reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 73 - State Commodity Code › Section 39-73-370. Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.

It is a defense in a complaint, information, indictment, a writ, or a proceeding brought under this chapter alleging a violation of Section 39-73-20 based solely on the failure in an individual case to make physical delivery within the applicable time under Section 39-73-10(5) or Section 39-73-40(A)(2) if:
(1) failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, persons occupying a similar status or performing similar functions, persons who directly or indirectly control or are controlled by the seller, or the seller's affiliates, subsidiaries, or successors;
(2) physical delivery was completed within a reasonable time under the applicable circumstances.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 75 - Regrooved And Regroovable Tires › Section 39-75-10. Definitions.

As used in this chapter, the term:
(1) "Regroovable tire" means a tire, either original tread or retread, designed and constructed with sufficient tread material to permit renewal of the tread pattern or the generation of a new tread pattern in a manner which conforms to this chapter.
(2) "Regrooved tire" means a tire, either original tread or retread, on which the tread pattern has been renewed or a new tread has been produced by cutting into the tread of a worn tire to a depth equal to or deeper than the molded original groove depth.
HISTORY: 2000 Act No. 300, Section 1, eff May 26, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 75 - Regrooved And Regroovable Tires › Section 39-75-20. Requirements applicable to sale of regrooved or regroovable tires.

(A) Except as permitted in subsection (B) of this section, a person shall not sell, offer for sale, or introduce or deliver for introduction into commerce regrooved tires produced by removing rubber from the surface of a worn tire tread to generate a new tread pattern. A person who regrooves tires and leases them to owners or operators of motor vehicles and a person who regrooves his own tires for use on motor vehicles is considered to be a person delivering for introduction into commerce within the meaning of this section.
(B) A regrooved tire may be sold, offered for sale, or introduced for sale or delivered for introduction into commerce only if it conforms to each of the following requirements:
(1) The tire being regrooved is a regroovable tire.
(2) After regrooving, cord material below the grooves must have a protective covering of tread material at least 3/32 -inch thick.
(3) After regrooving, the new grooves generated into the tread material and residual original molded tread groove which is at or below the new regrooved depth must have a minimum of ninety linear inches of tread edges for each linear foot of the circumference.
(4) After regrooving, the new groove width generated into the tread material must be a minimum of 3/16 -inch and a maximum of 5/16 -inch.
(5) After regrooving, all new grooves cut into the tread must provide unobstructed fluid escape passages.
(6) After regrooving, the tire must not contain any of the following defects, as determined by a visual examination of the tire either mounted on the rim or dismounted:
(a) cracking which extends to the fabric;
(b) groove cracks or wear extending to the fabric; or
(c) evidence of ply, tread, or sidewall separation.
(7) If the tire is siped by cutting the tread surface without removing rubber, the tire cord material may not be damaged as a result of the siping process, and a sipe may not be deeper than the original or retread groove depth.
(C) A person shall not sell, offer for sale, or introduce for sale or deliver for introduction into commerce a regroovable tire that has been siped by cutting the tread surface without removing rubber if the tire cord material is damaged as a result of the siping process, or if the tire is siped deeper than the original or retread groove depth.
HISTORY: 2000 Act No. 300, Section 1, eff May 26, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 75 - Regrooved And Regroovable Tires › Section 39-75-30. Labeling of tire designed for regrooving.

A tire designed and constructed for regrooving shall be labeled on one sidewall with the word "REGROOVABLE".
HISTORY: 2000 Act No. 300, Section 1, eff May 26, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 75 - Regrooved And Regroovable Tires › Section 39-75-40. Applicability of chapter.

This chapter does not apply to regrooved or regroovable tires intended solely for export outside the United States, which tires must be labeled or tagged for export; nor does it apply to tires intended solely for agricultural use or for off the road industrial use.
HISTORY: 2000 Act No. 300, Section 1, eff May 26, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 75 - Regrooved And Regroovable Tires › Section 39-75-50. Sale of nonconforming tires; penalty.

