, written, or other form, with a person who has had a certificate or license to act as an appraiser in this State or in another state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation; or
(3) enter into a contract, agreement, or other business relationship, whether in verbal, written, or another form, with an entity for appraisal services that employs, has entered into an independent contract arrangement, or has entered into a contract, agreement, or other business relationship, whether in verbal, written, or other form, with a person who has ever had a certificate or license to act as an appraiser in this State or in another state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-400. Certification or licensure required for employees and independent contractors.

An employee, or independent contractor of, the appraisal management company must be an appraiser certified or licensed in this State to perform a Uniform Standards of Professional Appraisals Practice Standard 3 appraisal review of property located in this State.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-410. Good standing with board required for certified or licensed appraisers.

An appraisal management company registered in this State pursuant to this article may not enter into contracts or agreements with a certified or licensed appraiser, who is an independent contractor, to perform a real estate appraisal service in this State unless the person performing the appraisal service is certified or licensed in good standing with the board.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-420. Record-keeping requirements for registration renewal.

An appraisal management company seeking to be registered shall certify to the board, at each renewal, that it:
(1) maintains a detailed record of each service request that it receives;
(2) has a policy that requires a certified or licensed appraiser who is an independent contractor and who performs a real estate appraisal service for the appraisal management company to maintain those records, including, but not limited to, the work file, for at least the later of:
(a) five years after preparation; or
(b) two years after final disposition of a judicial proceeding in which the appraiser or the appraisal management company provided testimony related to the assignment.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-430. Criminal background checks for appraisers.

A registered appraisal management company that requires a real estate appraiser to submit to a criminal background check as a condition of employment, contractual relationship, or access to an appraisal portal shall accept a criminal background check performed within the preceding twelve months if it substantially conforms to the criminal background checks of the company selected by the appraisal management company.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-450. Payment for completions of an appraisal or valuation assignment.

(A) An appraisal management company shall, except in cases of breach of contract or substandard performance of services, make payment to certified or licensed appraisers, who are independent contractors, for the completion of an appraisal or valuation assignment within forty-five days after the date on which the certified or licensed appraisers, who are independent contractors, transmit or otherwise provide the completed appraisal or valuation study to the appraisal management company or its assignee.
(B) An appraisal management company shall compensate appraisers at a rate that is customary and reasonable for appraisals being performed in the market area of the property being appraised, consistent with the requirements of 15 U.S.C. Section 1639e and regulations adopted pursuant to it.
(C) An appraiser may not be prohibited by the appraisal management company, client of the appraiser, or another third party from disclosing the fee paid to the appraiser for the performance of the appraisal in the appraisal report.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-460. Appraiser's consent required to modify report; use of appraisal reports.

(A) An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by a licensed or certified independent appraiser without the appraiser's consent, except as necessary to comply with regulatory mandates or legal requirements.
(B) An appraisal management company may not use an appraisal report submitted by a licensed or certified independent appraiser, or any of the data or information contained therein, for any purpose other than its intended use without the appraiser's or the intended end user's consent, except as necessary to comply with regulatory mandates or legal requirements.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-470. Disciplinary action for violations of this article.

(A) In addition to the grounds for disciplinary action pursuant to Section 40-1-110, the board may discipline, publicly or privately reprimand, or fine an appraisal management company or suspend or revoke a registration issued under this article if, in the opinion of the board, an appraisal management company is attempting to perform, has performed, or has attempted to:
(1) commit an act in violation of this article;
(2) violate a rule or regulation adopted by the board in the interest of the public and consistent with the provisions of this article;
(3) procure a registration, license, or certification by fraud, misrepresentation, or deceit; or
(4) violate the South Carolina Real Estate Appraisers Act or the federal Financial Institutions Reform Recovery and Enforcement Act of 1989.
(B) In addition to the sanctions provided in Section 40-1-120, the board may impose a fine not to exceed ten thousand dollars for an initial violation and not to exceed twenty thousand dollars for subsequent violations and may require payment of investigative costs. A fine is payable immediately upon the effective date of discipline unless otherwise provided by the board. A registrant against whom a fine is levied is not eligible for reinstatement until the fine is paid in full.
(C) A decision by the board to publicly or privately reprimand, fine, revoke, suspend, or otherwise restrict a registrant or to limit or otherwise discipline a registrant becomes effective upon delivery of a copy of the decision to the registrant.
(D) Nothing in this section prevents a registrant from voluntarily entering into a consent agreement with the board in which a violation is not contested and a sanction is accepted.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-480. Investigations and disciplinary proceedings; notice requirements.

