reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-230. Registration certificate not transferable; review of applications for admission to practice; license qualifications.

(A) The privilege of engaging in the practice of architecture is a personal privilege based upon the qualifications of the individual and evidenced by the person's registration certificate which is not transferable.
(B) The board shall review the applications of all applicants for admission to practice architecture. The review shall consist of an inquiry into the record, character, education, experience, knowledge, and qualifications of the applicant. An applicant approved by the board as qualified must take the National Council of Architectural Registration Boards Architect Registration Examination (A.R.E.).
(C) To be licensed as an architect, an individual must:
(1) have a professional degree in architecture from a school or college program accredited by the National Architectural Accrediting Board (NAAB) or the Canadian Architectural Certification Board (CACB). The school or program must be accredited by NAAB or CACB not later than two years after the applicant's graduation. Foreign-educated applicants who do not hold an accredited degree from either accrediting body may have their educational credentials evaluated by an organization approved by the board to determine if their foreign degree is equivalent to the required professional degree in architecture. Additionally, foreign-educated applicants must satisfy National Council of Architectural Registration Boards' general educational requirements;
(2) have satisfactorily completed the training requirements established by the National Council of Architectural Registration Boards (NCARB) for the Architectural Experience Program (AXP). Changes in the program subsequently adopted by the board do not affect those persons currently enrolled in a previously adopted (AXP) program;
(3) have attained a passing score on all subject areas of the NCARB Architect Registration Examination (A.R.E.). Subject areas may include, but are not limited to, predesign, site design, building design, structural technology, materials and methods of construction, mechanical, plumbing, electrical, acoustical, life safety systems, and construction documents and services.
(D) An applicant may not be licensed as an architect if the individual has been convicted of a felony or a crime of moral turpitude, misstated or misrepresented any fact in connection with the application, violated any of the rules of registrant conduct set forth in the law or regulations, or practiced architecture without being registered. However, if an applicant has committed any of these acts, the board may register the applicant on the basis of suitable evidence of reform.
HISTORY: 1998 Act No. 424, Section 1; 2002 Act No. 366, Section 2; 2016 Act No. 215 (S.1177), Section 2, eff June 3, 2016.
Effect of Amendment
2016 Act No. 215, Section 2, in (C)(2), substituted "Architectural Experience" for "Intern Development" and twice substituted "AXP" for "IDP".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-240. Application for licensure; examination; credits from other jurisdictions.

(A) An application for licensure must be made on board application forms. A completed application signed and sworn to by the applicant must be filed with the board office and must be accompanied by all applicable fees. No application may be considered until the fees have been paid. Application fees are nonrefundable.
(B) The Architectural Registration Examination must be administered in a format and manner prescribed by the National Council of Architectural Registration Boards (NCARB) to all applicants for initial licensure. Applicants must pass all subject areas within the time prescribed by the National Council of Architectural Registration Boards (NCARB). Scores for the individual subject areas must not be averaged.
(C) An applicant must satisfy the requirements of Section 40-3-230(C)(1) and must be currently enrolled and actively participating in the Architectural Experience Program or be a student actively participating in an NCARB-accepted Integrated Path to Architectural Licensure (IPAL) option within an NAAB-accredited professional degree program in architecture in order to be approved by the board to take the Architectural Registration Examination. Once an applicant has been approved to take the examination, any subsequent changes in the education or experience requirements do not affect the applicant's eligibility to take the examination.
(D) The board may accept transfer credits for individual subject areas of the examination passed by the applicant from another jurisdiction.
HISTORY: 1998 Act No. 424, Section 1; 2005 Act No. 69, Section 1; 2008 Act No. 307, Section 2; 2016 Act No. 215 (S.1177), Section 3, eff June 3, 2016.
Editor's Note
Prior Laws:1917 (30) 198; 1920 (31) 832; Civ. C. '22 Section 2880; 1922 (32) 823; 1932 Code Section 7057; 1942 Code Section 7057; 1952 Code Section 56-55; 1957 (50) 258; 1962 Code Section 56-55; 1966 (54) 2161; 1984 Act No. 503, Section 1; 1976 Code Section 40-3-60.
Effect of Amendment
2016 Act No. 215, Section 3, in (C), substituted "Architectural Experience Program or be a student actively participating in an NCARB-accepted Integrated Path to Architectural Licensure (IPAL) option within an NAAB-accredited professional degree program in architecture" for "Intern Development Program".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-250. Renewal of license.