Any person who knowingly sells, offers for sale, or delivers for introduction into this State regrooved tires not in conformity with this chapter is guilty of a misdemeanor and, upon conviction, shall be imprisoned not more than one year or fined not more than five thousand dollars, or both.
HISTORY: 2000 Act No. 300, Section 1, eff May 26, 2000.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 77 - Electronic Dissemination Of Commerical Recordings Or Audiovisual Works › Section 39-77-20. Definitions.

As used in this chapter:
(1) "Audiovisual works" means works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.
(2) "Commercial recording or audiovisual work" means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate such recording or audiovisual work for sale, for rental, or for performance or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. A recording or audiovisual work may be commercial regardless of whether a person who electronically disseminates it seeks commercial advantage or private financial gain from the dissemination.
(3) "Electronic dissemination" means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the Internet or other digital network, regardless of whether another person has previously electronically disseminated the same commercial recording or audiovisual work.
(4) "Website" means a set of related web pages served from a single web domain. The term does not include a home page or channel page for the user account of a person who is not the owner or operator of the website upon which such user home page or channel page appears.
HISTORY: 2022 Act No. 146 (H.3859), Section 1, eff April 25, 2022.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 77 - Electronic Dissemination Of Commerical Recordings Or Audiovisual Works › Section 39-77-30. Disclosures required by person who owns or operates a website dealing in electronic dissemination of third-party commercial recordings or audiovisual works.

(A) A person who owns or operates a website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and who electronically disseminates the works to consumers in this State shall disclose clearly and conspicuously his correct name, physical address, telephone number, and email address on his website or online service in a location readily accessible to a consumer using or visiting the website or online service.
(B) The following locations are considered to be readily accessible for purposes of subsection (A):
(1) a landing or home web page or screen;
(2) an about or about us web page or screen;
(3) a contact or contact us web page or screen;
(4) an information web page or screen; or
(5) another place on the website or online service commonly used to display identifying information to consumers.
HISTORY: 2022 Act No. 146 (H.3859), Section 1, eff April 25, 2022.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 77 - Electronic Dissemination Of Commerical Recordings Or Audiovisual Works › Section 39-77-40. Private cause of action to obtain declaratory judgment; attorney's fees and expenses.

(A) An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by a website or online service in violation of this chapter may bring a private cause of action to obtain a declaratory judgment that an act or practice violates this chapter and obtain an injunction against any person who knowingly has violated, is violating, or is otherwise likely to violate this chapter. As a condition precedent to filing a civil action under this chapter, the aggrieved party shall make reasonable efforts to place an individual alleged to be in violation of this chapter on notice that the individual may be in violation of this chapter and that failure to cure within fourteen days may result in a civil action filed in a court of competent jurisdiction.
(B) Upon motion of the party instituting the action, the court may make appropriate orders to compel compliance with this chapter.
(C) The prevailing party in a cause under this chapter is entitled to recover necessary expenses and reasonable attorney's fees.
HISTORY: 2022 Act No. 146 (H.3859), Section 1, eff April 25, 2022.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 77 - Electronic Dissemination Of Commerical Recordings Or Audiovisual Works › Section 39-77-50. Construction of chapter with other state and federal laws.

This chapter is supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this chapter. This chapter does not:
(1) bar any cause of action or preclude the imposition of sanctions or penalties that would otherwise be available under state or federal law; or
(2) impose liability on providers of an interactive computer service, communications service, commercial mobile service, or information service including, but not limited to, an Internet access service provider, advertising network or exchange, domain name registration provider, or a hosting service provider, if they provide the transmission, storage, or caching of electronic communications or messages of others or provide another related telecommunications service, commercial mobile radio service, or information service, for use of such services by another person in violation of this chapter.
HISTORY: 2022 Act No. 146 (H.3859), Section 1, eff April 25, 2022.
2023 South Carolina Code of Laws › Title 39 - Trade and Commerce › Chapter 77 - Electronic Dissemination Of Commerical Recordings Or Audiovisual Works › Section 39-77-60. Violation of this chapter; enforcement.

(A) A violation of this chapter constitutes an unfair trade practice pursuant to Section 39-5-20.
(B) A public or private right or remedy prescribed by Chapter 5 may be used to enforce this chapter.
HISTORY: 2022 Act No. 146 (H.3859), Section 1, eff April 25, 2022.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-20. Definitions.

