reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-250. Continuing education program; persons exempt.

The board shall develop in regulation a continuing education program and each licensee must attend a minimum of three credit hours annually. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary if the person has been licensed for thirty or more years or is sixty years old or older.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-260. Business establishment; presence of funeral director required.

The practice of funeral service may be engaged in only at a licensed establishment. A licensed funeral director shall make arrangements with clients and must be at the place of the funeral and committal services.
HISTORY: 1998 Act No. 380, Section 1.
Editor's Note
Prior Laws:1983 Act No. 146, Section 1; 1976 Code Section 40-19-110.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-265. Permit requirements for funeral homes.

(A) A permit for a funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290.
(B) A permit for a branch funeral home may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290;
(7) provides the name of the parent funeral home.
(C) A permit for a retail sales outlet may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) is in full compliance with Section 40-19-290.
(D) A permit for a crematory may be issued if the applicant:
(1) submits an application on a form approved by the board;
(2) submits to and successfully passes an inspection approved by the board;
(3) submits the applicable nonrefundable fee;
(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-five miles of the establishment;
(5) possesses the necessary equipment or merchandise, or both, required by regulation;
(6) is in full compliance with Section 40-19-290;
(7) provides evidence of employment of a factory trained operator.
(E) An application for a permit issued pursuant to this section must identify every person having the ability to direct the management or policies, or both, of the funeral establishment including, but not limited to, corporate officers employed, shareholders, partners, and other representatives of the corporation or business.
HISTORY: 2002 Act No. 322, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-270. Permit for funeral establishment; funeral services in private residence, church, or lodge; inspection of premises; residence of funeral director; application for permits; partnership or corporation operating funeral establishment.

(A) No person shall conduct, maintain, manage, or operate a funeral establishment, crematory, or retail sales outlet unless a permit for each establishment, retail sales outlet, or crematory has been issued by the board and is displayed conspicuously in the funeral establishment crematory, or retail sales outlet.
(B) The board or its inspector or agents may enter the offices or premises of a funeral establishment, funeral home, mortuary, branch funeral home, retail sales outlet, or crematory to inspect the premises or observe the training provided to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.
(C) No permit to operate a funeral establishment or crematory may be issued unless the funeral establishment or crematory has a manager when the establishment or crematory is open for any type of funeral business or activity. The board must be notified within thirty days upon the death, resignation, or incapacity of the manager of a funeral establishment or crematory as provided for in Regulation 57-10(c) and may issue a temporary permit to another manager upon terms and conditions the board considers to be in the best interest of the community in which the establishment or crematory is located.
(D) An application for a funeral establishment, crematory, or retail sales outlet permit must be made on forms furnished by the board and must be filed with the board accompanied by a fee established by the board in regulation. All permits expire on June thirtieth of each odd-numbered year.
(E) When more than one person proposes to engage in the operation of a funeral establishment or crematory as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director or the corporation or partnership must employ a full-time manager. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless the person is licensed in accordance with this chapter.
HISTORY: 1998 Act No. 380, Section 1; 2002 Act No. 322, Section 7.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-290. Disclosure of expenses related to services and merchandise; statements regarding legal requirements; disposition of payments received; investigations.

(A) The personnel of a funeral establishment or crematory shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists.
(B) Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.
(C) A funeral service establishment, crematory, or retail sales outlet shall have a card or brochure with each piece of funeral merchandise stating the price of the merchandise.
(D) The funeral establishment or crematory shall provide to the persons making the arrangements, at the time the arrangements are completed and before the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known:
(1) the price of the service that the persons have selected and what is included in the service;
(2) the price of each of the supplemental items of service and merchandise requested;
(3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family; and
(4) the method of payment.
(E) All payments received by any establishment licensed under this chapter for funeral merchandise being purchased must be placed in a trust account in a federally insured institution until the merchandise is delivered for use as provided in the contract in accordance with the sales agreement or in the physical possession of the purchaser. Upon its own initiative or upon receipt of a complaint, the South Carolina Department of Consumer Affairs shall undertake investigations; review the books, records, and accounts of any establishment licensed under this chapter; subpoena witnesses; require audits and reports; and conduct hearings to determine if payments are being received in violation of the provisions of Chapter 7, Title 32.
HISTORY: 1998 Act No. 380, Section 1; 2002 Act No. 322, Section 9; 2004 Act No. 188, Section 7; 2009 Act No. 70, Section 2.
Editor's Note
Prior Laws:1983 Act No. 146, Section 1; 1976 Code Section 40-19-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-300. Construction of chapter; limitations on authority of persons with fiduciary relationship with deceased; sale of burial vaults by operators of commercial cemeteries.

