reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-120. Revocation, suspension, or restriction of license; final order of guilt as public knowledge; civil fines.

(A) The commission, in addition to the authority granted to it pursuant to Section 40-1-120, may deny, suspend, revoke, or restrict a license and may assess a fine in accordance with Section 40-6-210. The authority of the commission to revoke or suspend a license for violation of this chapter or a regulation promulgated under this chapter includes the authority to place a licensee on probation upon conditions to be determined by the commission.
(B) A final order of the commission finding that a licensee is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or imposing a private reprimand.
(C) The commission may impose a civil fine of up to five thousand dollars for each violation of a provision of this chapter or a regulation promulgated under this chapter; however, the total fines may not exceed ten thousand dollars.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-130. Grounds for disciplinary action as basis for denial of licensure.

The commission may deny licensure to an applicant based on the same grounds for which the commission may take disciplinary action against a licensee as provided in Section 40-1-130.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-150. Surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-170. 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. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-180. Payment of costs and fines.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-190. Confidentiality; privileged communications.

Investigations and proceedings conducted under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-200. Penalties.

A person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than one thousand dollars.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-210. Petition for injunctive relief.

The Department of Labor, Licensing and Regulation, on behalf of the commission and in accordance with Section 40-1-210, may petition an administrative law judge in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-220. Eligibility requirements for license as apprentice auctioneer; conduct of auction and review of records.

(A) To be licensed as an apprentice auctioneer, an individual must:
(1) be eighteen years of age or older;
(2) submit a written application on a form approved by the commission naming a licensed auctioneer to serve as the supervisor of the apprentice along with the required fee;
(3) achieve a passing score on a written examination approved by the commission testing the applicant's understanding of the law relating to auctioneers and auctions, ethical practices for auctioneers, and the mathematics applicable to the auctioneer business. The examination may not be taken more than one time during any six-month period following the second failure of the examination;
(4) provide a criminal history conviction record from the South Carolina Law Enforcement Division and affirm that the applicant has not been convicted of a felony or any other crime involving fraud or moral turpitude during the preceding five years;
(5) provide a credit record satisfactory to the commission which must be obtained by the commission. A fee of ten dollars must be paid to the commission for the credit investigation.
(B) No apprentice auctioneer may enter into an agreement to conduct an auction or conduct an auction without the express written approval of the supervisor of the apprentice auctioneer. The supervisor shall review, at regular intervals, the records that the apprentice auctioneer is required to maintain to ensure they are current and accurate.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1977 Act No. 111, Section 7; 1991 Act No. 38, Section 4; 1993 Act No. 155, Section 8; 1976 Code Section 40-6-70.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-235. Requirements for license as auction firm.

(A) To be licensed as an auction firm, a business entity must:
(1) submit an application on forms approved by the commission, along with the required fee;
(2) provide the commission with an authorization by the South Carolina Secretary of State's office to transact business in this State;
(3) if owned or managed by a:
(a) licensed auctioneer, provide the commission with the name of the auctioneer and written evidence of the auctioneer's authority to make the decisions affecting the manner in which the firm does business; or
(b) person not licensed as an auctioneer under this chapter, achieve a passing score on a written examination approved by the commission intended to demonstrate a thorough understanding of the law relating to the conduct of the auction business and other matters the commission considers appropriate.
(B) A sole proprietorship is exempt from auction firm licensure, as provided for in subsection (A).
(C) Licensed real estate brokers-in-charge and real estate firms are exempt from auction firm licensure, as provided for in subsection (A), if they employ a licensed auctioneer to handle those aspects of the transactions peculiar to the auctioneer profession.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1993 Act No. 155, Section 1; 1976 Code Section 40-6-85.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-240. Term of licenses; renewal; proof of continuing education; lapsed license.

