reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-200. Penalty.

A person who violates the provisions of this chapter or a regulation promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-210. Civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the commission may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-220. 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: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-230. Issuance of licenses.

The commission shall issue licenses pursuant to this chapter as follows:
(1) boxer;
(2) wrestler;
(3) manager;
(4) second;
(5) trainer;
(6) announcer;
(7) promoter;
(8) promoter's representative;
(9) referee;
(10) judge;
(11) timekeeper;
(12) matchmaker;
(13) professional kickboxer;
(14) mixed martial arts contestant.
HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 4.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-240. Application for licensure.

(A) An application for licensure under this chapter must be submitted on an approved form, completed in its entirety. The application must be signed by the applicant. If any questions or requests for information on the application are left blank or incomplete, the commission must deny the application. In the case of a corporation or association, the application must be signed by its president or a representative who has binding authority for the corporation, association, or entity. An application for a license must be accompanied by proof of age acceptable to the commission.
(B) All licenses are valid from January 1 to December 31 of the year issued.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-250. Boxing events or exhibitions; compliance with federal law.

(A) In addition to the requirements of this chapter, all boxing events or exhibitions must be conducted in accordance with all applicable federal statutes and regulations including, but not limited to, 15 U.S.C. Section 6301 et seq.
(B) No boxing bout shall be more than twelve rounds in length.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-260. Boxing license; pre-fight physical.

(A) In order to be licensed as a boxer for an event or exhibition, an applicant:
(1) must be between the ages of 18 and 35, unless the commission by a supermajority vote waives this requirement as to an individual applicant over the age of 35;
(2) must not be listed on the Association of Boxing Commissions' National Suspension List;
(3) shall submit a completed application with payment of the prescribed fee;
(4) shall submit documentation, on a commission-approved form, that the applicant has undergone a comprehensive medical examination by a licensed physician subsequent to his last boxing match and not more than fifteen days before an event or exhibition in this State in which he plans or proposes to participate or compete. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical examination must include a clinical, neurological, neurophysiological, and ophthalmologic examination, that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician. If, at the time of these examinations, there is any indication of brain injury, or for any other reason the physician considers appropriate, the applicant must undergo further neurological and neurophysiological examinations by a specialized physician including, but not limited to, a computerized tomography or medically equivalent procedure. The commission shall not issue a license to an applicant until all examinations are completed and the physician determines that the boxer is eligible to participate or compete;
(5) shall submit evidence that the applicant has been tested not more than one year before the scheduled event or exhibition and is not infected with the human immunodeficiency virus and shall show proof of immunity for Hepatitis B and Hepatitis C;
(6) shall submit any additional documentation required by federal law pertaining to boxing.
(B) A boxer shall submit to a pre-fight physical by a ringside physician and be found eligible to compete and not medically disqualified.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-265. Toughman contest or off the street boxing license.

In order to be licensed as a contestant in a toughman contest or off the street boxing, an applicant:
(1) shall be between the ages of 18 and 35;
(2) must not be now or have ever been licensed in any state or jurisdiction as a professional boxer. The promoter shall provide to the commission the Association of Boxing Commission's approved registry of fight records on all participants that indicate they are not nor have they ever been licensed in any state or jurisdiction as a professional boxer;
(3) shall submit a completed application with payment of the prescribed fee;
(4) shall submit documentation, on a commission-approved form, that the applicant has undergone a comprehensive medical examination by a licensed physician subsequent to his last toughman or off the street boxing match and not more than fifteen days before an event or exhibition in this State in which he plans or proposes to participate or compete. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical examination must include a clinical, neurological, neurophysiological examination that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician;
(5) involved in off the street boxing tournaments shall be required to undergo an ophthalmology examination if he or she indicates on the application he or she has been knocked out in the last twelve months.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-270. Conditions applicable to promoter's representatives for female boxers.