Nothing contained in this chapter may be construed to govern or limit the authority of an administrator or executor, trustee, or other person having a fiduciary relationship with the deceased. Further, nothing contained in this chapter may be construed to prohibit the sale of burial vaults by persons engaged in the business of operating a commercial cemetery.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-310. Chapter not applicable to preparation and burial of paupers and inmates of state institutions; effect of chapter on other board duties and responsibilities.

(A) The provisions of this chapter do not apply to the preparation and burial of dead bodies of paupers or of inmates of state institutions when the paupers or inmates are buried at the expense of the State.
(B) Nothing in this chapter alters the responsibilities of the board or limits the board in carrying out its duties and responsibilities as required in Chapters 7 and 8, Title 32.
HISTORY: 1998 Act No. 380, Section 1.
Editor's Note
Prior Laws:1955 (49) 550; 1962 Code Section 56-675; 1983 Act No. 146, Section 1; 1976 Code Section 40-19-240.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 19 - Embalmers And Funeral Directors › Section 40-19-320. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 1998 Act No. 380, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-5. Application of Article 1, Chapter 1.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to dietitians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-20. Definitions.

In addition to the definitions pursuant to Article 1, Chapter 1:
(1) "Dietetics" means the integration and application of dietary principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences to achieve and maintain a healthy status. The primary function of dietetic practice is the provision of dietary nutrition care services.
(2) "Licensed dietitian" means an individual licensed in good standing to practice dietetics pursuant to the provisions of this chapter. For purposes of this chapter, "dietitian" is synonymous with " registered dietitian".
(3) "Nutrition care services" means any part or all of the following:
(a) assessing the nutritional needs of individuals and groups and determining resources and constraints in the practice setting;
(b) establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
(c) providing nutritional counseling in health and disease;
(d) developing, implementing, and managing nutrition care systems;
(e) evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services;
(f) transcribing a verbal order into patient records for co-signature by the ordering physician and implementing a physician's written and verbal orders which pertain to the practice of dietetics, if the practice of dietetics is specifically authorized by the medical director and the health care facility where the care is taking place. In the delivery of dietetic home care, this care must be authorized specifically by the physician sponsor;
(g) implementing nutrition related orders under a protocol approved by the medical staff of a licensed health care facility. "Nutrition care services" does not include the retail sale of food products or vitamins and minerals.
(4) "Panel" means the Panel for Dietetics under the Department of Labor, Licensing and Regulation.
(5) "Registered dietitian" means an individual who is registered by the Commission on Dietetic Registration of the American Dietetic Association as a registered dietitian.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-30. Licensing requirement.

It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters "LD" or any facsimile or combination in any words, letters, abbreviations, or insignia. An authorization to practice issued pursuant to this title is valid for up to two years and is renewable on dates as established by the director.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-40. South Carolina Panel for Dietetics created; membership; term.

(A) There is created the South Carolina Panel for Dietetics under the administration of the Department of Labor, Licensing and Regulation composed of the following seven members to be appointed by the Governor with the advice and consent of the Senate:
(1) One member shall represent the public at large and must not be a dietitian, an agent or employee of a person engaged in the profession of dietetics, a licensed health care professional, an agent or employee of a health care institution, a health care insurer, or a health care professional school, a member of any allied health care profession, or the spouse of any of these individuals.
(2) One member must be employed by a hospital and recommended by the South Carolina Hospital Association.
(3) Five members must be dietitians licensed to practice in this State and recommended by the South Carolina Dietetic Association:
(a) one must be a professional whose primary practice is clinical dietetics;
(b) one must be a professional whose primary practice is community or public health dietetics;
(c) one must be a professional whose primary practice is consulting in dietetics;
(d) one must be a professional whose primary practice is in management of nutritional services;
(e) one must be an educator on the faculty of a college or university, specializing in the field of dietetics.
(B) Panel members shall serve for terms of two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term, and no member may serve more than two full two-year terms consecutively. The Governor may remove a member of the panel in accordance with Section 1-3-240. Members of the panel shall serve without compensation; however, members may receive mileage, subsistence, and per diem as provided by law for members of state boards, commissions, and committees.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-50. Advice in development of regulations; conducting disciplinary hearings.