(A) An individual and firm licensed under this chapter shall satisfy license renewal requirements as established by the board in regulation, which must include continuing education requirements for individuals. An individual shall complete a minimum of twelve continuing education hours annually in topics related to safeguarding health, safety, and welfare. Emeritus architects are not required to meet continuing education requirements. Individuals and firms annually shall pay the required renewal fee on a date set by the board in order to continue practicing architecture in South Carolina.
(B) Both individual and firm certificates may be renewed at any time within one year from the date of expiration upon payment of the established fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the year.
(C) If an individual or firm fails to renew within one year from the date of expiration, the certificate may be reissued upon submission of a new application accompanied by the application fee and approval by the board.
(D) Emeritus architects who wish to return to active practice shall complete continuing education requirements for each exempted year not to exceed two years. Applicable fees also must be paid.
(E) Registrants must comply with continuing education audit deadlines and requirements.
HISTORY: 1998 Act No. 424, Section 1; 2000 Act No. 296, Section 1; 2002 Act No. 366, Section 3; 2008 Act No. 307, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-255. South Carolina Architecture Education and Research Fund established.

(A) The department, at the board's request, may allocate up to ten dollars of each renewal fee to the South Carolina Architecture Education and Research Fund, which must be established as a separate and distinct account and used exclusively for:
(1) advancement of education and research for the benefit of individuals and firms licensed under this chapter and for architectural interns;
(2) analysis and evaluation of factors which affect the architecture profession in this State; and
(3) dissemination of the results of the research.
(B) The board shall submit to the Chairmen of the House and Senate Labor, Commerce and Industry Committees by August first of each year a report on how the funds were expended for the preceding fiscal year.
HISTORY: 2002 Act No. 366, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-260. Registration of architects registered in another state, territory, or foreign country.

An architect registered in another state, territory, or foreign country, having standards of registration equal to those in this State, may be registered upon a satisfactory showing of character and record only.
HISTORY: 1998 Act No. 424, Section 1.
Editor's Note
Prior Laws:1917 (30) 198; 1920 (31) 832; Civ. C. '22 Section 2880; 1922 (32) 823; 1932 Code Section 7057; 1942 Code Section 7057; 1952 Code Section 56-56; 1962 Code Section 56-56; 1984 Act No. 503, Section 1; 1976 Code Section 40-3-70
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-270. Certificate of authority.

(A) A firm desiring a certificate of authorization shall file with the board an application on forms provided by the board and pay an application fee. Before a certificate of authorization may be issued to an out-of-state business or professional corporation, the corporation must be approved to transact business in this State. A copy of the approved certificate of authority issued by the State must be filed with the board application.
(B) A firm must maintain on file in the board office the name of the individual in full authority and responsible charge and written evidence of authority. Failure to provide accurate and timely information may constitute a violation of this subsection.
(C) For the purpose of this chapter, a sole proprietorship means a business in which one or more registered architects are engaged as employees; however, the practice must be conducted under the name registered with the board as an individual (i.e., John Doe, Architect). Any other practice name, i.e., Doe & Company, or Doe & Associates, requires a certificate of authorization to practice.
(D) If a South Carolina firm seeks to register under a name referring to persons rather than a trade name, the persons referred to in the firm's name must be licensed as individual architects, engineers, land surveyors, or landscape architects in this State.
(E) If an out-of-state firm seeks to register under a name referring to persons rather than a trade name, the persons referred to in the firm's name must be licensed as individual architects, engineers, land surveyors, or landscape architects in this State or in another state or jurisdiction.
(F) The requirement to obtain a certificate of authorization applies to associations for one or more projects but does not apply to an out-of-state firm or individual retained by a registered South Carolina architect as a consultant only.
(G) A registered architect practicing in his name who does not employ a registered architect is not required to obtain a certificate of authority.
HISTORY: 1998 Act No. 424, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-280. Seal.