In addition to meeting the requirements of Section 40-81-260, the promoter's representative for female boxers shall meet the following conditions:
(1) No applicant shall be contracted for or engage in a contest between male and female.
(2) Contests must be limited to four, six, eight, ten, or twelve rounds of two minutes' duration.
(3) Custom fitted mouthpieces must be used of the same variety required of male boxers.
(4) Gloves weighing not less than ten ounces must be worn.
(5) A physician approved breast protector must be used.
(6) Hair must be secured in a manner which will not interfere with the vision or safety of the contestant.
(7) Pre-fight physicals must be performed as provided in Section 40-81-490 and must include a negative pregnancy test.
(8) The annual physical examination shall include a pelvic examination. Before each event or exhibition, the examining physician shall perform an abdominal examination and breast examination.
(9) Promoters shall provide female boxers with adequate separate dressing rooms.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-280. Professional kickboxer and mixed martial arts contestant licensing requirements.

In order to be licensed as a professional kickboxer or mixed martial arts contestant for an event or exhibition, an applicant:
(1) must be between the ages of eighteen and thirty-five, unless the commission by a majority vote waives this requirement as to an individual applicant over the age of thirty-five;
(2) shall submit a completed application with payment of the prescribed fee; and
(3) shall submit documentation, on a commission-approved form, that the applicant has undergone a comprehensive physical examination by a licensed physician subsequent to his last match or fifteen days before an event or exhibition in this State. The examining physician shall indicate on the approved form that the applicant is physically able to participate or compete. The comprehensive physical exam shall include a clinical, neurological, neurophysiological, and ophthalmologic examination that may include, but is not limited to, an EEG, EKG, and CAT scan by a licensed physician. If, at the time of these examinations, there is any indication of brain injury, or for any other reason the physician considers appropriate, the applicant shall undergo further neurological and neurophysiological examinations by a specialized physician including, but not limited to, a computerized tomography or medically equivalent procedure. The commission shall not issue a license to an applicant until all examinations are completed and the physician determines that the kickboxer is eligible to participate or compete;
(4) shall submit evidence that the applicant has been tested not more than one year before the scheduled event or exhibition and is not infected with the human immunodeficiency virus and shall show proof of immunity for Hepatitis B and Hepatitis C; and
(5) shall submit any additional documentation required by the commission.
HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 5.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-290. Conditions applicable to promoter's representative for female kick boxers.

In addition to meeting the requirements of Section 40-81-280, promoter's representative for female professional kick boxers shall meet the following conditions:
(1) A commission-approved breast protector must be used.
(2) Hair must be secured in a manner which will not interfere with the vision or safety of the contestant.
(3) Pre-fight physicals must be performed as provided in Section 40-81-490 and must include a negative pregnancy test.
(4) The annual physical examination must include a pelvic examination. Before each event or exhibition, the examining physician shall perform an abdominal examination and breast examination.
(5) Promoters shall provide female kick boxers with adequate separate dressing rooms.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-300. Wrestling license.

In order to be licensed as a wrestler, an applicant:
(1) shall submit a completed application with payment of the prescribed fee;
(2) shall submit documentation that the applicant has undergone an annual physical examination by a licensed physician and has been found physically able to participate.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-350. Promoter licenses.

In order to be licensed as a promoter, an applicant:
(1) shall submit a completed application with payment of the prescribed fee;
(2) may not have been convicted or pled guilty or nolo contendere to a felony, crime of moral turpitude, or other crime related to licensure.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-360. Duties of promoters.

(A) All promoters holding licenses and permits shall comply with all applicable city, county, state, and federal laws regarding licensure and events or exhibitions. Promoters shall pay the commission five percent of the total admissions received at the event or exhibition at the time and in the manner designated by the commission. Promoters shall pay the commission an amount equal to the out of pocket cost of event exhibition inspections and any related investigations made by the department.
(B) A licensed promoter is responsible for compliance and enforcement of this chapter, regulations, and policies of the commission.
(C) Promoters are responsible for maintaining order and security at events and exhibitions. Promoters of boxing events shall have an ambulance with appropriate medical equipment and personnel on site during the event or exhibition.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-380. Referee licenses.