(A) All licenses issued under this chapter must be issued by the commission and are valid from July first of the year issued or from the date issued, whichever is later, through the following June thirtieth unless revoked or suspended pursuant to this chapter. Any license other than an apprentice license may be renewed annually. An apprentice license may be renewed one time. No examination is required for renewal of a license if the application for renewal is made within ninety days of the expiration of the license.
(B) When a licensee applies for renewal, the licensee shall submit proof with the renewal form, in a form acceptable to the commission, that the licensee has acquired commission-approved continuing education of at least four hours within the previous twelve months. Continuing education is not required of apprentice auctioneers and auction firm license holders unless the owner or manager is a licensed auctioneer.
(C) The renewal of a lapsed license is not retroactive and does not limit the authority of the courts or the commission to take disciplinary action against a licensee who engages in the auction profession without a current license.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1977 Act No. 111, Section 9; 1993 Act No. 155, Section 10; 1976 Code Section 40-6-90.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-250. License required.

Unless exempt from licensure under Section 40-6-370, no person shall sell or offer to sell goods or real estate at auction in this State or perform an act for which an auctioneer or apprentice auctioneer license is required unless the person holds a currently valid license issued under this chapter.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1977 Act No. 111, Section 5; 1985 Act No. 171, Section 1; 1993 Act No. 155, Section 6; 1976 Code Section 40-6-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-260. List of licensees.

The commission shall publish at least once a year a list of names and addresses of all persons and firms holding valid apprentice auctioneer, auctioneer, or firm licenses.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-270. Licensing of auctioneers licensed in another state.

(A) A person who holds a valid auctioneer license in another state may apply for and be issued a license under this chapter if the requirements of the state of licensure were, on the date of initial licensure, substantially equivalent to the requirements of this chapter.
(B) An applicant under this section shall submit an application and other documentation and proof of eligibility for licensure as required by the commission in regulation.
(C) A license issued pursuant to this section is valid from the date of issuance to the following June thirtieth and may be renewed from year to year unless suspended or revoked pursuant to this chapter or a regulation promulgated under this chapter.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1977 Act No. 111, Section 13; 1991 Act No. 38, Section 6; 1993 Act No. 155, Section 11; 1976 Code Section 40-6-130.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-280. "Absolute" auctions.

It is unlawful to conduct or advertise that an auction is "absolute" if minimum opening bids are required or other conditions are placed on the sale which limit the sale other than to the highest bidder.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1988 Act No. 408, Section 2; 1976 Code Section 40-6-145.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-290. Written agreements between owner and auctioneer; records; possession of pocket card license.

(A) No licensee may conduct an auction in this State without first having a written agreement with the owner of any property to be sold. The agreement shall contain the terms and conditions upon which the licensee received the goods for sale. The licensee shall provide the owner with a signed copy of the agreement and shall keep at least one copy for three years from the date of the agreement. A written agreement is not required for a sale at auction if the sale is made at an auction house or similar place where members of the public are generally offered the opportunity to present goods for sale. Copies of all contracts must be made available to the commission or its designated agent upon request.
(B) A licensee shall maintain accurate records upon receipt of goods for auction and before their sale, which shall include the name and address of the person who employed the licensee to sell the goods at auction and the name and address of the owner of the goods to be sold. These records must be open for inspection by the commission or its designated agent upon request.
(C) A licensee shall have his pocket card license in his possession at each auction he conducts.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1977 Act No. 111, Section 15; 1993 Act No. 155, Section 12; 1976 Code Section 40-6-150.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-300. Trust or escrow accounts; bank name and account number as requirement for issuance or renewal of license; notification of changes; records of transactions.

(A) A licensee who handles the proceeds of an auction shall maintain a trust or escrow account with an insured bank or savings and loan association and shall deposit in this account within three business days all funds received for the benefit of another person, unless otherwise required by law or the owner or consignor of the property auctioned is paid within three business days.
(B) Upon issuance or renewal of a license, the licensee must provide the commission with the name of the bank and the account number of the trust or escrow account in which the funds of others are maintained and authorization permitting the examination of the account by the commission or its authorized representative, unless the licensee has provided certification to the commission that funds are paid within three business days. A licensee must notify the commission by certified mail, return receipt requested, of a change of bank, account number, or location of the trust or escrow account and, at that time, shall complete the required authorization for examination of the account by the commission or its authorized representative.
(C) A licensed auctioneer or licensed apprentice auctioneer in this State who works directly for a licensed auction firm or who works directly for another licensed auctioneer who maintains an active escrow account may use that escrow account and number in all applications for licensure or renewal, if the escrow account is used solely for the purpose of holding funds of others in relation to auctions.
(D) A licensee shall maintain complete records for at least three years showing the deposit, maintenance, and withdrawal of trust or escrow funds. These records must be open for inspection by the commission or its designated agent periodically, upon request, and without prior notice.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1993 Act No. 155, Section 2; 1976 Code Section 40-6-155.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-310. Estate auction requirements.