(A) Every architect and firm practicing in this State shall have a seal containing the name, the place of business, and the words "Registered Architect, State of South Carolina" with which they shall seal all drawings, prints, and specifications for use in their profession.
(B) The seal of the individual architect in responsible charge, as well as the seal of the firm, must appear on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal. An electronic seal and signature may be used in lieu of an original seal and signature by applicable policy or regulation.
HISTORY: 1998 Act No. 424, Section 1; 2008 Act No. 307, Section 4.
Editor's Note
Prior Laws:1917 (30) 198; Civ. C. '22 Section 2884; 1922 (32) 823; 1932 Code Section 7061; 1942 Code Section 7061; 1952 Code Section 56-60; 1962 Code Section 56-60; 1984 Act No. 503, Section 1; 1988 Act No. 440, Section 5; 1992 Act No. 446, Section 6; 1976 Code Section 40-3-110.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-290. Exceptions from coverage of chapter.

(A) Nothing in this chapter prohibits a general contractor or a home builder from the preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements of this chapter.
(B) Nothing in this chapter prevents or affects the practice of any other legally recognized profession.
(C) If the drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparations of plans and specifications for:
(1) a building which is to be used for farm purposes only;
(2) a building less than three stories high and containing fewer than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;
(3) one-family and two-family dwellings, including townhouses, in compliance with the prescriptive requirements of the South Carolina Residential Code. All other buildings and structures classified for residential occupancies or uses in the South Carolina Building Code that are beyond the scope of the South Carolina Residential Code are not exempt from the provisions of this chapter;
(4) alterations to a building to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building.
(D) Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 22 of Title 40, or architectural work incidental to the practice of engineering.
HISTORY: 1998 Act No. 424, Section 1; 2021 Act No. 54 (S.500), Section 1, eff May 17, 2021.
Editor's Note
Prior Laws:Civ C. '22 Section 2878; 1917 (30) 198; 1922 (32) 823; 1932 Code Section 7055; 1942 Code Section 7055; 1952 Code Section 56-63; 1962 Code Section 56-63; 1966 (54) 2161; 1984 Act No. 503, Section 1; 1992 Act No. 446, Section 11; 1976 Code Section 40-3-160.
Effect of Amendment
2021 Act No. 54, Section 1, in (C), rewrote (3).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-300. Prohibition on entering into contract for professional services on any basis other than direct negotiations; exceptions.

An architect may not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. However, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined.
HISTORY: 1998 Act No. 424, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-310. Service of process on nonresident architect.

(A) Service of a notice provided for by law upon a nonresident architect who has been admitted to the practice of architecture or upon a resident architect who, having been admitted, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the administrator of the board a copy of the notice and any accompanying documents and by sending to the architect by certified mail an attested copy, with an endorsement on the copy of the service upon the administrator, addressed to the architect at his last known address.
(B) The return receipt for the certified mail must be attached to and made a part of the return of service of the notice by the board. The chairman of the board before which there was pending a proceeding in which notice has been given, as provided in this section, may order a continuance as may be necessary to afford the architect reasonable opportunity to appear and defend. The administrator shall keep a record of the day of the service of the notice and any accompanying documents.
HISTORY: 1998 Act No. 424, Section 1.
Editor's Note
Prior Laws:1984 Act No. 503, Section 1; 1992 Act No. 446, Section 12; 1976 Code Section 40-3-170.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-320. Issuance of building permits.

The building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, must be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.
HISTORY: 1998 Act No. 424, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-325. Architect immunity.