In order to be licensed as a referee, an applicant:
(1) shall submit a completed application with payment of the prescribed fee;
(2) shall successfully pass a commission-approved written examination. A referee who has a license in good standing in this or any other state or jurisdiction may obtain a South Carolina license without taking and passing the commission-approved written examination;
(3) shall submit a statement annually from a licensed physician indicating that the applicant is physically able to perform the duties of a referee.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-390. Judge licenses.

In order to be licensed as a judge, an applicant:
(1) shall submit a completed application with payment of the prescribed fee;
(2) shall successfully pass a commission-approved written examination. A judge who has a license in good standing in this or any other state or jurisdiction may obtain a South Carolina license without taking and passing the commission-approved written examination.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-420. Event or exhibition permits.

In order to be issued an event or exhibition permit, a promoter currently licensed in this State shall:
(1) submit a completed application containing the information required by the commission including, but not limited to:
(a) the names and current license numbers of all participants, contestants, and promoters;
(b) evidence of medical, hospitalization, and life insurance in the sum of ten thousand dollars that covers every contestant;
(c) evidence that a surety bond or certified funds have been filed with the department in the amount equal to the total value of any purse offered;
(d) information from the Association of Boxing Commissions' National Registry which includes each boxer's ring history;
(e) evidence that each contestant has complied with the licensing requirements in Section 40-81-260 and Section 40-81-270;
(f) copies of the contracts between boxers, managers, and officials and copies of the contracts with the promoter covering all contestants, participants, and officials in the event or exhibition for which the permit is issued.
(2) In the case of a corporation, association, or entity the application must be signed by its president or a representative who has binding authority for the corporation, association, or entity.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-425. Additional requirements for toughman contest or off the street boxing permits; bonds.

In addition to the requirements of Section 40-81-420, in order to be issued an event or exhibition permit for a toughman contest or off the street boxing, a promoter currently licensed in this State shall assure that:
(1) kicking shall not be permitted in off the street boxing;
(2) no boxer shall participate in more than four bouts in the same calendar day or on successive days without specific approval of the duly authorized department representative. The ringside physician must check and record a boxer's blood pressure prior to each fight;
(3) no one shall be allowed to be licensed or participate in an off the street boxing tournament if they are now or have ever been licensed in any state or jurisdiction as a professional boxer. The promoter shall provide to the commission the Association of Boxing Commissions' approved registry of fight records on all participants that indicate they are not nor have they ever been licensed in any state or jurisdiction as a professional boxer;
(4) each bout shall be limited to three one-minute rounds;
(5) weight classes shall be as specified as follows:
A. Class I: 130-152 pounds;
B. Class II: 153-175 pounds;
C. Class III: 176-199 pounds;
D. Class IV: Super heavyweight-over 200 pounds.
(6) neutral corner men assigned by the promoter and approved in advance by a department representative shall work a particular corner and shall remain in that corner throughout the event;
(7) the corner men must use clean towels and clean mouthpieces for each bout;
(8) gloves of minimum weight of sixteen ounces, to be provided by the promoter, are required;
(9) all equipment must be inspected and approved by the department representative. All contestants must wear approved headgear and a protective athletic cup;
(10) no off the street boxing tournament shall be longer than two consecutive twenty-four hour periods;
(11) no person who has participated in professional boxing or kickboxing including trainers and sparring partners shall enter an off the street boxing tournament;
(12) in lieu of an accident policy and medical insurance policy, the promoter may provide a surety bond to the commission in the amount of ten thousand dollars. Such bond is to guarantee that the promoter pay for medical treatment for injuries received by participants and a payment of ten thousand dollars to the participant's heirs at law in the event of the participant's death. In addition, the promoter must provide to the commission a separate bond that is equal to the aggregate amount of the entire purse of the event and salary of all officials to include the ringside physician.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-430. Licensure fees.

The following licensure fees must be established by the department, in conjunction with the commission, and adjusted in accordance with Section 40-1-50(d):
(1) promoter;
(2) promoter's representative;
(3) referee;
(4) manager;
(5) wrestler;
(6) matchmaker;
(7) boxer;
(8) kickboxer;
(9) trainer;
(10) second;
(11) timekeeper;
(12) announcer;
(13) judge;
(14) event permit for boxing;
(15) event permit for wrestling;
(16) mixed martial arts contestant and event.
HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 6.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-440. Deadline for permit applications; late fees.