The board may conduct investigations and disciplinary proceedings in accordance with Sections 40-1-80 and 40-1-90 and the Administrative Procedures Act, provided:
(1) before disciplining a registrant by publicly or privately reprimanding, fining, or suspending or revoking a registration, the board shall notify the registrant in writing of charges made at least thirty days prior to the date set for the hearing and shall afford the registrant an opportunity to be heard in person or by counsel;
(2) the written notice requirement is satisfied by sending the notice through the United States Postal Service by regular mail or certified mail, return receipt requested, to the controlling person of the registrant to the address of the registrant on file with the board;
(3) a hearing on the charges must be held at a time and place prescribed by the board; and
(4) a registrant aggrieved by a final action of the board may seek review of the decision pursuant to Section 40-1-160 and the Administrative Procedures Act.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-490. Board authorized to issue restraining orders.

The board may issue restraining orders and cease and desist orders pursuant to Section 40-1-100.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-500. Jurisdiction.

The board has jurisdiction over the actions committed or omitted by current and former registrants as provided by Section 40-1-115.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-510. Grounds for denial of registration.

As provided in Section 40-1-130, the board may deny registration to an applicant based on the same grounds for which the board may take disciplinary action against a registrant.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-520. Denial of registration; prior criminal conviction.

A registration obtained pursuant to this chapter may not be denied solely because of a prior criminal conviction unless the criminal conviction directly relates to the profession or occupation.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-530. Voluntary surrender of registration; public disclosure.

A registrant under investigation for a violation of this article or a regulation promulgated under this article may voluntarily surrender his registration to practice, in accordance with and subject to the provisions of Section 40-1-150. A person whose registration is voluntarily surrendered may not practice or represent himself as authorized to practice until the board takes final action in the pending disciplinary matter. The voluntary surrender of a registration is subject to public disclosure pursuant to Chapter 4, Title 30. The board has discretion to credit time that an authorization has been surrendered toward a period of suspension or other restriction of practice.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-540. Review of board decision by the Administrative Law Court.

A respondent aggrieved by a final decision of the board may seek review of the decision by the Administrative Law Court pursuant to Section 40-1-160. Motions for continuance and for other interlocutory relief are not subject to review by the Administrative Law Court until a final decision has been issued by the board.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-550. Confidentiality of investigations and proceedings; communications privileged.

Investigations and proceedings conducted under this article are confidential, and all communications are privileged as provided in Section 40-1-190.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 60 - South Carolina Real Estate Appraiser License And Certification Act › Section 40-60-560. Civil actions; additional penalties.

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person or entity violating this article, a regulation promulgated under this article, or an order of the board. The court may impose a fine of not more than ten thousand dollars for each violation in addition to a fine imposed by the board for the same violation.
HISTORY: 2017 Act No. 32 (S.279), Section 1, eff May 10, 2017.
Editor's Note
2017 Act No. 32, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor. In the event that a registration process is unavailable upon the effective date of this act, an appraisal management company already conducting business in this State may continue to conduct business until one hundred twenty days after a registration process becomes available."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-10. Definitions.

As used in this chapter:
(1) "Board" means the South Carolina State Board of Examiners for Registered Environmental Sanitarians.
(2) "Environmental sanitarian" means a person trained and qualified to carry out educational, inspectional, and supervisory duties in environmental health and control programs and who is registered.
(3) "Environmental health and control programs" means programs for achieving and maintaining conditions to insure an environment that is conducive to health, comfort, safety, and well-being and provides adequate protection to the public.
(4) "Certificate of registration" means a serially numbered document issued by the board certifying that the person named therein has been duly registered by the board as a registered sanitarian, containing the name of the person registered and the date of registration, and authenticated by the signatures as determined by the board.
HISTORY: 1962 Code Section 56-1546.2; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-20. State Board of Examiners for Registered Environmental Sanitarians; composition; responsibilities; removal of members; vacancies.

There is created the South Carolina State Board of Examiners for Registered Environmental Sanitarians composed of six members appointed by the Governor, one of whom is the executive officer of the Department of Health and Environmental Control or his designee, three environmental sanitarians who are qualified by education and experience to be registered environmental sanitarians, and two public members who are not environmental sanitarians or do not have any pecuniary interests in any entity engaged in the business of environmental sanitarians. All members of the board must be residents of the State and serve for terms of four years and until their successors are appointed and qualify. Members of the board are eligible for reappointment but cannot serve more than two consecutive terms.
The board is responsible for examining applicants for registered environmental sanitarians, investigating complaints, and investigating and prosecuting violations of this chapter.
The board may promulgate regulations to carry out the provisions of this chapter.
The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member must be removed without first giving him an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed.
Vacancies on the board are filled in the same manner as the original appointment for the unexpired portion of the term.
HISTORY: 1962 Code Section 56-1546.1; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-30. Qualification of board members; board meetings; register of applications for certification; allowances to board members.