A licensed architect under the provisions of this chapter is immune from liability for volunteer architectural services provided during an emergency in the same manner as a licensed engineer is immune for volunteer engineering services as provided in Section 40-22-295. This section does not provide immunity from liability for persons merely registered in this State pursuant to Section 40-3-260.
HISTORY: 2012 Act No. 280, Section 2, eff June 26, 2012.
Editor's Note
2012 Act No. 280, Section 1, provides as follows:
"This act may be cited as the 'Architects' and Engineers' Volunteer Act'."
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 3 - Architects › Section 40-3-330. 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: 1998 Act No. 424, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-10. Inherent power of Supreme Court to regulate practice of law; other powers cumulative.

The inherent power of the Supreme Court with respect to regulating the practice of law, determining the qualifications for admission to the bar and disciplining, suspending and disbarring attorneys at law is hereby recognized and declared. The authority conferred on that court in Sections 40-5-10 to 40-5-60 shall be deemed as cumulative thereto.
HISTORY: 1962 Code Section 56-96; 1957 (50) 553.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-20. Supreme Court empowered to promulgate rules and regulations concerning practice of law; establishment of South Carolina State Bar.

The Supreme Court may from time to time prescribe, adopt, promulgate and amend such rules and regulations as it may deem proper (a) defining and regulating the practice of law, (b) determining the qualifications and requirements for admission to the practice of law, (c) prescribing a code of ethics governing the professional conduct of attorneys at law, (d) prescribing the procedure for disciplining, suspending, disbarring and reinstating attorneys at law, (e) organizing and governing an association to be known as the South Carolina State Bar which shall be composed of the attorneys at law of the State, and which shall act as an administrative agency of the Supreme Court of South Carolina for the purpose of improving the administration of justice, and (f) fixing an annual license fee for the practice of law in this State, the payment of which shall entitle but not require any attorney to be a member in the South Carolina State Bar and providing for the collection and the disbursement of such license fees. At such time as the South Carolina State Bar is established all offices, appointments or official duties heretofore delegated or given to the South Carolina Bar Association or any officer of the same by statute or appointment of the State of South Carolina or any branch thereof shall be vested in the South Carolina State Bar and its officers.
HISTORY: 1962 Code Section 56-97; 1957 (50) 553; 1967 (55) 338.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-40. Supreme Court empowered to appoint boards to examine applicants, investigate complaints, and hear disciplinary proceedings; subpoena powers.

The Supreme Court may appoint boards or committees to examine all applicants for admission to the bar, and boards or committees to act as administrative agencies of the court for the purpose of investigating and reporting the violation of such rules and regulations as are adopted by the court and to hear all causes involving discipline, disbarment, suspension or reinstatement of attorneys and to make recommendations thereon to the Supreme Court. Such hearings shall be had under such procedure as may be established by the court. Any such administrative agency created by the Supreme Court shall have the power of subpoena for the purpose of aiding it in hearing cases of discipline, suspension or disbarment.
HISTORY: 1962 Code Section 56-98; 1957 (50) 553.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-50. Filing of rules and regulations; effective date; conflict with other laws.

All rules and regulations promulgated and adopted under the terms of Sections 40-5-20 and 40-5-40 shall be filed with the clerk of the Supreme Court and shall not be effective until the lapse of three months after they are so filed. Upon such rules and regulations becoming effective, they shall supersede all laws or parts of laws in conflict therewith to the extent of the conflict.
HISTORY: 1962 Code Section 56-99; 1957 (50) 553.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-60. General Assembly not precluded from prohibiting practice of law by any class.

Nothing in Sections 40-5-10 to 40-5-50 shall preclude the General Assembly from prohibiting the practice of law in this State by any class of individuals.
HISTORY: 1962 Code Section 56-100; 1957 (50) 553.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-70. Additional provisions concerning Supreme Court rules and rules of the State Board of Law Examiners.

The justices of the Supreme Court may pass such rules as may be necessary to carry into effect the provisions of this chapter and from time to time amend such rules as occasion may require. The State Board of Law Examiners may also make rules for its conduct and government, not inconsistent with the provisions of law and subject to the approval of the Supreme Court.
HISTORY: 1962 Code Section 56-101; 1952 Code Section 56-101; 1942 Code Section 318; 1932 Code Section 318; Civ. P. '22 Section 274; Civ. C. '12 Section 3914; 1910 (26) 750.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-80. Citizen may prosecute or defend own cause.

