reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 4 - UNEMPLOYMENT INSURANCE › Section 47-101 - Substandard Performance Due to Inefficiency, Inability, or Incapacity

Current through Register Vol. 48, No. 6, June 28, 2024
Under South Carolina Code Section
				41-35-120(2),
				a discharge resulting from substandard performance due to inefficiency,
				inability, or incapacity shall not serve as a basis for disqualification of
				unemployment insurance benefits. "Substandard performance due to inefficiency,
				inability or incapacity" describes a claimant's failure to perform to the
				satisfaction of the employer where such failure was beyond the claimant's
				control, had no harmful intent or was a good faith error in judgment or
				discretion.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 4 - UNEMPLOYMENT INSURANCE › Section 47-103 - Waiver of Non-Fraudulent or No-Fault Overpayment

Current through Register Vol. 48, No. 6, June 28, 2024
Pursuant to South Carolina Code Annotated Section
				41-41-40(B)(2),
				the Department may waive repayment of overpayments if the overpayment was not
				due to fraud, misrepresentation, or willful dislcosure, was received without
				fault on the part of the claimant, and recovery of the overpayment would be
				contrary to equity and good conscience.
1. WAIVER
a.
			 When an overpayment determination is issued, a claimant may request a
			 waiver.
b. A request for waiver by
			 an individual shall be in writing and set forth the grounds for
			 waiver.
c. The Department's denial
			 of a request for waiver of the repayment of an overpayment is an appealable
			 decision.
d. When a waiver of an
			 overpayment has become final, it shall not be re-determined in the absence of
			 fraud, misrepresentation, or willful nondisclosure by the claimant relating to
			 the waiver.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 4 - UNEMPLOYMENT INSURANCE › Section 47-104 - Work Search

Current through Register Vol. 48, No. 6, June 28, 2024
A. Section
			 41-35-110(3)
			 provides that a claimant is eligible to receive benefits with respect to a week
			 only if the Department finds the claimant engaged in an active search for work.
			 Absent good cause, an active search for work during a week must include at
			 least two (2) job searches conducted through the South Carolina Works Online
			 System (SCWOS), so that the search can be electronically verified.
B. The Department may waive the requirement
			 to perform at least two (2) weekly job searches through SCWOS for good cause.
			 Good cause includes, but is not limited to, verifiable electronic access and/or
			 language barriers, and is determined by the Department on a case by case
			 basis.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 5 - UNEMPLOYMENT TRUST FUND › Section 47-500 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(1) "Department"
			 means the South Carolina Department of Employment and Workforce.
(2) "Fund adequacy target" means an average
			 high-cost multiple of one. See S.C. Code Ann. §
								41-31-45(A)(5).
(3) "Solvency surcharge" is a surcharge
			 imposed on contributory employers in each year the unemployment trust fund is
			 solvent but the trust fund reserve does not meet the fund adequacy
			 target.
(4) "Fiscal year" begins on
			 July first of each year and ends on June thirtieth of the succeeding
			 year.
(5) "Tax year" begins on
			 January first of each year and ends on December thirty-first of each
			 year.
(6) "Trust fund reserve"
			 means the unemployment compensation fund, excluding distributions from the
			 federal government, pursuant to
			 42 U.S.C.
			 1103, commonly referred to as the Reed Act.
			 See S.C. Code Ann. §
								41-31-45(A)(6)
			 and §
								41-33-10.
(7) "Cap" is the greater amount of either:
(1) the actual benefits paid in the prior
			 fiscal year or
(2) the projected
			 benefits for the next tax year.
South Carolina Code of Regulations › Chapter 47 - DEPARTMENT OF EMPLOYMENT AND WORKFORCE › Article 5 - UNEMPLOYMENT TRUST FUND › Section 47-501 - Unemployment Trust Fund Solvency