No property other than the property of a specified deceased person or the property of a specified living person's estate may be sold at auction if the auction is conducted or advertised only as an "estate auction". However, property other than those of the specified estate may be sold at the sale if all advertisements of the sale specify which items do not belong to the estate.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1988 Act No. 599, Section 2; 1976 Code Section 40-6-156.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-330. Auctioneer Recovery Fund; maintenance and contributions; use of excess funds.

(A) There is created the Auctioneer Recovery Fund to be maintained by the department for the payment of claims to persons injured by licensees under this chapter. Monies in the fund must be held and carried forward by the State Treasurer separate from the general fund. At least one hundred thousand dollars for recovery and guaranty purposes must be maintained in the fund. Fund monies may be invested and reinvested by the State Treasurer in interest bearing accounts, interest accruing to the fund. Sufficient liquidity must be maintained so that there are monies available to satisfy claims processed through the commission. Expenditures from the fund must be made in accordance with this chapter without legislative appropriation. Warrants for expenditures must be drawn by the Comptroller General pursuant to claims approved and signed by the director of the department.
(B) When monies, including principal and interest, are less than forty-five thousand dollars at the end of the fiscal year after payment of claims and expenses, an individual or firm licensee shall pay, in addition to the license fees required under this chapter, a fund contribution fee to be determined by the commission. After the fund is initially established, a new applicant for individual or firm licensure also shall pay a fund contribution fee. However, any fee assessed under this subsection may not exceed fifty dollars a year.
(C) The commission may use contents of the fund in excess of one hundred thousand dollars to:
(1) promote education and research in the auctioneer profession in order to benefit persons licensed under this chapter and to improve the efficiency of the profession;
(2) underwrite educational seminars, training centers, and other forms of educational projects for the use and benefit of licensees;
(3) sponsor, contract for, or underwrite education and research projects in order to advance the auctioneers profession in South Carolina.
(D) If monies, including principal and interest, in the fund exceed one hundred twenty-five thousand dollars at the end of the fiscal year after payment of claims, expenses, and educational program funding, the amount in excess must be deposited in the state general fund.
(E) Persons licensed as auctioneers pursuant to Section 40-6-230(B) or (C) are exempt from contributing to the fund.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1991 Act No. 38, Section 1; 1993 Act No. 155, Section 15; 1976 Code Section 40-6-200.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-340. Claims against fund; notification of licensee; investigation.

(A) A person aggrieved by the conduct of a licensee may file a claim against the fund if the:
(1) facts giving rise to the claim are based on a specific violation of this chapter or regulations promulgated under this chapter;
(2) claimant has made demand upon the licensee by certified mail, return receipt requested, for actual damages, and the demand has been refused or ignored;
(3) claimant is not licensed under this chapter or a party jointly responsible for the claim;
(4) the claim is filed no later than one year from the date of discovery of the loss.
(B) The claim must be made under oath and upon a form the commission prescribes and shall contain:
(1) name and address of the claimant;
(2) name and address of the licensee and his last known working address;
(3) a detailed statement of the events precipitating the loss and documents and other evidence supporting the claim;
(4) amount of monies sought and evidence supporting this amount;
(5) copies of complaints and other legal process initiated, if any;
(6) disclosure of partial satisfaction received, offered, or otherwise available from the licensee, including a bond, an insurance policy, or another source of funds.
(C) Upon receiving a claim in proper form, the commission shall forward the claim by certified mail, return receipt requested, to the last known address of the licensee. The licensee, within thirty days, shall file a verified answer to the claim. If no answer is filed within thirty days, the licensee is in default, and the commission shall schedule a hearing on the claim. If the licensee fails to timely answer, the commission shall investigate the claim for not more than sixty days and promptly schedule a hearing on the claim. The licensee, commission, and claimant may present evidence and question and cross-examine witnesses as parties to the hearing.
(D) Failure of the claimant to comply with this section is a waiver of rights under this section.
(E) No claim may be made against or paid from the fund in connection with a licensee who is licensed pursuant to Section 40-6-230 (B) or (C).
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1991 Act No. 38, Section 1; 1976 Code Section 40-6-210.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-350. Hearing by commission; compromise of claim; suspension of license pending repayment; subrogation.