As used in this title unless the context requires a different meaning:
(1) "Administrator" means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;
(2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. This authorization is granted in the form of a license, permit, certification, or registration;
(3) "Board" or "Commission" means the group of individuals charged by law with the responsibility of licensing or otherwise regulating an occupation or profession within the State. Except as otherwise indicated, "board" is used in this article to refer to both boards and commissions;
(4) "Department" means the Department of Labor, Licensing and Regulation;
(5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;
(6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;
(7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;
(8) "Person" means an individual, partnership, or corporation;
(9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-30. Authorization to practice.

It is unlawful for a person to engage in a profession or occupation regulated by a board or commission administered by the Department of Labor, Licensing and Regulation without holding a valid authorization to practice as required by statute or regulation.
An authorization to practice issued pursuant to this title is valid for up to two years and is renewable on renewal dates as established by the Director of Labor, Licensing and Regulation with the consent of each applicable regulatory board.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-40. Purpose of division; domain.

(A) The purpose of the Division of Professional and Occupational Licensing, South Carolina Department of Labor, Licensing and Regulation, is to protect the public through the regulation of professional and occupational licensees and the administration of boards charged with the regulation of professional and occupational practitioners.
(B) The following boards and the professions and occupations they license or otherwise regulate must be administered by the Department of Labor, Licensing and Regulation pursuant to this article:
Board of Accountancy
Board of Architectural Examiners
Athletic Commission
Auctioneers Commission
Board of Barber Examiners
Accessibility Committee of the Building Codes Council
Building Code Council
Board of Chiropractic Examiners
Contractors' Licensing Board
Board of Cosmetology
Board of Dentistry
Engineers and Land Surveyors Board
Environmental Certification Board
Board of Registration for Foresters
Board of Funeral Service
Board of Registration for Geologists
Manufactured Housing Board
Board of Medical Examiners
Modular Buildings Board of Appeals
Board of Nursing
Long Term Health Care Administrators Board
Board of Occupational Therapy
Board of Examiners in Opticianry
Board of Examiners in Optometry
Board of Pharmacy
Board of Physical Therapy Examiners
Pilotage Commission
Board of Podiatry Examiners
Board of Examiners for Licensure of Professional Counselors and Marital and Family Therapists
Board of Examiners in Psychology
Board of Pyrotechnic Safety
Real Estate Appraisers Board
Real Estate Commission
Residential Builders Commission
Board of Social Work Examiners
Board of Examiners in Speech-Language Pathology and Audiology
Board of Veterinary Medical Examiners
(C) Each regulatory board within the department is a separate board.
(D) The Department of Labor, Licensing and Regulation is a member of the Governor's executive cabinet and must be headed by a director who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to Section 1-3-240(B). The director shall supervise the department under the direction and control of the Governor and shall exercise other powers and perform other duties as the Governor requires.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-45. Public and consumer members of boards and panels.

The department, in consultation with currently serving board members, the Office of the Governor, members of professional and industry associations, and the general public shall encourage public and consumer membership and participation on all boards and panels associated with the department. Public and consumer membership may not include current or former, active or inactive members of the profession or occupation being regulated. Public and consumer members have the same rights and responsibilities as professionally or occupationally-related board members and shall participate fully in all discussions, deliberations, decisions, and votes of the board or panel on which they serve unless otherwise prohibited by statute or regulation.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-60. Officers of boards; meetings.

(A) A board annually shall elect from among its members a chairman, vice-chairman, and other officers as the board determines necessary. The board shall adopt rules and procedures reasonably necessary for the performance of its duties and the governance of its operations and proceedings.
(B) A board shall meet at least two times a year and at other times upon the call of the chairman or a majority of the board.
(C) A majority of the members of a board constitutes a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum.
(D) A board member is required to attend meetings or to provide proper notice and justification of inability to do so. Unexcused absences from meetings may result in removal from the board as provided for in Section 1-3-240.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-70. Powers and duties of boards.