Applications for permits received less than fifteen days before the event or exhibition may be denied and, if granted, are subject to a late fee of not less than twenty-five dollars or more than one hundred dollars per day.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-445. Mixed martial arts events; compliance with rules of professional organization or sanctioning body.

The department and commission shall require that mixed martial arts events comply with the rules of a recognized professional organization or sanctioning body recognized by the commission except where those rules conflict with the laws of this State in which case the laws of this State shall apply.
HISTORY: 2009 Act No. 57, Section 8.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-450. Administrative citations, cease and desist orders, and penalties.

(A) The department representative may issue administrative citations and cease and desist orders and may assess administrative penalties against a person for violations of this chapter and Chapter 1.
(B) Separate citations may be issued and separate administrative penalties may be assessed against a person for each violation; however, no more than two thousand five hundred dollars in administrative penalties may be assessed against a person per day.
(C) Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(D) A person assessed administrative penalties may protest those penalties to the commission within ten working days of receipt of the citation. If a protest is filed, the department shall schedule a hearing upon not less than thirty days' notice before the commission, which shall make a determination in the matter. If no protest is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-460. Denial or suspension of boxing license.

(A) A boxer who sustains a succession of six defeats or a series of knockouts or technical knockouts in any state or jurisdiction may be subject to licensure denial or suspension.
(B) No boxer is permitted to box while under suspension from any boxing commission due to:
(1) a recent knockout, technical knockout, or series of consecutive losses;
(2) an injury, requirement for a medical procedure, or physician denial of certification;
(3) failure of a drug test; or
(4) the use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents.
(C) The commission shall honor all suspensions listed on the Association of Boxing Commissions' National Suspension List. No participant shall be licensed in this State until the suspending jurisdiction has removed the suspension and the Association of Boxing Commissions' National Suspension List indicates that he is eligible to participate.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-470. Suspension of license required after knockout.

(A) After a knockout in a South Carolina event or exhibition, the commission shall suspend the boxer for not less than sixty days and require medical examinations as ordered by the ringside physician or the commission. All suspensions and required medical tests must be reported in accordance with federal law pertaining to boxing.
(B) After a technical knockout in a South Carolina event or exhibition, the commission shall suspend the boxer for not less than thirty days and require a medical examination as ordered by the ringside physician or the commission. All suspensions and required medical tests must be reported in accordance with federal law pertaining to boxing.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-480. Unlawful events or exhibitions.

Events or exhibitions in which weapons are used are unlawful in this State. A person violating this section is guilty of a misdemeanor and, upon conviction, must be punished in accordance with the provisions of Section 40-81-200.
HISTORY: 2003 Act No. 28, Section 1; 2009 Act No. 57, Section 7.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-490. Medical compliance required of promoter; ringside physicians; emergency medical technicians.

It is the responsibility of the promoter or the promoter's representative to ensure compliance with the following requirements:
(1) The ringside physician shall physically examine each contestant in a boxing event or exhibition not less than twenty-four hours before the event or exhibition and document the results of the examination on a form provided by the commission which must be filed with the commission. The ringside physician must be provided with the current Association of Boxing Commissions' Ringside Physicians Manual and shall follow its guidelines at the event or exhibition. The documentation shall indicate that the contestant is eligible to compete or participate. The ringside physician may examine a contestant at any time he feels it necessary and may direct the referee to halt a bout if in his opinion the contestant is unable to continue. The ringside physician may require a post fight evaluation of any contestant. A contestant who loses by knockout or technical knockout must be evaluated post fight by the ringside physician. The ringside physician must be certified to administer advanced cardiac life support and must be present at ringside during each bout of the event or exhibition. At least two certified emergency medical technicians must be present at ringside during each bout of the event or exhibition. In addition, the emergency medical technicians shall have proper medical equipment including, but not limited to, an ambulance that is present during the entire event or exhibition.
(2) No event or exhibition may proceed in violation of this section. Failure to comply imperatively requires emergency action and the summary suspension of the event or exhibition permit until full compliance with this section is attained.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-500. Exemptions.