Current through Register Vol. 48, No. 6, June 28, 2024
Pursuant to South Carolina Code Annotated Section
				41-31-45(C)
				 and Section
				41-31-50(1)(b),
				the Department must annually calculate the income necessary to pay benefits and
				reach the fund adequacy target for the unemployment trust fund. The Department
				determines the total income needed as follows:
(1) Projected benefits will be determined for
			 the next tax year in consultation with the United States Department of Labor
			 and with annual data provided by the Congressional Budget Office, subject to
			 subsection (2).
(2) The income
			 needed to pay benefits and return the unemployment trust fund to the fund
			 adequacy target may also include a solvency surcharge. A solvency surcharge
			 shall be in effect for each tax year that the trust fund reserve is less than
			 the fund adequacy target, as of June 30th, subject
			 to 47-501(2)(a). The aggregate amount of the solvency surcharge will be
			 determined for each tax year to be the amount calculated to return the
			 unemployment trust fund to the fund adequacy target within five years subject
			 to the following:
(a) When actual benefits
			 paid in the prior fiscal year are greater than the actual tax collections
			 received in the prior fiscal year, then the cap, as defined in 47-500(7), is
			 triggered. For the purpose of this section, tax collections shall exclude all
			 penalties, interests, contingency surcharges, and recording fees. Once the cap
			 is triggered then:
(i) If projected benefits
			 for the next year are less than the cap, then the solvency surcharge shall be
			 the difference between the cap and the projected benefits.
(ii) If projected benefits for the next tax
			 year are equal to the cap, then no additional solvency surcharge will be added
			 for the next tax year.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 49-100 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definitions
			 found in Section
			 40-22-20
			 of the Code of Laws of South Carolina apply to this Chapter.
B. The following definitions are terms used
			 in this Chapter in addition to those included in Section
			 40-22-20
			 of the Code of Laws of South Carolina:
(1)
			 "CEAB" means the Canadian Engineering Accreditation Board.
(2) "Comity Licensure" means the courteous
			 recognition and extension of license privileges in this State to engineers and
			 surveyors licensed in other states.
(3) "Dual License Holder" means a person who
			 is licensed as an engineer and a surveyor.
(4) "Model Law Engineer" refers to a person
			 who meets the following criteria:
(a)
			 Graduation from an engineering program accredited by the Engineering
			 Accreditation Commission of the Accreditation Board for Engineering and
			 Technology (EAC/ABET).
(b) Four
			 years of qualifying experience after graduation.
(c) Passing of a NCEES Fundamentals of
			 Engineering Examination (FE).
(d)
			 Passing of a NCEES Principles and Practice of Engineering Examination
			 (PE).
(e) Status in good standing
			 as a registrant in the NCEES Records Program, and
(f) A record clear on any license violations
			 or sanctions by an engineering board.
(5) "NCEES" means the National Council of
			 Examiners for Engineering and Surveying.
(6) "Washington Accord" refers to an
			 international agreement providing for the mutual recognition of engineering
			 education program accreditation by and between EAC/ABET and engineering
			 education accrediting bodies of other nations holding membership in the
			 Washington Accord.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 49-101 - Board Rules of Order/Procedures and Seal of Board

Current through Register Vol. 48, No. 6, June 28, 2024
A. Rules of Order/Procedures. All proceedings
			 of the Board shall be governed by provisions set forth in the Administrative
			 Procedures Act.
B. Description of
			 Seal of Board. The seal of the Board shall be circular in form and 1 7/8 inches
			 in diameter. Concentric with the outside of the Seal there shall be a circle 1
			 1/4 inches in diameter, within which there shall be a replica of the device
			 used on the Seal of the State of South Carolina, and in the annular space
			 between the circle and the outside of the Seal there shall appear the words
			 "State Board of Registration for Professional Engineers and Surveyors." All
			 official papers, registration certificates, and other formal documents of the
			 Board shall bear the imprint of this Seal.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 49-102 - Use of Forms/Applications

Current through Register Vol. 48, No. 6, June 28, 2024
A. Forms.
(1) All applications for engineering and
			 surveying licensure and certificate of authorization shall be made on a form
			 provided by the Board, and no applications made otherwise will be
			 accepted.
(2) Applications not
			 completed in accordance with the applicable instructions will be returned to
			 the applicant. Withholding information, misrepresentation, or untrue statements
			 will be cause for denial of application.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 49-103 - Fees