This chapter may not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires.
HISTORY: 1962 Code Section 56-102; 1952 Code Section 56-102; 1942 Code Section 326; 1932 Code Section 326; Civ. P. '22 Section 282; Civ. C. '12 Section 3922; Civ. C. '02 Section 2819; G. S. 2167; R. S. 2295; 1721 (7) 173; 1868 (14) 97; 2002 Act No. 307, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-210. State Board of Law Examiners.

There is hereby created a State Board of Law Examiners. The Board of Law Examiners shall be appointed by the Supreme Court and shall have such duties as the court shall prescribe. The number of members of the board and the terms of the members shall be set by the Supreme Court. To be eligible for appointment to the board, a person must be actively engaged in the practice of law in South Carolina and must have been an active member of the South Carolina Bar for at least seven years. Members shall be eligible for reappointment. Should a vacancy occur, the court shall fill the vacancy for the unexpired term. At least one member from each congressional district must be appointed by the Supreme Court.
HISTORY: 1962 Code Section 56-111; 1952 Code Section 56-111; 1942 Code Section 314; 1932 Code Section 314; Civ. P. '22 Section 270; Civ. C. '12 Section 3910; 1910 (26) 750; 1969 (56) 49; 2002 Act No. 307, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-220. License granted only by Supreme Court; applications for licensure.

No original license to practice as an attorney, solicitor or counsellor shall be granted except by the Supreme Court. All applications for admission to the bar in the State shall be made by petition to the Supreme Court.
HISTORY: 1962 Code Section 56-113; 1952 Code Section 56-113; 1942 Code Sections 313, 314; 1932 Code Sections 313, 314; Civ. P. '22 Sections 269, 270; Civ. C. '12 Sections 3909, 3910; Civ. C. '02 Section 2812; G. S. 2161; R. S. 2288; 1878 (16) 472; 1910 (26) 750.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-230. Effect of article on disciplinary powers of courts.

Nothing in this article contained shall be construed to deprive the courts of this State of the power, as at present existing, of disbarring or otherwise punishing members of the bar.
HISTORY: 1962 Code Section 56-128; 1952 Code Section 56-128; 1942 Code Section 319; 1932 Code Section 319; Civ. P. '22 Section 275; Civ. C. '12 Section 3915; 1910 (26) 750.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-310. Practicing law or soliciting legal cause of another without being enrolled as member of South Carolina Bar.

No person may either practice law or solicit the legal cause of another person or entity in this State unless he is enrolled as a member of the South Carolina Bar pursuant to applicable court rules, or otherwise authorized to perform prescribed legal activities by action of the Supreme Court of South Carolina. The type of conduct that is the subject of any charge filed pursuant to this section must have been defined as the unauthorized practice of law by the Supreme Court of South Carolina prior to any charge being filed. A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
HISTORY: 1962 Code Section 56-141; 1952 Code Section 56-141; 1942 Code Section 312; 1932 Code Section 312; Civ. P. '22 Section 268; Civ. C. '12 Section 3908; Civ. C. '02 Section 2811; G.S. 2159; R. S. 2287; 1721 (7) 173; 1995 Act No. 7, Part II, Section 59; 2009 Act No. 38, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-320. Practice of law by corporations and voluntary associations unlawful.

(A) It is unlawful for a corporation or voluntary association to:
(1) practice or appear as an attorney at law for a person other than itself in a court in this State or before a judicial body;
(2) make it a business to practice as an attorney at law for a person other than itself in a court or judicial body;
(3) hold itself out to the public as being entitled to practice law, render or furnish legal services, advise or to furnish attorneys or counsel, or render legal services in actions or proceedings;
(4) assume to be entitled to practice law or to assume, use, or advertise the title of lawyer, attorney, attorney at law, or equivalent terms in any language as to convey the impression that it is entitled to practice law or to furnish legal advice, services, or counsel; or
(5) advertise that it has, owns, conducts, or maintains a law office or an office for the practice of law or for furnishing legal advice, services, or counsel, either alone or together with, by, or through a person, whether a duly and regularly admitted attorney at law, or not.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
HISTORY: 1962 Code Section 56-142; 1952 Code Section 56-142; 1946 (44) 2575; 1993 Act No. 184 Section 224.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-330. Attorney may not argue more than two hours without court permission.