(A) The duties of the panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter.
(B) The panel shall also conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter, mediate consumer complaints, where appropriate and possible, and discipline persons licensed under this chapter in any manner provided for in this chapter.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-55. Administration of panel; fees.

(A) The panel must be administered by the department in accordance with Chapter 1 of Title 40. The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities.
(B) Fees must be assessed, collected, and adjusted on behalf of the panel by the department in accordance with this chapter and Section 40-1-50(D).
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-60. Application; contents.

An applicant for licensure as a dietitian shall file an application provided by the department and demonstrate by acceptable evidence that he or she:
(1) has successfully completed the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration; or
(2) has passed an examination as prescribed by the department and has received a baccalaureate degree or a master's degree in human nutrition, nutrition education, foods and nutrition, public health nutrition, or an equivalent major course of study from a regionally accredited college or university as approved by the department.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-70. Applicants educated outside of United States.

An applicant for licensure who has obtained his or her education outside of the United States and its territories must meet the requirements for current registration as a registered dietitian by the Commission on Dietetic Registration.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-80. Renewal of license; late fees; inactive status; reinstatement and expiration.

(A) The panel may recommend additional requirements for license renewal to obtain evidence of a dietitian's continued competency. The department may provide for the late renewal of a license upon payment of a late fee.
(B) A license automatically reverts to inactive status if the licensee fails to timely comply with this subsection and only may be reinstated upon application and payment of any fees and after having met any additional requirements which the department may establish in regulation including, but not limited to, continuing competency requirements.
(C) A license which has been inactive for more than four years automatically expires if the person has not made application for renewal of the license. An expired license is null and void without any further action by the department.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-100. Revocation or suspension of license; grounds; hearing.

(A) In addition to the provisions pursuant to Section 40-1-110, the panel may revoke or suspend a dietitian's license or impose any other reasonable limitation on a dietitian's practice if the dietitian engages in any of the following conduct and this conduct is likely to endanger the health, welfare, or safety of the public:
(1) using a false, fraudulent, or forged statement or engaging in a fraudulent, deceitful, or dishonest act in connection with any licensure requirement;
(2) having an addiction to alcohol or drugs to such an extent as to render the licensee unfit to practice dietetics;
(3) having been convicted for the illegal or unauthorized practice of dietetics;
(4) knowingly performing any act which in any way assists an unlicensed person to practice dietetics;
(5) having a physical or mental disability that renders further practice by the licensee dangerous to the public;
(6) violating the code of ethics for the profession of dietetics;
(7) engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public;
(8) using a false or fraudulent statement in any document connected with the practice of dietetics;
(9) intentionally violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter;
(10) committing an act, during the course of practice conducted pursuant to a license issued under this chapter, that constitutes fraud, dishonest dealing, illegality, incompetence, or gross negligence;
(11) engaging in any activity that is beyond the scope of practice of dietetics as set forth in this chapter.
(B) The suspension or revocation of a dietitian's license or the imposition of probationary conditions upon a dietitian may be recommended by the panel after a hearing is conducted.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 20 - South Carolina Dietetics Licensure Act › Section 40-20-130. Practice without a license; penalty.

(A) It is unlawful for a person not licensed under this chapter, or whose license has been suspended or revoked by the panel, to hold himself or herself out as a dietitian, licensed dietitian, alone or in combination, or use with the letters "LD" or any facsimile or combination in any words, letters, abbreviations, or insignia.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned for not more than ninety days, or both.
HISTORY: 2006 Act No. 392, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-2. Purpose.

In order to safeguard life, health, and property and to promote the public welfare, the practice of the profession of engineering and surveying in this State is subject to regulation. It is the policy of this State and the purpose of this chapter to encourage the development of professional engineers and surveyors in this State and to promote the accountability for engineering practice and surveying practice in a global economy. The State recognizes the need for qualified engineers and surveyors to support the local and global economy and, to that end, encourages efforts to increase access to accredited education, the examinations, and the experience necessary and appropriate to protect the health, safety, and welfare of South Carolina citizens and to support licensure as the basis of accountability.
HISTORY: 2007 Act No. 58, Section 1; 2016 Act No. 259 (S.685), Section 1, eff June 3, 2016.
Effect of Amendment
2016 Act No. 259, Section 1, added the first sentence, and added references to surveying in the second and third sentences.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-5. Application of Chapter 1; conflicts.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to those professions of engineering and surveying regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-30. Practice without a license; penalties.