The members of the board shall qualify by taking an oath of office before a notary public or other officer authorized to administer oaths in this State.
The board shall meet at least once each year and at such other times as its bylaws provide. A quorum for the meetings consists of four members. At its initial meeting the board shall elect from its membership a chairman, a vice-chairman, and a secretary to serve for one-year terms. The board may adopt bylaws and rules of procedure necessary to perform its duties.
If a board member is disqualified and his absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual shall take the same oath as required of other members of the board.
The board shall have a seal and the impression thereof must be attached to all official documents issued by it.
The board shall keep a record of its proceedings and a register of all applications for certificates of registration which shows:
(a) The name, age, and residence of each applicant.
(b) His educational and other qualifications.
(c) Whether an examination was required.
(d) Whether the applicant was rejected.
(e) Whether a certificate of registration was granted.
(f) The date of the action of the board.
(g) Other information as may be deemed necessary by the board.
The records of the board are prima facie evidence of the proceedings of the board set forth therein and a transcript thereof, duly certified by the secretary under seal, is admissible in evidence with the same force and effect as if the original were produced.
Each member may be allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions for each day actually engaged in the duties of his office, including a reasonable number of days for the preparation and reviewing of examinations in addition to the time actually spent in conducting examinations.
HISTORY: 1962 Code Section 56-1546.3; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-40. Powers of board in connection with investigations and proceedings; desist orders and injunctions.

For the purpose of any investigation or proceeding under this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.
Whenever the board has reason to believe that any person is violating or intends to violate any provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge may issue ex parte a temporary injunction not to exceed ten days and upon notice and full hearing may issue any other order in the matter it deems proper. No bond is required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
HISTORY: 1962 Code Section 56-1546.4; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A; 1993 Act No. 181, Section 941.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-50. Remission of revenues; assessment of fees; annual report.

All revenues and income from certificates, examination fees, other fees, sale of commodities, and services and income derived from any board source or activity must be remitted to the State Treasurer as collected, when practicable, and credited to the general fund of the State. All assessments fees, or certificates must be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board plus any additional funds allocated by the Department of Administration for implementation of the state's personnel compensation plan.
The annual report required by Act 165 of 1979 must be made by the board in accordance with the provisions of that act.
HISTORY: 1962 Code Section 56-1546.5; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-60. Requirements for certificate of registration.

The board must issue a certificate of registration to all applicants who certify to the board under oath that the applicant is a graduate with a baccalaureate degree from an accredited college or university, who has satisfactorily completed at least twelve semester hours or its equivalent of academic work in the basic natural sciences, or pass a written or oral examination as prescribed by the board. Any person desiring to be examined by the board must make application and pay a fee to the board in the manner prescribed by the board.
HISTORY: 1962 Code Section 56-1546.6; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-70. Annual renewal of certificates.

The board shall renew annually certificates upon payment of a fee and completion of any required continuing education courses.
HISTORY: 1962 Code Section 56-1546.7; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-80. Complaints and proceedings against registered environmental sanitarians.

The board shall receive complaints by any person against a registered environmental sanitarian and shall require a complaint to be submitted in written form specifying the exact charge. Upon receipt of the complaint, the chairman or his designee shall investigate the allegations in the complaint and make a report to the board concerning his investigation. If the board desires to proceed further, it may file a formal accusation charging the registered environmental sanitarian with a violation of a provision of this chapter. The accusation must be signed by the chairman on behalf of the board. When the accusation is filed the board shall set a date and place for hearing thereon and the board must notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked.
The accused has the right to be confronted with and to cross-examine the witnesses against him and he has the right to counsel. For the purposes of such hearing, the board may require by subpoena the attendance of witnesses, the production of documents, may administer oaths and hear testimony, either oral or documentary, for and against the accused. In instances where a board member has made the initial investigation or complaint, he may not sit with the board at the hearing of the complaint.
The notice must be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished by the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice.
All investigations and proceedings undertaken under the provisions of this chapter are confidential.
Every communication, whether oral or written, made by or on behalf of any complainant to the board or member thereof, pursuant to this chapter, whether by way of complaint or testimony, is privileged; and no action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice.
No part of this chapter is construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
HISTORY: 1962 Code Section 56-1546.8; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-100. Reciprocity.

Reciprocity with those states having an act for the registration of sanitarians whose provisions are equivalent as determined by the board may be entered into by the board under the appropriate bylaws and rules of procedure as may be prescribed by the board.
HISTORY: 1962 Code Section 56-1546.10; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-110. Disciplinary action; publication and review of board decision.