(A) Claims made against the fund pursuant to Section 40-6-340, must be heard by the commission and if ordered, must be paid in accordance with Section 40-6-360. Subject to commission approval, a claim may be compromised; however, the commission is not bound by the compromise or any stipulation of the licensee.
(B) Upon payment of a claim, the license of the person against whom the claim was made must be suspended immediately or revoked, as the commission determines. The licensee must not be issued another license until he repays the fund the monies paid on the claim against him, including interest at the rate of eight percent a year. Nothing in this section prevents the commission or any other authority from pursuing other remedies at law or equity.
(C) A claimant receiving monies from the fund shall subrogate his rights relative to the claim to the commission to the extent of monies paid, including interest, and shall cooperate with the commission in the prosecution of the subrogated claim. Amounts recovered against the licensee or other responsible parties must be deposited into the fund, less costs and expenses of collection.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1991 Act No. 38, Section 1; 1993 Act No. 155, Section 16; 1993 Act No. 181, Section 860; 1976 Code Section 40-6-220.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-360. Limitations on payments from fund.

Payments from the fund are limited as follows:
(1) Only the claimant's actual damages may be paid from the fund. No claimant may recover punitive, special, or consequential damages or attorney's fees.
(2) The fund is not liable for more than ten thousand dollars for each transaction, regardless of the number of persons aggrieved.
(3) The liability of the fund may not exceed in the aggregate twenty thousand dollars for one licensee in one calendar year.
(4) A party aggrieved and awarded payment by a final commission decision has a vested right for payment. Claims against the fund must be made in the same order as the awards were authorized. If claims against the fund exceed the monies in the fund, the commission shall satisfy unpaid claims as soon as sufficient monies are deposited. An award is not a claim against the State if it cannot be paid due to a lack of monies in the fund.
(5) Notwithstanding item (4), if the maximum liability of the fund is insufficient to pay in full the valid claims of aggrieved persons whose claims relate to the same transaction or to the same licensee, the amount for which the fund is liable must be distributed among the claimants on a pro rata basis. The commission may join in one action claims having a common factual basis so that an equitable distribution from the fund may be achieved.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1991 Act No. 38, Section 1; 1976 Code Section 40-6-230.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-370. Exceptions from applicability of chapter.

This chapter applies to all auctions held in this State except:
(1) auctions conducted by the owner of all of the goods being offered unless the owner's regular course of business includes engaging in the sale of goods or real estate by means of auction or unless the owner originally acquired the goods for the purpose of resale;
(2) auctions conducted by or under the direction of a public authority unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;
(3) auctions conducted pursuant to a judicial order;
(4) sales required by law to be at auction unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;
(5) auctions conducted on behalf of a charitable, civic, or religious organization if the person conducting the sale receives no compensation unless conducted by a person or entity engaged in the business of organizing, arranging, or conducting auction sales for compensation or a person or entity licensed pursuant to this chapter or in any other jurisdiction to conduct auctions;
(6) auctions of motor vehicles among motor vehicle dealers if conducted by an auctioneer licensed under this chapter;
(7) auctions by a trustee pursuant to a valid power of sale.
HISTORY: 2000 Act No. 318, Section 1.
Editor's Note
Prior Laws:1977 Act No. 111 Section 2; 1985 Act No. 201, Part II, Section 66; 1987 Act No. 199, Section 1; 1993 Act No. 155, Section 5; 1976 Code Section 40-6-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 6 - Auctioneers › Section 40-6-380. Severability.

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
HISTORY: 2000 Act No. 318, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-5. Conflicts between this chapter and Article 1, Chapter 1.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to barbers; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-10. Establishment of State Board of Barber Examiners; membership.