(A) In addition to those penalties provided for in Section 40-1-200 and in order to safeguard life, health, and property and to promote the public welfare, it is unlawful for a:
(1) person in a public or private capacity to practice or offer to practice engineering or surveying without being licensed pursuant to this chapter;
(2) person to use in connection with his name or otherwise assume, use, or advertise a title or description tending to convey the impression that he is a professional engineer or professional surveyor unless the person is licensed and registered pursuant to this chapter;
(3) firm in a public or private capacity to practice or offer to practice engineering or surveying without being licensed and holding a valid authorization to practice, as provided in Section 40-22-250;
(4) person or firm to knowingly submit false information to the board for the purpose of obtaining licensure.
(B) It is unlawful for an individual or firm to engage in the practice of TIER A surveying or the practice of TIER B surveying in this State, to use the title "surveyor", or to use or display any title, verbal claim, sign, advertisement, letterhead, card, or other device or method to indicate that the individual or firm engages in or offers to engage in the practice of TIER A or TIER B surveying without being registered as a surveyor or firm.
(C) It is unlawful for an individual or firm to engage in the practice of engineering in this State, to use the title "engineer", or to use or display any title, verbal claim, sign, advertisement, letterhead, card, or other device or method to indicate that the individual or firm engages in or offers to engage in the practice of engineering without being registered as an engineer or firm.
(D) A violation of this section is punishable pursuant to Section 40-22-200.
HISTORY: 1991 Act No. 99, Section 1; 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-40. Nomination of board member candidates from general public.

A board member candidate from the general public may be nominated by an individual, group, or association. The public member must be appointed to the board by the Governor in accordance with Section 40-1-45.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-50. Duties of board; promulgation of examination, licensing, and registration fees; records; register of applications for certificates of authorization; roster.

(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 board.
(B) The board shall promulgate examination, licensing, and registration fees for professional engineers, engineers-in-training, professional surveyors, surveyors-in-training, and registered firms in regulation. If the board denies the issuance of a license to an applicant, once the processing of the application has commenced, the fee deposited must be retained as an application fee.
(C) The board shall keep a record of its proceedings, a register of all applications for individual licenses, and a register of all applications for certificates of authorization. The records of the board are prima facie evidence of the proceedings of the board set forth in the record. A transcript of the proceedings, certified by the administrator or the director under seal, is admissible in evidence with the same force and effect as the original.
(1) For professional licensure applications, the register shall state:
(a) the name, age, and residence of each applicant;
(b) the date and type of the application;
(c) the business address and telephone number of the applicant;
(d) the applicant's educational and other qualifications;
(e) whether or not an examination was required;
(f) whether the applicant was rejected;
(g) whether a license to practice was granted;
(h) the date of the action of the board; and
(i) other information considered necessary by the board.
(2) For applications requesting a certificate of authorization, the register shall state:
(a) the name and type of business entity;
(b) the date of application;
(c) the business address and telephone number;
(d) the address for service of due process;
(e) the date of action by the board;
(f) approval or rejection of the application; and
(g) other information considered necessary by the board.
(D) The board shall maintain a daily updated roster or supplements to the roster containing:
(1) the current names and places of business of all professional engineers and all professional surveyors; and
(2) a listing of each business entity that holds a valid certificate of authorization to practice engineering, surveying, or both, in this State.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1; 2016 Act No. 259 (S.685), Section 4, eff June 3, 2016.
Effect of Amendment
2016 Act No. 259, Section 4, rewrote (D), providing the board shall maintain and update, rather than annually prepare, a roster of information concerning professional engineers and surveyors.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-60. Rules and regulations; seal; input to department.

(A) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. The board shall adopt and have an official seal.
(B) The board may promulgate regulations defining the requirements for licensure for each of the surveying disciplines enumerated in Section 40-22-20(26) and (27).
(C) The board may advise and recommend action to the department in the development of statutory revisions, and such other matters as the department may request in regard to the administration of this chapter.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1; 2016 Act No. 259 (S.685), Section 5, eff June 3, 2016.
Effect of Amendment
2016 Act No. 259, Section 5, in (B), substituted "Section 40-22-20(26) and (27)" for "Section 40-22-20(24)"; and added (C), relating to advice and recommendations.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-70. Additional powers and duties.