The powers and duties of regulatory boards include, but are not limited to:
(1) determining the eligibility of applicants for examination and licensure;
(2) examining applicants for licensure including, but not limited to:
(a) prescribing the subjects, character, and manner of licensing examinations;
(b) preparing, administering, and grading the examination or assisting in the selection of a contractor for the preparation, administration, or grading of the examination;
(3) establishing criteria for issuing, renewing, and reactivating the authorizations to practice of qualified applicants, including the issuance of active or permanent, temporary, limited, and inactive licenses, or other categories as may be created;
(4) adopting a code of professional ethics appropriate to the profession or occupation which it licenses or regulates;
(5) evaluating and approving continuing education course hours and programs;
(6) conducting hearings on alleged violations of this article and regulations promulgated under this article;
(7) resolving consumer complaints, where appropriate and possible;
(8) disciplining persons licensed under this article in a manner provided for in this article;
(9) promulgating regulations which have been submitted to the director, at least thirty days in advance of filing with Legislative Council as required by Section 1-23-30;
(10) filing claims against any surety bond on a form approved by a board and in accordance with procedures established by the board in regulation.
HISTORY: 1996 Act No. 453, Section 2; 2018 Act No. 197 (S.877), Section 2, eff May 15, 2018.
Effect of Amendment
2018 Act No. 197, Section 2, added (10), providing for the inclusion of filing claims against any surety bonds on board-approved forms.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-75. Repealed by 2013 Act No. 45, Section 4, eff June 7, 2013.

Former Section 40-1-75 was titled Continuing education exemption for persons serving on active military duty and was derived from 2008 Act No. 299, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-80. Investigations.

(A) If the director has reason to believe that a person has violated a provision of this article or a regulation promulgated under this article or the licensing act or regulation of a board or that a licensee has become unfit to practice the profession or occupation or if a person files a written complaint with the board or the director charging a person with the violation of a provision of this article or a regulation promulgated under this article, the director may initiate an investigation.
(B) Within thirty days after an investigation is initiated, the director must send the licensee:
(1) a letter advising the licensee that a complaint has been filed and that an investigation has been initiated and a request that the licensee respond in writing within fourteen days;
(2) a copy of the complaint;
(3) the name of the complainant, unless the board believes good cause exists to withhold the name of the complainant; and
(4) all materials filed with the complaint.
(C) In conducting the investigation, the director may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the director, the director may apply to an administrative law judge for an order requiring the person to comply.
HISTORY: 1996 Act No. 453, Section 2; 2023 Act No. 13 (H.3605), Section 2, eff May 8, 2023.
Editor's Note
2023 Act No. 13, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Earn and Learn Act of 2023'."
Effect of Amendment
2023 Act No. 13, Section 2, inserted (B) and redesignated former (B) as (C).
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-90. Disciplinary action proceedings.

(A) The director shall review any case that the board recommends for a formal complaint to ensure the department mailed the notice of the investigation to the licensee and provided the licensee with opportunity to respond. This shall occur before the formal complaint is issued. The director shall verify that:
(1) the department mailed a copy of the complaint to the licensee;
(2) the name of the complainant was provided to the licensee, unless good cause existed to withhold the name of the complainant;
(3) the licensee was notified of the opportunity to provide a response to the complaint; and
(4) the licensee's response was included and considered in the investigative file.
If the director determines that any of these procedural steps were not followed in the investigative process, the issuance of the formal complaint shall be held until such time as the procedural defects may be rectified. Nothing in this section should be construed to require the director's review if a case is disposed of by any means other than issuance of a formal complaint.
(B) The results of an investigation must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice the profession or occupation, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.
(C) For the purpose of a proceeding under this article, the department may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the board may apply to an administrative law judge for an order requiring the person to comply with the subpoena.
HISTORY: 1996 Act No. 453, Section 2; 2023 Act No. 13 (H.3605), Section 3, eff May 8, 2023.
Editor's Note
2023 Act No. 13, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Earn and Learn Act of 2023'."
Effect of Amendment
2023 Act No. 13, Section 3, inserted (A) and redesignated former (A) and (B) as (B) and (C), respectively.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-100. Equitable relief; immunity.