The State Board of Barber Examiners is established and consists of five members appointed by the Governor with the advice and consent of the Senate for terms of four years and until successors are appointed and qualify. Four members must be licensed barbers who have been engaged in the practice of barbering for at least five years in this State, and of these members at least two must be licensed as master haircare specialists. One member must be a member from the general public not connected with the practice of barbering. Nominations for the member from the general public may be submitted to the Nominations Committee by an individual, group, or association. The Nominations Committee shall give consideration to these nominations, and the appointment of this member must be made in accordance with Section 40-1-45. The member from the general public has all the rights and privileges of the other board members except the lay member may not participate in the examination of an applicant for a license. The Governor may remove a member in accordance with Section 1-3-240 and shall appoint a member to fill the unexpired portion of the term. A majority vote is required to exercise any function of the board.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-36; 1952 Code Section 56-253; 1962 Code Section 56-253; 1971 (57) 904; 1972 (57) 2473; 1992 Act No. 356, Section 1; 1976 Code Section 40-7-30.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-20. Definitions.

As used in this chapter:
(1) "Practice of barbering" means any one or a combination of:
(a) shaving or trimming a beard, cutting the hair, or hairstyling;
(b) giving facial or scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or mechanical appliances;
(c) singeing, shampooing, or dyeing the hair or applying hair tonics or chemicals to wave, relax, straighten, or bleach the hair;
(d) applying cosmetic preparations, antiseptics, powders, oils, clays, and lotions to the scalp, neck, or face;
(e) cutting, shaping, fitting, styling, and servicing hair pieces, toupees, and wigs.
(2) "Hair braiding" means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment. Hair braiding also includes the use of hair extensions, except when used in public places including, but not limited to, beaches, parks, and sidewalks.
HISTORY: 1997 Act No. 137, Section 1; 2014 Act No. 283 (H.3411), Section 1, eff June 11, 2014.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-32; 1952 Code Section 56-251; 1962 Code Section 56-251; 1971 (57) 904; 1976 Act No. 700, Section 2; 1985 Act No. 147, Section 1; 1976 Code Section 40-7-10.
Effect of Amendment
2014 Act No. 283, Section 1, in paragraph (2), deleted the former exclusion for the definition relating to hair extensions or wefts, and added the second sentence.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-30. Licensure requirement.

No person may engage in the practice of barbering unless the person is licensed in accordance with this chapter.
HISTORY: 1997 Act No. 137, Section 1; 2005 Act No. 52, Section 2.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-31; 1952 Code Section 56-252; 1962 Code Section 56-252; 1976 Code Section 40-7-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-50. Department of Labor, Licensing and Regulation to provide all administrative and fiscal operations and activities of board; board to establish fees by regulations.

(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 in accordance with Section 40-1-50.
(B) The board shall establish in regulation fees for:
(1) examination, licensure, renewal, and reinstatement fees for student barbers, barber assistants, barber apprentices, registered barbers, master haircare specialists, barber instructors, and any other category of barber authorized by this chapter;
(2) the inspection, registration, renewal, and registration reinstatement of barbershops and barber schools and colleges.
The board may prorate the annual license fee as provided for in regulation. All licenses and registration must be renewed as of June thirtieth of each year. All fees must accompany applications, license renewals, license reinstatements, and barbershop inspections, registration, and renewals.
HISTORY: 1997 Act No. 137, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, reference to Section 41-1-50 was changed to Section 40-1-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-60. Adoption of rules; seal; regulations.

The board may adopt rules governing its proceedings as provided for in Section 40-1-60 and shall adopt a seal for the authentication of its orders and records. The board may promulgate regulations necessary to carry out the provisions of this chapter including, but not limited to, regulations for the sanitary management of barbershops and barber schools which must be approved by the Department of Health and Environmental Control and which must be furnished by the board to the owner or manager of each barbershop or barber school in the State.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Sections 5250-37, 5250-46; 1952 Code Sections 56-255, 56-268; 1962 Code Sections 56-255, 56-268; 1976 Code Sections 40-7-50, 40-7-190.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-80. Investigation of complaints and violations of chapter.

The Department of Labor, Licensing and Regulation on behalf of the board shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-90. Results of investigation to be presented to board; hearing.