In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-75. Waiver of licensing requirements during emergencies.

The board may waive all licensing and credentialing requirements of this chapter during a declared national or state public emergency, not to exceed ninety days. The board shall establish the conditions as may be appropriate to enable engineers properly licensed in other jurisdictions having like standards as those currently in effect in this State or jurisdictions that meet the NCEES Model Law standards to render services in the geographic areas identified in the order declaring the emergency.
HISTORY: 2007 Act No. 58, Section 1; 2016 Act No. 259 (S.685), Section 6, eff June 3, 2016.
Effect of Amendment
2016 Act No. 259, Section 6, substituted "of this chapter during a declared national or state public emergency, not to exceed ninety days" for "under state law for the period of a declared public emergency".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-80. Investigations of violations; subpoenas; administration of oaths and taking of testimony; charges.

(A) If the board or the director of the Department of Labor, Licensing and Regulation has reason to believe that a person has violated a provision of this chapter or a regulation promulgated under this chapter or if a person files a written complaint with the board or the director of the Department of Labor, Licensing and Regulation charging a person or a business with a violation of a provision of this chapter or a regulation promulgated under this chapter, the board may initiate an investigation.
(B) In accordance with Section 40-1-80, the board, under the hand of its chairman and the seal of the board, may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter. Upon failure of an individual or firm to obey a subpoena or to answer questions propounded by the board, the board may apply to an administrative law judge for an order requiring the person or firm to comply.
(C) A person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant and charges of unlicensed practice against nonregistrants. The charges must be in writing, supported by affidavit of specific wrongdoing, and filed with the chairman of the board. All charges, unless dismissed by the board as unfounded, trivial, or otherwise without merit, must be investigated by the board to determine if a hearing is warranted.
(D) The board may not consider charges in a matter that would otherwise be precluded by prevailing statutes of limitation or repose.
HISTORY: 2000 Act No. 311, Section 1.
Editor's Note
Prior Laws: 1991 Act No. 99, Section 1; 1976 Code Sections 40-22-380, 40-22-400.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-90. Presentation of investigation results; hearing; notification of accused.

(A) The results of an investigation must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice engineering or surveying, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120.
(B) No disciplinary action may be taken unless the matter is presented to and voted upon by the board.
(C) The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under Section 40-1-90.
(D) If in the judgment of the board a hearing is warranted, the charges may be processed as provided for by the Administrative Procedures Act.
(1) The time and place for a hearing must be fixed by the board. The accused must be furnished a copy of the charges and a notice of the time and place of hearing. Notification must be personally serviced or served by certified mail, return receipt requested, at the last known address of the accused at least thirty days before the scheduled hearing date.
(2) The accused may appear personally and with counsel to cross-examine witnesses appearing against him and to produce evidence and witnesses in his own defense.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-100. Cease and desist orders; application for temporary restraining order.

(A) As provided for in Section 40-1-100, when the board 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, in addition to all other remedies, it may order the person immediately to cease and desist from engaging in the conduct. If a person is practicing engineering and/or surveying without being licensed under this chapter, is violating a board order or a provision of this chapter or a regulation promulgated under this chapter, the board also may apply to an administrative law judge for a temporary restraining order, in accordance with the rules of the Administrative Law Court.
(B) No board member or director of the department or other employee of the department may be held liable for damages resulting from a wrongful temporary restraining order issued pursuant to Section 40-1-100.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-110. Penalties; grounds.