This chapter does not apply to:
(1) an amateur boxing, wrestling, kickboxing, martial arts, or sparring exhibition, contest, or performance conducted by an institution of higher education or a secondary school if all participants are regularly enrolled students;
(2) amateur boxing or wrestling matches sanctioned by the Amateur Athletic Union or the United States Amateur Boxing Federation or other amateur associations or groups approved by the commission;
(3) schools or organizations under the auspices of the United States Olympic Committee; or
(4) events or exhibitions sponsored by USA Boxing-South Carolina Association, Inc.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-510. Substance abuse testing.

The commission has the authority to require a participant to submit to tests for the presence of unauthorized substances. The use of any drugs, alcohol, or stimulants, or injections in any part of the body, either before or during an event or exhibition, by or on behalf of any participant, is adequate grounds for disqualification of the license and the license of the person administering the same.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 81 - State Athletic Commission › Section 40-81-520. Nonprofit or charitable events and exhibitions.

Events or exhibitions sponsored, promoted, or conducted by nonprofit or charitable organizations are subject to this chapter and regulations promulgated under this chapter; however, the commission may reimburse all or part of any fees paid under Section 40-81-360 for good cause shown by the nonprofit or charitable organization.
HISTORY: 2003 Act No. 28, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-5. Applicability and conflicts with Article 1, Chapter 1, Title 40.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the Liquid Petroleum Gas Board and licensees regulated under this chapter. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-10. Board creation, composition, terms, meetings and affirmative vote requirements.

(A) There is created the Liquefied Petroleum Gas Board composed of seven members appointed by the Governor. One appointee must be a fireman, two must be liquefied petroleum gas dealers licensed under this chapter, one must be licensed under this chapter in any other classification, one must be a representative of the insurance industry, and two must be members of the public who do not possess a pecuniary interest in an entity engaged in a business directly involving liquefied petroleum gas. Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45.
(B) The chairman must be elected for a one-year term. Terms of office for members are for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired term. The board shall meet at least annually and not more than once a month. All meetings must be scheduled at the call of the chairman. All members shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions for days on which they transact official business, to be paid from the General Fund of the State. The department's Office of State Fire Marshal shall provide administrative support as required by the board to perform its prescribed functions. The State Fire Marshal is an official consultant and is authorized to attend all meetings.
(C) No action may be taken by the board except upon the affirmative vote of four members.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-20. Definitions.

As used in this chapter:
(1) "Containers" means all vessels including, but not limited to, tanks, cylinders, or pressure vessels used for storage of liquefied petroleum gases.
(2) "Contractor" means a person or company engaging in the installation, servicing, repairing, adjusting, disconnecting or connecting piping to bulk storage tanks, pumps, compressors and equipment for gas systems.
(3) "Cylinder exchange company" means a business which provides filled liquefied petroleum gas cylinders for purchase or exchange.
(4) "Dealer" means a person engaging in the installation of liquefied petroleum gas systems or in the manufacture, distribution, sale, storing, or transporting by tank truck, tank trailer, or container of liquefied petroleum gases or engaging in installing, servicing, repairing, adjusting, disconnecting, or connecting appliances to liquefied petroleum gas systems and containers.
(5) "Installer of appliances and equipment" means a person engaging in the business of installing, servicing, repairing, adjusting, disconnecting, or connecting appliances and equipment to liquefied petroleum gas systems or containers.
(6) "Liquefied petroleum gas" means material composed predominately of hydrocarbons or mixtures of hydrocarbons, including propane, propylene, butanes (normal butane or isobutane), and butylenes.
(7) "Reseller" means a person engaging in the resale of liquefied petroleum gas by filling cylinders of not more than one hundred pounds capacity of liquefied petroleum gas and who owns and operates this business separate and independent of a dealer except that the reseller may purchase liquefied petroleum gas from a dealer as an independent contractor.
(8) "Systems" means an assembly of equipment consisting of the container and any device which is connected to the container for the utilization of liquefied petroleum gas.
(9) "Transporter" means a person engaging in the transportation of liquefied petroleum gas for hire only in quantities greater than three thousand five hundred water gallons from pipeline terminals to bulk plants.
(10) "Utility gas plant" means a fuel gas distribution facility owned or operated by a public utility or municipal or local government authority that uses liquefied petroleum gas to supplement natural gas supplies when necessary.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-30. Unlawful acts without license; exemption.