If the board is satisfied that the registered environmental sanitarian is guilty of any offense charged in the formal accusation provided for in this chapter, it must revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the sanitarian to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the sanitarian as circumstances warrant until the sanitarian demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of the action must then be mailed by the secretary of the board to the accused at his last known address as provided to the board.
Any final order of the board finding that a registered environmental sanitarian is guilty of any offense charged in a formal accusation shall become public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state associations, and all registered environmental sanitarians with which the respondent is associated, states where the registered environmental sanitarian has a certificate as known to the board, and to any other source that the board wishes to furnish this information.
Any decision by the board to revoke, suspend, or otherwise restrict the certificate must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon petition filed by the sanitarian with an administrative law judge and a copy served upon the secretary of the board within thirty days from the date of delivery of the board's decision to the sanitarian. The review is limited to the record established by the board's hearing.
HISTORY: 1962 Code Section 56-1546.11; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A; 1993 Act No. 181, Section 942.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-120. Requirement of certificate.

It is unlawful for any person to practice as a registered environmental sanitarian or represent himself as a registered environmental sanitarian unless the person has fully complied with the provisions of this chapter and has been issued a current certificate of registration.
HISTORY: 1962 Code Section 56-1546.12; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-130. Penalties.

Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 56-1546.13; 1962 (52) 1918; 1984 Act No. 512, Part II, Section 58A.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 61 - Sanitarians › Section 40-61-140. Persons entitled to certificate without examination.

The board must issue a certificate of registration without examination of any person who on June 30, 1983, was a registered sanitarian duly registered with the South Carolina Board of Examiners for Registered Sanitarians.
The board must also issue a certificate of registration to any individual who is working in environmental health and control programs in the State on the effective date of this chapter who is not a registered environmental sanitarian who makes application to the board and takes the examination prior to July 1, 1985.
HISTORY: 1984 Act No. 512, Part II, Section 58B.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-5. Application of chapter; conflict of laws.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the Board of Social Work Examiners 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.
HISTORY: 2002 Act No. 189, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-10. State Board of Social Work Examiners; membership; oath; expense reimbursements.

(A) There is created the State Board of Social Work Examiners to be composed of seven members appointed by the Governor, with the advice and consent of the Senate, including one lay member, two licensed baccalaureate social workers, two licensed master social workers, and two licensed independent social workers (clinical or advanced practice). All members must be residents of this State and the social workers must have been in the active practice of social work for at least five years before appointment. The terms of the members are for four years and until their successors are appointed and qualify. Members of the board are eligible for reappointment. The board shall have powers and duties as stated in Section 40-1-70. The board may promulgate regulations to carry out the provisions of this chapter. The Governor may remove a member in accordance with Section 1-3-240. No member may be removed without an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed. Vacancies on the board must be filled in the manner of the original appointment for the unexpired portion of the term.
(B) The members of the board shall qualify by taking an oath of office before a notary public or other officer authorized to administer oaths in this State.
(C) Members may receive for their services mileage, expenses, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.
HISTORY: 2002 Act No. 189, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1600.1; 1968 (55) 2800; 1988 Act No. 568, Section 1; 1993 Act No. 181, Section 943.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-30. License as prerequisite to practice or offer to practice; providing social work services through telephone or electronic means.

(A) No individual shall offer social work services or use the designation "Social Worker", "Licensed Baccalaureate Social Worker", "Licensed Masters Social Worker", "Licensed Independent Social Worker-Clinical Practice", "Licensed Independent Social Worker-Advanced Practice", or the initials "LBSW", "LMSW", or "LISW" or any other designation indicating licensure status or hold themselves out as practicing social work or as a Baccalaureate Social Worker, Masters Social Worker, or Independent Social Worker unless licensed in accordance with this chapter.
(B) A person providing social work services to a client in this State, through telephonic, electronic, or other means, regardless of the location of the social worker, who is not licensed or registered by this State, is practicing without a license. A social worker licensed by this State may provide services through these means to a client in this State within their appropriate scope of practice.
HISTORY: 2002 Act No. 189, Section 1; 2022 Act No. 155 (S.1179), Section 1, eff June 12, 2022.
Editor's Note
Prior Laws:1962 Code Section 56-1600; 1968 (55) 2800; 1982 Act No. 453, Section 3; 1988 Act No. 568, Section 1; 1976 Code Section 40-63-50.
Effect of Amendment
2022 Act No. 155, Section 1, in (B), in the first sentence, substituted "licensed or registered by this State" for "licensed in this State", and added the second sentence.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 63 - Social Workers › Section 40-63-40. General public board members; nominations; appointments.

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, the section encouraging public and consumer membership on the boards administered by the Department of Labor, Licensing and Regulation.
HISTORY: 2002 Act No. 189, Section 1.