(A) When the board has reason to believe that a person is violating or intends to violate a provision of this article or a regulation promulgated under this article, in addition to all other remedies, it may order the person immediately to cease and desist from engaging in the conduct. If the person is practicing a profession or occupation without being licensed under this article, is violating a board order, a provision of this article, or a regulation promulgated under this article, the board also may apply, in accordance with the rules of the Administrative Law Court, to an administrative law judge for a temporary restraining order.
No board member or the Director of the Department of Labor, Licensing and Regulation or another employee of the department may be held liable for damages resulting from a wrongful temporary restraining order.
(B) The board may seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this article or a regulation promulgated under this article.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-110. Additional grounds for disciplinary action.

In addition to other grounds contained in this article and the respective board's chapter:
(1) A board may cancel, fine, suspend, revoke, or restrict the authorization to practice of an individual who:
(a) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act or omitted a material fact in obtaining licensure under this article;
(b) has had a license to practice a regulated profession or occupation in another state or jurisdiction canceled, revoked, or suspended or who has otherwise been disciplined;
(c) has intentionally or knowingly, directly or indirectly, violated or has aided or abetted in the violation or conspiracy to violate this article or a regulation promulgated under this article;
(d) has intentionally used a fraudulent statement in a document connected with the practice of the individual's profession or occupation;
(e) has obtained fees or assisted in obtaining fees under fraudulent circumstances;
(f) has committed a dishonorable, unethical, or unprofessional act that is likely to deceive, defraud, or harm the public;
(g) lacks the professional or ethical competence to practice the profession or occupation;
(h) has been convicted of or has pled guilty to or nolo contendere to a felony or a crime involving drugs or moral turpitude;
(i) has practiced the profession or occupation while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice his profession or occupation;
(j) has sustained a physical or mental disability which renders further practice dangerous to the public;
(k) violates a provision of this article or of a regulation promulgated under this article;
(l) violates the code of professional ethics adopted by the applicable licensing board for the regulated profession or occupation or adopted by the department with the advice of the advisory panel for the professions and occupations it directly regulates.
Each incident is considered a separate violation.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-115. Term of board jurisdiction.

A board has jurisdiction over the actions committed or omitted by current and former licensees during the entire period of licensure. The board has jurisdiction to act on any matter which arises during the practice authorization period.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-120. Sanctions.

(A) Upon a determination by a board that one or more of the grounds for discipline exists, in addition to the actions the board is authorized to take pursuant to its respective licensing act, the board may:
(1) issue a public reprimand;
(2) impose a fine not to exceed five hundred dollars unless otherwise specified by statute or regulation of the board;
(3) place a licensee on probation or restrict or suspend the individual's license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension including, but not limited to, satisfactory completion of additional education, of a supervisory period, or of continuing education programs;
(4) permanently revoke the license.
(B) A decision by a board to discipline a licensee as authorized under this section must be by a majority vote of the total membership of the board serving at the time the vote is taken.
(C) A final order of a board disciplining a licensee under this section is public information.
(D) Upon a determination by a board that discipline is not appropriate, the board may issue a nondisciplinary letter of caution.
(E) A board may establish a procedure to allow a licensee who has been issued a public reprimand to petition the board for expungement of the reprimand from the licensee's record.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-130. Board's authority to sanction.

A board may deny an authorization to practice to an applicant who has committed an act that would be grounds for disciplinary action under this article or the licensing act of the respective board. A board must deny authorization to practice to an applicant who has failed to demonstrate the qualifications or standards for licensure contained in the respective board's licensing act. The applicant shall demonstrate to the satisfaction of the board that the applicant meets all the requirements for the issuance of a license.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-140. Prior criminal convictions of applicants.