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Board may
			 charge fees as shown in South Carolina Code of Regulations Chapter 10-14 and on
			 the South Carolina Board of Registration for Professional Engineers and
			 Surveyors website at
https://llr.sc.gov/eng/fees.aspx
B. No fee, or any part thereof, paid by any
			 applicant for application, examination, licensure, and/or registration will be
			 refunded once an application has been submitted to the Board for processing.
			 Refunds will not be made.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 49-104 - Examinations-General

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Classifications-Engineering Examinations.
(1)
			 NCEES Fundamentals of Engineering (FE).
(2) NCEES Principles and Practice of
			 Engineering (PE).
(3) NCEES Special
			 Structural Engineering Examinations.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 49-105 - License Expiration, Renewal and Reinstatement-Individuals

Current through Register Vol. 48, No. 6, June 28, 2024
A. Expiration and
			 Renewal.
(1) The privilege to practice in any
			 category or tier as a registered professional engineer or surveyor in South
			 Carolina expires on June 30, biennially in even numbered years, unless the
			 license is renewed. Every Registered Professional Engineer and Surveyor who
			 elects to continue the practice of his profession shall complete and submit an
			 application for renewal of licensure and pay the appropriate fee by June
			 30.
(2) Renewal notices will be
			 mailed to the licensee's address on record with this Board in May each biennial
			 year; however, it is the licensee's responsibility to renew his or her license
			 prior to the official expiration date of June 30.
(3) A licensee whose license has been lapsed
			 for three months or less and who can truthfully certify that he or she has not
			 been engaged in the practice of engineering or surveying in South Carolina
			 during the period the certificate was not in a current status, barring any
			 other irregularities, shall be renewed and retain the original license number
			 upon payment of the renewal fees and penalties.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 49-106 - COA Expiration, Renewal and Reinstatement-Firms

Current through Register Vol. 48, No. 6, June 28, 2024
A. Expiration and Renewal.
(1) Certificates of Authorization must be
			 renewed biennially to remain in effect. Unless renewed a Certificate of
			 Authorization shall expire biennially on March 31 of odd numbered years. A firm
			 whose certificate has expired may not offer or engage in engineering or
			 surveying services until the Certificate of Authorization has been renewed or
			 until a new certificate has been issued.
(2) Renewal notices will be mailed to the
			 firm's address on record with this Board in January each biennial year;
			 however, it is the firm's responsibility to renew its license prior to the
			 official expiration date of March 31.
(3) The completed renewal form signed and
			 sworn to by the applicant must be filed with the Board office on or before
			 March 31 of each odd numbered year.
(4) A Certificate of Authorization will
			 become invalid upon a failure to renew by April 1 of the biennial renewal year.
			 The Certificate may be renewed by the Board at any time during the following
			 three months on payment of the biennial renewal fee plus late penalty. The
			 penalties are computed in the same manner as prescribed for individual
			 licensees who fail to renew.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 2 - GENERAL PROVISIONS › Section 49-200 - Professional Engineer Licensure Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Education Requirements.
(1) The Board will recognize the degrees of
			 Master of Engineering or Master of Science in Engineering in a program
			 accredited by EAC/ABET at either the baccalaureate or master's level as
			 fulfilling the education requirements in satisfaction of the qualifications
			 detailed in Section
			 40-22-220.
(2) The Board will recognize degrees from an
			 engineering program evaluated as accredited by a foreign accreditation board or
			 other authority recognized by ABET as having accreditation criteria
			 substantially equivalent as that established by EAC/ABET. Engineering degree
			 programs in this category include the following:
(a) Four-year engineering degree accredited
			 by the Canadian Engineering Accreditation Board (CEAB).
(b) Four-year engineering degree from an
			 accredited program in other countries listed in the ABET published "Washington
			 Accord" document.
(c) Courses taken
			 for credit and appearing on official college or university transcripts must be
			 evaluated by a Board approved Education Consultant or NCEES Credentials
			 Evaluations. The purpose of such evaluations shall be to determine whether or
			 not the curriculum presented by the applicant complies substantially with
			 accreditation criteria of EAC/ABET. Programs determined by the Board, based
			 upon the evaluations, to be substantially equivalent to those accredited by
			 EAC/ABET will be considered as fulfilling the education
			 requirements.
(3) In
			 addition to transcripts submitted for evaluation by the Education Consultant or
			 NCEES, an applicant shall have the academic institution furnish the Board such
			 supporting documentation as necessary for a proper and sufficient
			 evaluation.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 2 - GENERAL PROVISIONS › Section 49-201 - Professional Land Surveyor Licensure Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Qualifying Experience and Documentation
(1) Experience must be obtained under the supervision of a registered professional surveyor and must be of a character satisfactory to the Board.
(2) Qualifying experience approved by the Board is experience beyond elementary surveying duties such as rodman and other unskilled tasks. In order for work to be considered as qualifying experience, an advanced level of responsibility must have been placed on the applicant. Responsibility should involve mature judgment and expertise gained in such job assignments as instrument man, assistant crew chief or crew chief. Work claimed as qualifying experience should demonstrate a sound working knowledge of surveying with respect to research (records and field), instrumentation, note-keeping and data management, calculations and mapping.
(3) An experience record in boundary and route surveying, topographical surveying, construction surveying, control/geodetic surveying, and rights-of-way surveying is beneficial to the applicant in the Board's evaluation of the application. Recognizing that boundary surveys are the types of surveys which more critically affect the public welfare, experience in boundary surveys should constitute a significant portion of the applicant's experience record and will be given more weight by the Board in considering an applicant's qualifications for licensure.
(4) An applicant must submit copies of three different maps and plats of land surveys on which he has worked. The documents must be signed by the professional land surveyor who supervised the work and contain a statement describing that part of the work done by the applicant. Submitted plats and maps must meet the requirements of the Standards of Practice Manual for Surveying in South Carolina, Chapter 49, Article 4, of the Code of Regulations, in effect at the time of licensure.
(5) An applicant must submit five references as to the applicant's character and quality of work, three or more must be registered land surveyors having personal knowledge of the applicant's qualifications.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 2 - GENERAL PROVISIONS › Section 49-202 - Classifications and Scopes of Authority: Engineers and Surveyors