No attorney, solicitor or counsellor shall be allowed to occupy more than two hours of the time of the court in the argument of any cause, unless he shall first obtain the special permission of the court to do so.
HISTORY: 1962 Code Section 56-143; 1952 Code Section 56-143; 1942 Code Section 325; 1932 Code Section 325; Civ. P. '22 Section 281; Civ. C. '12 Section 3921; Civ. C. '02 Section 2818; G. S. 2166; R. S. 2294; 1868 (14) 97.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-340. Penalties for purchasing claims for suit.

If any attorney, solicitor or counsellor shall enter into any speculating practices, by purchasing or procuring to be purchased any note or other demand for the purpose of putting the same in suit, when otherwise the owner or holder thereof would not sue upon it, such attorney, solicitor or counsellor shall pay a fine of one hundred dollars and shall thereafter be incapable of practicing as such in any court until restored by the Supreme Court.
HISTORY: 1962 Code Section 56-144; 1952 Code Section 56-144; 1942 Code Section 324; 1932 Code Section 324; Civ. P. '22 Section 280; Civ. C. '12 Section 3920; Civ. C. '02 Section 2817; G. S. 2165; R. S. 2293; 1868 (14) 97.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-350. Soliciting legal business unlawful.

It is unlawful for a person or his agent, employee, or anyone acting on his behalf to:
(1) solicit or procure through solicitation, either directly or indirectly, legal business; or
(2) solicit or procure through solicitation a retainer, written or oral, or an agreement authorizing an attorney to perform or render legal services.
A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
HISTORY: 1962 Code Section 56-145; 1952 Code Section 56-145; 1946 (44) 2575; 1993 Act No. 184, Section 225.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-360. Splitting fees with lay persons unlawful.

It is unlawful for a person, partnership, corporation, or association to divide with or receive from, or to agree to divide with or receive from, an attorney or group of attorneys, whether practicing in this State or elsewhere, any portion of a fee or compensation charged or received by an attorney or any valuable consideration or reward as an inducement for placing or in consideration of having placed in the hands of an attorney, or in the hands of another person a claim or demand of any kind for the purpose of collecting the claim or bringing an action on the claim or of representing the claimant in the pursuit of any civil remedy for the recovery of the claim. This section does not apply to an agreement between attorneys to divide between themselves the compensation to be received.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
HISTORY: 1962 Code Section 56-146; 1952 Code Section 56-146; 1946 (44) 2575; 1993 Act No. 184 Section 226.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-370. Furnishing advice or service to debtor in debt pooling plan involving deposit for distribution to creditors as practice of law violation constitutes misdemeanor; penalty.

The furnishing of advice or services for compensation to a debtor in connection with a debt pooling plan pursuant to which the debtor deposits funds for the purpose of distributing them among his creditors shall be deemed to be the practice of law. Any person, other than one licensed to practice law in this State, who furnishes or offers to furnish such advice or services for compensation shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of five hundred dollars.
HISTORY: 1962 Code Section 56-147; 1963 (53) 556.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-380. Pro bono work by attorneys employed by the State.

An attorney employed by any executive agency of the State may, with the permission of his agency head, represent without fees indigent clients referred by a pro bono program organized, sponsored, or endorsed by the South Carolina Bar. The pro bono service must be at no cost to the State, and may not conflict with the attorney's official duties or the interests of the State. The attorney shall use compensatory or annual leave for pro bono services performed during normal working hours. Practice by attorneys employed by the General Assembly or the Judicial Department shall be governed by such policies and rules as may be adopted by their respective employer.
HISTORY: 1989 Act No. 154, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-510. Removal, suspension, and imprisonment of attorneys for contempt or disorderly conduct.