(A)(1) A professional or occupational board may not deny a license to an applicant solely because of a prior criminal conviction, unless the criminal conviction directly relates to the duties, responsibilities, or fitness of the occupation or profession for which the applicant is seeking a license.
(2) Notwithstanding any other provision in a professional or occupational licensing practice act regulated by this chapter, professional and occupational boards are prohibited from using vague or generic terms including, but not limited to, "moral turpitude" or "good character", and from considering charges that have been dismissed, nol prossed, or adjudicated with a finding of not guilty as a justification for denying an applicant a license.
(B) An applicant who has submitted a completed licensing application may not be denied a license because of the applicant's prior criminal conviction, unless the applicable professional or occupational licensing board has given the applicant an opportunity to appear at an application hearing to determine the applicant's fitness for the occupation or profession. The application hearing must be scheduled for the next available application hearing date for that board.
(C) If a board denies an applicant's license solely or in part because of the applicant's prior criminal history, then the board must issue a written final order within thirty days following the date of the application hearing. The written order shall include:
(1) the grounds for the denial; and
(2) that the final order is appealable to the Administrative Law Court pursuant to Chapter 23, Title 1.
HISTORY: 1996 Act No. 453, Section 2; 2023 Act No. 13 (H.3605), Section 4, eff May 8, 2023.
Editor's Note
2023 Act No. 13, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Earn and Learn Act of 2023'."
Effect of Amendment
2023 Act No. 13, Section 4, rewrote the section, prohibiting the denial of a license based solely or in part on a prior criminal conviction in certain circumstances.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-150. Voluntary surrender of authorization to practice.

A licensee who is under investigation for a violation provided for in Section 40-1-110 or the licensing act of the applicable board for which disciplinary action may be taken may voluntarily surrender authorization to practice to the board. The voluntary surrender invalidates the authorization to practice at the time of its relinquishment, and no person whose authorization to practice is surrendered voluntarily may practice the profession or occupation unless the board, by a majority vote, reinstates the license. A person practicing a regulated profession or occupation during the period of voluntary surrender is considered an illegal practitioner and is subject to the penalties provided by this article. The surrender of an authorization to practice may not be considered an admission of guilt in a proceeding under this article and does not preclude the board from taking disciplinary action against the licensee as provided for in this article or the board's licensing act including, but not limited to, imposing conditions that must be met before the board reinstates the license.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-160. Appeal.

A person aggrieved by a final action of a board may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the board's decision pending completion of the appellate process.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-170. Costs of investigation and prosecution.

(A) In an order issued in resolution of a disciplinary proceeding before a board, a licensee found in violation of the applicable licensing act may be directed to pay a sum not to exceed the reasonable costs of the investigation and prosecution of the case in addition to other sanctions.
(B) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the director, or the director's designee, is prima facie evidence of reasonable costs.
(C) Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Section 40-1-180.
(D) The board may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the board within that one-year period for the unpaid costs.
(E) This section does not apply to a regulated profession or occupation if a specific provision in the applicable licensing act provides for recovery of costs in an administrative disciplinary proceeding.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-180. Failure to pay costs or fines; remittance of funds collected.

(A) All costs and fines imposed pursuant to this article and the respective boards' licensing acts are due and payable immediately upon imposition or at the time indicated by final order of the board. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the board may collect costs and attorneys' fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.
(B) All fines and costs collected under this section must be remitted by the department to the State Treasurer and deposited in a special fund established for the department to defray the administrative costs associated with investigations and hearings under this article.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-190. Privileged communications.

(A) A communication, whether oral or written, made by or on behalf of a person, to the director or board or a person designated by the director or board to investigate or hear matters relating to discipline of a licensee, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(B) Nothing in this article may be construed as prohibiting the respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process under the law or as prohibiting the respondent from normal access to the charges and evidence filed against the respondent as part of due process under the law.
(C) Notwithstanding the provisions of this section, a final order of a board disciplining a licensee is public information as provided for in Section 40-1-120.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-200. Unlawful practice.

A person who practices or offers to practice a regulated profession or occupation in this State in violation of this article 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 fifty thousand dollars.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-210. Civil proceedings before Administrative Law Court.

The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this article, a regulation promulgated under this article, or an order of the board. For each violation the administrative law judge may impose a fine of no more than ten thousand dollars.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-220. Severability.

If a provision of this article or the application of a provision of this article to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this statute which can be given effect without the invalid provision or application, and to this end the provisions of this statute are severable.
HISTORY: 1996 Act No. 453, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-610. Continuing education exemption.

A person whose profession or occupation is regulated by this title is exempt from completing continuing education requirements for his profession or occupation while serving on active military duty.
HISTORY: 2013 Act No. 45, Section 3, eff June 7, 2013.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-620. License fee exemption.