It is unlawful for a person to engage in the manufacture, distribution, sale, storage, or transportation by tank truck, tank trailer, or cylinder of liquefied petroleum gases or engage in the installation, servicing, repairing, adjusting, or connecting of appliances to liquefied petroleum gas systems and containers in this State without being licensed in accordance with this chapter. A retail establishment which sells prefilled liquefied petroleum gas cylinders of twenty-five pounds or less is exempt from the requirements of this chapter.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-50. Department to provide administrative and other support of board operations and activities.

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.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-70. Board powers and duties.

(A) The board shall:
(1) ensure that the laws of this State governing liquefied petroleum gas are executed faithfully;
(2) institute proceedings for violations of laws relevant to liquefied petroleum gas;
(3) promulgate and enforce regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases and specifying the odorization and degree of odorization of these gases. The regulations must be reasonably necessary for the protection of the health, welfare, and safety of the public and persons using these materials and must be in substantial conformity with the generally accepted standards of safety concerning liquid petroleum gas. The regulations must contain standards not less than those published by the National Fire Protection Association Pamphlet No. 54, National Fire Protection Association Pamphlet No. 58, with the exception of Section 4-2.2.1, 1992 Edition, and National Fire Protection Association Pamphlet No. 59 1992 Edition. The regulations must be adjusted to reflect revisions by the National Fire Protection Association.
(B) 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: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-80. Investigating complaints and violations; inspections; compelling attendance of witnesses.

(A) The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
(B) The State Fire Marshal or any of his agents may enter during reasonable business hours the premises of a person engaged in the liquefied petroleum gas industry in any of its phases to inspect properties or installations that relate in any way to the safe and proper operation of the business and may make investigations or examinations they consider necessary. When an emergency exists, as declared by the Office of State Fire Marshal, the inspector may enter the premises of a person and take necessary action for public safety including, but not limited to, the evacuation of the area in which the emergency exists.
(C) The board may compel the attendance of witnesses to testify in relation to a matter within its jurisdiction.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-100. Cease and desist orders; petitioning for equitable relief.

In addition to other remedies provided for in this chapter or 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: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-120. Violations and disciplinary actions.

In addition to the sanctions the board may impose against a person pursuant to this chapter and Section 40-1-120, the board may take disciplinary action against a person if:
(1) a condition is found as a result of the inspection, examination, or investigation provided in Section 40-82-80 that is hazardous to the public safety;
(2) a condition is found in violation of other laws or regulations applicable to the liquefied petroleum gas industry;
(3) there is a violation of the South Carolina Container Law, as provided for in Regulation 19-304.4.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-150. Voluntary surrender of license.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-170. Costs of investigation and prosecution.

A person found in violation of this chapter or a regulation 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: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-180. Collection and enforcement regarding 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: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-190. Confidentiality and 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: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-200. Criminal violations and penalties.

A person required by this chapter to obtain a license to do business in this State who has not obtained a license or who operates while his license is suspended or revoked or who violates a provision of this chapter or a regulation promulgated pursuant to this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand dollars or imprisoned for not less than ninety days nor more than one year.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-210. Civil penalties and injunctive relief.

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-220. License application requirements for various persons or entities; renewal.