Attorneys, solicitors and counsellors may be removed or suspended and also, in aggravated cases, imprisoned, not exceeding twenty-four hours, by the several courts in which they have been admitted to practice, if, in the presence of such court, they are guilty of any disorderly conduct causing an interruption of business or amounting to an open and direct contempt to the court, its authority or person.
HISTORY: 1962 Code Section 56-151; 1952 Code Section 56-151; 1942 Code Section 322; 1932 Code Section 322; Civ. P. '22 Section 278; Civ. C. '12 Section 3918; Civ. C. '02 Section 2815; G. S. 2163; R. S. 2291; 1868 (14) 97.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 5 - Attorneys-at-law › Section 40-5-520. Additional causes of removal or suspension; hearing required.

Any attorney, solicitor or counsellor may be removed or suspended who shall be guilty of any deceit, malpractice or misbehavior, but not until a copy of the charges against him shall have been delivered to him by the clerk of the court in which the proceedings shall be had and an opportunity shall have been given him of being heard in his defense.
HISTORY: 1962 Code Section 56-152; 1952 Code Section 56-152; 1942 Code Section 323; 1932 Code Section 323; Civ. P. '22 Section 279; Civ. C. '12 Section 3919; Civ. C. '02 Section 2816; G. S. 2164; R. S. 2292; 1868 (14) 97.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-05. Application of Chapter 1; conflicts.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to auctioneers regulated by the Department of Labor, Licensing and Regulation. However, 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. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-10. Auctioneers' Commission created; membership and qualifications; compensation.

(A) There is created the South Carolina Auctioneers' Commission composed of five members to be appointed by the Governor in accordance with Section 40-1-50. The Governor shall consider nominations from any individual, group, or association. The terms of the members are for three years and until their successors are appointed and qualify. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only.
(B) At least three members of the commission must be licensed auctioneers and must be active in the auction profession. At least one member must not be connected with the auction business. A majority of the members of the commission constitute a quorum; however, if there is a vacancy on the commission, a majority of the members serving constitutes a quorum and any action taken by the commission must be by a positive majority vote of the members constituting a quorum. The members shall elect from among themselves a chairman who serves for one year and until a successor is elected and qualifies. The members of the commission shall receive the same per diem, mileage, and subsistence provided by law for members of state boards, committees, and commissions.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws: 1977 Act No. 111, Sections 3, 4; 1985 Act No. 125, Section 1; 1987 Act No. 35, Section 1; 1991 Act No. 38, Section 2; 1993 Act No. 181, Section 857; 1976 Code Sections 40-6-30, 40-6-40.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-20. Definitions.

For the purposes of this chapter:
(1) "Absolute auction" means the sale of real or personal property at auction whereby every item offered from the block is sold to the highest bidder without reserve and without the requirements of a minimum bid or other conditions which limit the sale other than to the highest bidder.
(2) "Auction" means the sale of goods or real estate by means of exchanges between an auctioneer and a member of an audience, the exchanges consisting of a series of invitations for offers made by the auctioneer, offers by members of the audience, and the acceptance by the auctioneer of the highest or most favorable offer.
(3) "Auction firm" means any business entity which engages in the business of conducting or offering to conduct auctions.
(4) "Auctioneer" means a person who conducts or offers to conduct auctions, including apprentice auctioneers.
(5) "Business entity" means a partnership, limited liability partnership, corporation, limited liability company, or other business association, excluding a sole proprietorship.
(6) "Commission" means the South Carolina Auctioneers' Commission.
(7) "Estate auction" means the sale at auction of property of a specified deceased person or the property of a specified living person's estate. Estate auctions may contain property other than that of the specified living or deceased person. The inclusion of additional property must be included in all advertising and auction announcements.
(8) "Fund" means the Auctioneer Recovery Fund established pursuant to Section 40-6-330.
(9) "Owner" means the bona fide owner of the property being offered for sale. In the case of a partnership, owner means a general partner in the partnership that owns the property being offered for sale; in the case of a limited partnership, the partnership must have filed a certificate of limited partnership as required by Section 33-42-210, and owner means a general partner as named in the filing required. In the case of a corporation, owner means a director of the corporation that owns the property being offered for sale, and the corporation must be authorized by the Secretary of State to conduct business in the State.
(10) "Sole proprietorship" means an auction business owned in its entirety by an auctioneer.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1977 Act No. 111, Sections 3, 4; 1988 Act No. 408, Section 1; 1988 Act No. 599, Section 1; 1993 Act No. 155, Section 4; 1976 Code Section 40-6-10.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-50. Administrative support; authority vested in commission; license fees.