The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-100. Issuance of cease and desist order, or petition for temporary restraining order or other equitable relief.

In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-110. Disciplinary action.

The board may take disciplinary action against a barber permittee or licensee as provided for in Section 40-1-110 and based upon grounds enumerated in that section.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-49; 1952 Code Section 56-273; 1962 Code Section 56-273; 1967 (55) 392; 1993 Act No. 164, Part II, Section 111; 1976 Code Section 40-7-240.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-115. Jurisdiction of board.

The board has jurisdiction over the actions of licensees and permittees and former licensees and permittees as provided for in Section 40-1-115.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-120. Additional disciplinary action.

In addition to the sanctions the board may impose against a person pursuant to Section 40-1-110, the board also may take disciplinary action against a person as provided for in Section 40-1-120.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-130. Denial of permit or licensure on same grounds as potential disciplinary action.

As provided for in Section 40-1-130, the board may deny a permit or licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee or permittee.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-140. Denial of permit or licensure based on prior criminal record.

A permit or license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-150. Voluntary surrender of license.

A licensee or permittee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license or permit in accordance with Section 40-1-150.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-160. Appeal.

A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-50; 1952 Code Section 56-275; 1962 Code Section 56-275; 1993 Act No. 181, Section 862; 1976 Code Section 40-7-270.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-170. Investigation and prosecution 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: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-180. Costs and fines subject to collection and enforcement provisions of Section 40-1-180.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-190. Confidentiality of investigations and proceedings.

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-200. Practicing barbering in violation of chapter; knowing submission of false information for purpose of obtaining license; penalties.

A person who practices or offers to practice barbering in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-210. Petition for injunctive relief.

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
HISTORY: 1997 Act No. 137, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-240. Applications for examination; frequency of examinations.

(A) An applicant for an examination shall apply to the board on forms approved and furnished by the board, and the application shall contain proof under the applicant's oath of the particular qualifications of the applicant. The applicant shall submit the required fee with the application. An application for examination must be submitted to the board at least fifteen working days before the applicant takes the examination.
(B) The board shall conduct examinations of applicants for certificates of registration to practice as registered barbers and of applicants for certificates of registration to practice as registered apprentices not fewer than four times a year, at such times and places as is prescribed by the board. The examination of applicants for certificates of registration as registered barbers and registered apprentices shall include practical demonstrations and oral and written tests as the board may prescribe.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Sections 5250-39, 5250-40; 1952 Code Sections 56-262, 56-263; 1962 Code Sections 56-262, 56-263; 1967 (55) 392; 1976 Code Sections 40-7-130, 40-7-140.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-250. Renewal of master haircare specialist license; reinstatement of certificate of registration for registered barbers and registered apprentices.

(A) A person who is licensed as a master haircare specialist on May 13, 1986, may have this license renewed annually upon payment of the required license fee.
(B) A registered barber or a registered apprentice whose certificate of registration has expired may have the certificate reinstated immediately upon payment of the required reinstatement fee. A registered barber who does not engage in the practice of barbering for three years or less may renew the certificate of registration upon payment of a reinstatement fee. If more than three years have elapsed, the person must pass an examination and pay the reinstatement fee.
(C) A registered apprentice who has submitted proof of the apprenticeship for the purpose of becoming licensed as a registered barber must take the examination before the next July first and the apprentice license may not be renewed.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-48; 1952 Code Section 56-272; 1962 Code Section 56-272; 1976 Act No. 700, Section 7; 1990 Act No. 566, Section 1; 1976 Code Section 40-7-230.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-255. Hair braiding practitioner registration; training; term and renewal of registration.