(A) The board may issue a license to a dealer who presents to the Department of Labor, Licensing and Regulation a completed application giving satisfactory evidence:
(1) that the site has been approved;
(2) of insurance as required by this chapter;
(3) of principals or employees who have passed examinations required under this chapter;
(4) that all fees have been paid.
(B) The board may issue a license to an installer of appliances and equipment who presents to the Department of Labor, Licensing and Regulation a completed application with satisfactory evidence of:
(1) insurance as required by this chapter;
(2) equipment needed for safe installation;
(3) principals or employees who have passed examinations under this chapter;
(4) payment of all required fees.
(C) The board may issue a license to a reseller who presents a completed application to the Department of Labor, Licensing and Regulation giving satisfactory evidence:
(1) that the site has been approved;
(2) of insurance as required by this chapter;
(3) of principals or employees who have passed examinations required under this chapter;
(4) that all fees have been paid.
(D) The board may issue a license to a transporter who presents to the Department of Labor, Licensing and Regulation a completed application giving satisfactory evidence:
(1) of insurance as required by this chapter;
(2) of principals or employees who have passed examinations required under this chapter;
(3) that all fees have been paid.
(E) The board may issue a license to a utility gas plant which presents to the Department of Labor, Licensing and Regulation a completed application giving satisfactory evidence:
(1) that site has been approved;
(2) of insurance as required by this chapter;
(3) of principals or employees who have passed examinations required under this chapter;
(4) that all fees have been paid.
(F) The board may issue a license to a cylinder exchange facility who presents a completed application to the Department of Labor, Licensing and Regulation giving satisfactory evidence:
(1) of insurance as required by this chapter;
(2) satisfactory evidence of equipment needed for safe operation of the facility;
(3) of principals or employees who have passed examinations required under this chapter;
(4) that all fees have been paid.
(G) Each license must be renewed biennially and is valid through June 30 of the applicable year. A late fee of one hundred dollars may be charged to a licensee who fails to file a renewal application before July 1 in the applicable year. A licensee who fails to renew may be required to comply with the requirements of initial licensure.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-230. Examinations and equivalencies.

The Department of Labor, Licensing and Regulation shall administer, at the request of the board, examinations approved by the board. The board may also recognize other examinations or training programs as the equivalent.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-240. Dealer storage capacities and waiver.

(A) A dealer conducting business in the State:
(1) must have or have access to facilities with a storage capacity of a minimum of 30,000 water gallons located within close proximity to the area to be served; however, no more than two dealers may share the capacity of one 30,000 gallon tank;
(2) whose headquarters are outside of the State, must have storage capacity located in the State within close proximity to the area served in the State.
(B) The board may waive the minimum bulk storage facility requirement of subsection (A).
(C) If a dealer has access to another dealer's facility, for purposes of subsection (A)(1), the dealer must have a written agreement, signed by both parties, stipulating the terms, conditions, and available capacity. A current agreement must be submitted at the time of each license renewal, and the duration of the agreement must, at a minimum, coincide with the length of the licensing period.
HISTORY: 1999 Act No. 128, Section 1; 2003 Act No. 16, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-250. General liability insurance.

A transporter of propane, utility gas plant, dealer, reseller, cylinder exchange company, or installer of appliances engaged in any of the activities provided for in Section 40-82-30 shall obtain general liability insurance in the amount of five hundred thousand dollars from a company licensed to conduct business in this State as a prerequisite to obtaining a license under this chapter. The general liability insurance must include manufacturer's or contractor's liability and product's liability insurance. The insurance carrier shall certify to the board through the Office of State Fire Marshal by a standard certificate of insurance executed by a licensed insurance agent that the required coverages are in effect and may not be canceled by the insurance carrier without at least thirty days notice to the board through the Office of State Fire Marshal by registered mail.
HISTORY: 1999 Act No. 128, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 82 - Liquid Petroleum Gas › Section 40-82-260. Dealer ascertainment of reseller's license.

Before a dealer may sell liquefied petroleum gas to a person for resale to the public, the dealer shall ascertain that the person is licensed and certified by the board through the Office of the State Fire Marshal to resell the liquefied petroleum gas. A dealer wilfully violating this section is subject to penalties provided in this chapter.
HISTORY: 1999 Act No. 128, Section 1.