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the commission in accordance with Section 40-1-50.
(B) The commission is the sole licensing authority for all licenses issued pursuant to this chapter and has the authority to discipline licensees.
(C) A person licensed as an auctioneer shall pay an annual license fee to the commission. Funds derived under this chapter must be paid to the State Treasurer who shall keep them in the manner provided for other agencies and commissions of the State. The commission shall establish license and examination fees by regulation.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-70. Initiation of investigation of fitness.

If the Director of the Department of Labor, Licensing and Regulation or the commission has reason to believe that an individual or firm has become unfit to engage in the conducting of auctions or has violated a provision of this chapter or a regulation promulgated under this chapter or if an individual files a written complaint with the commission or the director of the Department of Labor, Licensing and Regulation, charging an individual or firm with the violation of a provision of this chapter or a regulation promulgated under this chapter, the commission must approve the initiation of an investigation.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-80. Power to administer oaths and subpoena witnesses for purpose of investigation; taking evidence; compelling compliance.

For the purpose of an investigation or proceeding under this chapter, the commission or its designated agent may administer oaths and upon its own motion or upon request of any party, shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the commission or its designated agent and upon reasonable notice to all persons affected, the department may apply to the Administrative Law Court for an order compelling compliance.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-100. Cease and desist order; petition for temporary restraining order; temporary injunction.

(A) In addition to other remedies provided for in this chapter or Chapter 1 of Title 40, the commission in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter or a regulation promulgated under this chapter.
(B) If the commission has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The commission may apply to an administrative law judge for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the manner it considers proper. No bond may be required of the commission by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-110. Grounds for action against licensee or one otherwise acting as auctioneer; licensee adjudged mentally incompetent.

(A) In addition to the grounds of misconduct provided for in Section 40-1-110, the commission may take action, pursuant to Section 40-6-210, against a licensee or a person who has unlawfully assumed to act in the capacity as an auctioneer if the person or licensee is found by the commission to have:
(1) violated this chapter or a regulation promulgated under this chapter; or
(2) engaged in a continued and flagrant course of misrepresentation or made false promises or authorized an agent of the licensee to make misrepresentations or false promises;
(3) failed to account for or to pay over within a reasonable time, not to exceed thirty days, money belonging to another which has come into the licensee's possession through an auction sale;
(4) used misleading or untruthful advertising;
(5) engaged in conduct in connection with a sales transaction, which demonstrates bad faith or dishonesty;
(6) knowingly used false bidders, cappers, or pullers or knowingly made a material false statement or representation;
(7) been convicted of a felony or an act involving fraud or moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;
(8) wilfully failed to properly and fully complete an application or made a false statement or gave false information in connection with an application for a license or renewal or reinstatement of a license or an investigation by the commission or the commission's designated agent;
(9) failed to maintain or to deposit in a trust or escrow account in an insured bank or savings and loan association within three business days funds received for another person through sale at auction, unless otherwise required by law;
(10) failed to pay a fine assessed or ordered by the commission under Section 40-6-210;
(11) wilfully failed to properly make a disclosure or to provide documents or information required by this chapter or the commission;
(12) demonstrated lack of financial responsibility;
(13) knowingly performed an act, which substantially assists a person to conduct an auction illegally;
(14) practiced during the time his license has lapsed or been suspended or revoked.
(B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the commission until the licensee is adjudged competent by a court of competent jurisdiction.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1977 Act No. 111, Section 16; 1987 Act No. 33 Section 1; 1990 Act No. 511, Section 1; 1993 Act No. 155, Section 13; 1976 Code Section 40-6-160.