Current through Register Vol. 48, No. 6, June 28, 2024
A. Professional
			 Engineer.
(1) A professional engineer who by
			 reason of his special knowledge of the mathematical and physical sciences and
			 the principles and methods of engineering analysis and design, acquired by
			 professional education and practice experience, is qualified to practice
			 engineering as defined in Section
			 40-22-20
			 of the Practice Act, all as attested by his legal license and registration as a
			 professional engineer in this State.
(2) The professional engineer license holder
			 is entitled to the unrestricted practice of engineering as described in Section
			 40-22-20
			 of the Practice Act.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 2 - GENERAL PROVISIONS › Section 49-203 - Licensure by Comity

Current through Register Vol. 48, No. 6, June 28, 2024
A. Professional
			 Engineer.
(1) An application will be
			 considered for licensure by comity from an applicant who is appropriately
			 licensed in another jurisdiction and has not been previously licensed in this
			 State.
(2) Any applicant holding a
			 valid license to practice engineering issued by a proper authority of a
			 jurisdiction or possession of the United States, based on requirements not less
			 than those specified by the applicable licensure act in effect in the State of
			 South Carolina at the time such other license was issued, may, upon receipt of
			 the proper documents and payment of the fee established by the Board, be
			 considered for licensure without further written examination.
(3) A Model Law Engineer applicant may be
			 licensed as a Professional Engineer by making application on the prescribed
			 form and having the NCEES Council Record sent to the Board. To be considered,
			 the Council Record must be submitted directly to the Board by NCEES. Upon
			 receipt of the proper documents and payment of the fee established by the
			 Board, a Model Law Engineer applicant may be licensed as a Professional
			 Engineer upon further review.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 2 - GENERAL PROVISIONS › Section 49-205 - Firm Licensure