(A) Only those individuals who are licensed to practice barbering or cosmetology or who are registered to practice hair braiding in this State may engage in the practice of hair braiding or perform hair braiding services in this State.
(B) All implements used in connection with hair braiding must be disposable or must be sanitized in a disinfectant approved for hospital use or approved by the Environmental Protection Agency for commercial use.
(C) To practice hair braiding in this State an individual shall:
(1) apply to the board for registration in a manner prescribed by the board;
(2) provide satisfactory proof of successful completion of a one-day, six-hour board-approved hair braiding course;
(3) pass an examination administered by the board; and
(4) pay a twenty-five dollar registration fee.
(D) The hair braiding course shall include instruction regarding:
(1) sanitation and sterilization including:
(a) universal sanitation and sterilization precautions;
(b) how to distinguish between disinfectants and antiseptics; and
(c) how to sanitize hands and disinfect tools used in the practice of hair braiding;
(2) disorders and diseases of the scalp, including:
(a) how to distinguish between these disorders and diseases; and
(b) when hair braiding services can be performed on a client with disorders or diseases of the scalp;
(3) where and when an individual may legally practice hair braiding; and
(4) the procedures, fees, and requirements for renewal of a hair braiding registration.
(E) Registration to practice hair braiding is valid for two years or until the end of the biennial licensure renewal cycle in which the registration is first issued, whichever occurs first. The holder of a registration to practice hair braiding shall renew his or her registration by paying the renewal fee.
(F) An individual currently engaging in the practice of hair braiding on the effective date of this act has one year from the effective date to complete the registration requirements as provided for in this section.
HISTORY: 2005 Act No. 52, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-260. Only licensed master haircare specialist may use chemicals to wave, relax, straighten, or bleach hair.

No person may use chemicals to wave, relax, straighten, or bleach the hair in a barber shop unless a license as a master haircare specialist has been issued to the person by the board.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1985 Act No. 147, Section 2; 1976 Code Section 40-7-15.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-270. Temporary master haircare specialist license without examination; requirements.

A registered barber who has used chemicals to wave, relax, straighten, or bleach the hair before July 1, 1985, may receive a temporary master haircare specialist license without the examination required in Section 40-7-230(D)(2) by notifying the board and certifying sixty hours of on-the-job experience with chemical applications.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1985 Act No. 147, Section 3; 1976 Code Section 40-7-17.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-280. Restrictions on giving shampoos and manicures.

No person may give shampoos or manicures in a barber shop unless a license as a barber assistant has been issued to him by the Board of Barber Examiners.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-280; 1976 Act No. 700, Section 1; 1981 Act No. 143, Section 1; 1982 Act No. 304, Section 1; 1976 Code Section 40-7-25.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-285. Practice by cosmetologist, esthetician, or manicurist in barbershop.

Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of this title may practice, within the scope authorized by the person's license, in a barbershop registered in accordance with this chapter.
HISTORY: 2008 Act No. 353, Section 2, Part 17A.1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-290. Requirements for barbers who train students.

(A) A barber training a student in a shop must have had three years' experience as a registered barber and must have been examined by the board and determined to be qualified to train a student barber. A barber found qualified after examination must be issued an instructor's license.
(B) A registered barber may train no more than two students at a time if each student has a chair at all times.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-279; 1976 Act No. 700 Section 1; 1989 Act No. 87, Section 5; 1990 Act No. 612, Part II, Section 17; 1991 Act No. 23, Section 1; 1976 Code Section 40-7-115.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 7 - Barbers And Barbering › Section 40-7-300. Practicing barbers from other states; requirements for receiving certificate of registration to practice in state.

A person who has practiced barbering in another state or country which has licensing requirements which meet or exceed the requirements of this chapter, as determined by the board, and who moves into this State, before practicing barbering in South Carolina shall submit to the board:
(1) notarized statements from previous employers establishing that the person has been licensed and actively has practiced barbering for the preceding calendar year;
(2) a letter from the licensing board of the state or country from which the person is moving verifying that the person is licensed and in good standing with the board of that state or country;
(3) a certificate that the person has read, understands, and will abide by the provisions of this chapter and regulations promulgated under this chapter;
(4) a completed application for a certificate of registration upon a form provided by the board.
Upon receipt of these documents, the board shall issue the person a certificate of registration to practice barbering in this State.
HISTORY: 1997 Act No. 137, Section 1.
Editor's Note
Prior Laws:1937 (40) 339; 1942 Code Section 5250-42; 1952 Code Section 56-265; 1956 (49) 1588; 1962 Code Section 56-265; 1967 (55) 392; 1978 Act No. 433; 1981 Act No. 143, Section 3; 1989 Act No. 87, Section 6; 1992 Act No. 356, Section 2; 1976 Code Section 40-7-160.