(A) The board may seek administrative fines, pursuant to Section 40-1-120 or seek criminal penalties against a person or firm found guilty of unlicensed practice of engineering or surveying. In addition to the grounds provided for in Section 40-1-110, the board may cancel, suspend, refuse, revoke, or restrict a license as well as reprimand, fine, or require re-examination of an individual who is found guilty of:
(1) the practice of fraud or deceit in applying for or obtaining a certificate of registration;
(2) gross negligence, incompetency, or misconduct in the practice of engineering or surveying;
(3) a felony or misdemeanor which, in the judgment of the board, adversely affects the registrant's ability to perform satisfactorily within the licensed discipline;
(4) aiding or abetting any person in violation of a provision of this chapter or a regulation promulgated pursuant to this chapter;
(5) a violation of this chapter or a regulation promulgated by the board; and
(6) practicing in a registration category or tier for which the licensee has not been licensed by the board.
(B) The license of a person adjudged mentally incompetent is considered automatically suspended until the person is adjudged as being restored to mental competency by a court of competent jurisdiction or in any other manner provided by law.
HISTORY: 2000 Act No. 311, Section 1; 2016 Act No. 259 (S.685), Section 7, eff June 3, 2016.
Editor's Note
Prior Laws: 1991 Act No. 99, Section 1; 1993 Act No. 185, Section 7; 1976 Code Section 40-22-390.
Effect of Amendment
2016 Act No. 259, Section 7, substituted "considered automatically suspended" for "deemed automatically suspended upon the adjudication".
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-115. Jurisdiction of board.

The board has jurisdiction over practice undertaken by nonlicensed individuals and firms and the actions committed or omitted by current and former licensees during the entire period of licensure. The board has jurisdiction to act on any matter which arises during the practice authorization period of licensed practitioners and firms as provided for in Section 40-1-115.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-120. Civil fines and other penalties.

(A) If a majority of the board sustains the charges against the offending party, the board may levy a civil fine, as well as reprimand, suspend, refuse licensure, require requalification, or revoke the certificate of registration, as appropriate.
(B) The board may require the offending party to pay a fine of not more than one thousand dollars to the board for each violation of a provision of this chapter or a regulation promulgated by the board; however, the total of the fines imposed for these violations may not exceed twenty thousand dollars.
(C) A final order of the board disciplining a licensee under this chapter is public information in accordance with Section 40-1-120(C).
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-130. Grounds for denial of license.

As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-140. Prior criminal record.

As provided for in Section 40-1-140, a license may not be denied solely based on a person's prior criminal record.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-160. Appeal.

A person aggrieved by a final action of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160.
HISTORY: 2000 Act No. 311, Section 1.
Editor's Note
Prior Laws:1991 Act No. 99, Section 1; 1993 Act No. 181, Section 894; 1976 Code Section 40-22-420.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-170. Costs.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-180. Payment of fines; interest.

(A) All fines are payable immediately upon imposition. Unless the fine is paid within sixty days after the order becomes final, the order constitutes a judgment and must be filed and execution issued on the judgment in the same manner as the judgment of a court of common pleas. Interest accrues on the amount of the fine from the date imposed until the date paid at the rate specified in Section 34-31-20(B).
(B) No registrant against whom a fine is levied is eligible for reinstatement until the fine has been paid in full.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-190. Confidentiality of proceedings.

To the extent provided in Section 40-1-190, investigations and proceedings conducted under this chapter are confidential and all communications are privileged. Notwithstanding the provisions of this section, a final order of the board disciplining a licensee is public information as provided for in Section 40-1-120(C).
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-200. Violation of chapter; penalty.

A person who violates a provision of this chapter or a regulation promulgated pursuant to this chapter or who commits any of the following violations is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not less than five hundred dollars and not more than two thousand dollars for each violation, or both; however, the total imposed for these violations may not exceed ten thousand dollars:
(1) practices or offers to practice engineering or surveying in this State without being registered in accordance with this chapter;
(2) presents or attempts to use as his own the certificate of registration or the seal of another;
(3) gives false or forged evidence of any kind to the board or to a member of the board in obtaining a certificate of registration;
(4) falsely impersonates another registrant of like or different name; or
(5) attempts to use an expired or revoked certificate of registration.
HISTORY: 2000 Act No. 311, Section 1.
Editor's Note
Prior Laws: 1991 Act No. 99, Section 1; 1976 Code Section 40-22-430.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 22 - Engineers And Surveyors › Section 40-22-210. Injunctions; rule to show cause.

To enforce this chapter or to restrain a violation of this chapter, the department, on behalf of the board, may petition an administrative law judge for an injunction in the name of the State as provided generally in civil cases. In these proceedings:
(1) It is not necessary to establish the absence of an adequate remedy of law.
(2) Board members are not personally liable for damages resulting from a wrongful injunction.
(3) The initial order of injunction must include a rule to show cause and is temporary pending the return to the rule.
HISTORY: 2000 Act No. 311, Section 1; 2007 Act No. 58, Section 1.