A person whose profession or occupation is regulated by this title may not be assessed, and is exempt from being required to pay, a license fee for his profession or occupation for a calendar year in which he serves any period of active military duty.
HISTORY: 2013 Act No. 45, Section 3, eff June 7, 2013.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-630. Temporary professional licenses; application.

(A) A board or commission that regulates the licensure of a profession or occupation under Title 40 shall issue a temporary professional license for a profession or occupation it regulates to the spouse of an active duty member of the United States Armed Forces if the member is assigned to a duty station in this State pursuant to the official active duty military orders of the member. Nothing in this section should be construed as requiring a board or commission to grant licensure to the spouse of an active duty member of the United States Armed Forces absent evidence that all state law requirements for licensure have been met.
(B)(1) A person seeking a temporary professional license under subsection (A) shall submit an application to the board or commission from which it is seeking the temporary license on forms the board or commission shall create and provide. In addition to general personal information about the applicant, the application must include proof that the:
(a) applicant is married to a member of the United States Armed Forces who is on active duty;
(b) applicant holds a valid license issued by another state, the District of Columbia, a possession or territory of the United States, or a foreign jurisdiction for the profession for which temporary licensure is sought;
(c) applicant holds the license in subitem (b) in "good standing" as evidenced by a certificate of good standing from the state, possession or territory of the United States, or foreign jurisdiction that issued the license;
(d)(i) applicant submitted at his expense to a fingerprint-based background check conducted by the State Law Enforcement Division to determine if the applicant has a criminal history in this State and a fingerprint-based background check conducted by the Federal Bureau of Investigation to determine if the person has other criminal history, and the official results of these checks must be provided to the board or commission to which application for temporary licensure is made; and
(ii) the provisions of this subitem only apply if a similar background check is required to obtain ordinary licensure in the profession or occupation for which temporary licensure is sought by the applicant; and
(e) spouse of the applicant is assigned to a duty station in this State pursuant to the official active duty military orders of the member.
(C) A temporary license issued under this section expires one year from the date of issue and may not be renewed.
HISTORY: 2013 Act No. 45, Section 3, eff June 7, 2013; 2020 Act No. 139 (S.455), Section 3, eff May 26, 2020.
Editor's Note
2020 Act No. 139, Section 1, provides as follows:
"SECTION 1. This act must be known and may be cited as the 'Armed Services Members and Spouses Professional and Occupational Licensing Act'."
Effect of Amendment
2020 Act No. 139, Section 3, in (A), in the first sentence, substituted "shall issue" for "may issue", and added the second sentence.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 1 - Professions And Occupations › Section 40-1-640. Consideration of education, training, and experience completed by an individual as a member of the military.

(A) A professional or occupational board or commission governed by this title shall accept the education, training, and experience completed by an individual as a member of the Armed Forces or Reserves of the United States, National Guard of any state, the Military Reserves of any state, or the Naval Militias of any state and apply this education, training, and experience in the manner most favorable toward satisfying the qualifications for issuance of the requested license or certification or approval for license examination in this State, subject to the receipt of evidence considered satisfactory by the board or commission.
(B) Nothing in this section may be construed to require the issuance of a license or certificate to an applicant who does not otherwise meet the stated eligibility standards, criteria, qualifications, or requirements for licensure, or certification, nor may the provisions be construed to automatically allow issuance of any license or certificate without testing or examination, without proper consideration by the licensing and examination board, or without proper verification that the applicant is not subject to pending criminal charges or disciplinary actions, has not been convicted of any offense prohibiting licensure or certification, and has no other impairment that would prohibit licensure or certification in this State.
HISTORY: 2013 Act No. 45, Section 3, eff June 7, 2013; 2020 Act No. 139 (S.455), Section 4, eff May 26, 2020.
Editor's Note
2020 Act No. 139, Section 1, provides as follows:
"SECTION 1. This act must be known and may be cited as the 'Armed Services Members and Spouses Professional and Occupational Licensing Act'."
Effect of Amendment
2020 Act No. 139, Section 4, in (A), substituted "shall accept the education" for "may accept the education".