Current through Register Vol. 48, No. 6, June 28, 2024
A. For the
			 purpose of this regulation, a sole proprietorship is one in which the ownership
			 is held by a single individual who is duly licensed to practice engineering
			 and/or surveying in this State, where there is no stock ownership in the firm,
			 and where the practice name is identical to that in which the individual
			 licensure is held. A licensed engineer or surveyor, practicing in his own name
			 as a sole proprietorship is exempt from this section of the regulations. For
			 multiple firms practicing engineering or surveying as a joint venture for one
			 or more projects in this State, a Certificate of Authorization will be required
			 for each firm practicing within the joint venture.
B. Failure to notify the Board within thirty
			 (30) days of changes affecting the status of the firm's information shall be
			 grounds for sanctions up to and including revocation of the organization's
			 Certificate of Authorization. An engineer or surveyor on file with the Board as
			 being in full authority and responsible charge shall notify the Board of any
			 change in his employment.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 2 - GENERAL PROVISIONS › Section 49-207 - Seals: Individuals and Firms

Current through Register Vol. 48, No. 6, June 28, 2024
A. Description of Licensee's Seal.
(1) The seal of engineers and surveyors
			 licensed by the Board shall be at least 1 1/2 inches in diameter and similar to
			 that prescribed for the Board. In the center there shall appear the license
			 number of the licensee along with the words:
(a) "Registered Professional Engineer", for
			 engineers licensed prior to July 1, 2001.
(b) "Licensed Professional Engineer", for
			 engineers licensed after July 1, 2001.
(c) "Professional Engineer and Surveyor", for
			 engineers holding dual licenses.
(d) "Professional Land Surveyor", for TIER A
			 land boundary surveyors.
(e)
			 "Professional Photogrammetric Surveyor", for photogrammetric
			 surveyors.
(f) "Professional GIS
			 Surveyor", for geographic information systems surveyors.
(g) "Professional Land Surveyor-TIER B", for
			 TIER B land surveyors.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 3 - RULES OF PROFESSIONAL CONDUCT › Section 49-300 - Preamble

Current through Register Vol. 48, No. 6, June 28, 2024
A. In order to
			 safeguard the life, health, property and welfare of the public and to establish
			 and maintain a high standard of integrity, skills, and practice in the
			 profession of engineering and surveying, the following Rules of Professional
			 Conduct are promulgated in accordance with the Code of Laws of South Carolina
			 (1976, as amended), Title 40, Chapter 22, and shall be binding upon every
			 person holding a certificate of registration as a Professional Engineer or
			 Surveyor. Reference to engineer or surveyor in this Article shall mean any
			 engineer, surveyor, corporation, professional corporation, partnership or firm,
			 authorized to offer or perform engineering or surveying services in this
			 State.
B. The Rules of Professional
			 Conduct delineate specific obligations engineers and surveyors must meet. In
			 addition, each engineer and surveyor is charged with the responsibility of
			 adhering to standards of generally accepted ethical and moral conduct in all
			 aspects of the practice of professional engineering and surveying.
C. The Rules of Professional Conduct as
			 promulgated herein are an exercise of the police power vested in the South
			 Carolina State Board of Registration for Professional Engineers and Surveyors
			 by virtue of the acts of the legislature, and as such the South Carolina State
			 Board of Registration for Professional Engineers and Surveyors is authorized to
			 establish conduct, policy and practices in accordance with the powers herein
			 above stated.
D. All engineers and
			 surveyors registered under the Code of Laws of South Carolina (1976, as
			 amended), Title 40, Chapter 22, are charged with having knowledge of the
			 existence of these Rules of Professional Conduct, and shall be deemed to be
			 familiar with their several provisions and to understand them. Such knowledge
			 shall encompass the understanding that the practices of engineering and
			 surveying are privileges, as opposed to rights, and the registrants shall be
			 forthright and candid in their statements or written responses to the Board or
			 its representatives on matters pertaining to professional conduct.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 3 - RULES OF PROFESSIONAL CONDUCT › Section 49-301 - Responsibility to the Public

Current through Register Vol. 48, No. 6, June 28, 2024
The Engineer or Surveyor shall hold paramount the safety,
				health, and welfare of the public in the performance of their professional
				duties.
A. The Engineer or Surveyor
			 shall at all times recognize that their primary obligation is to protect the
			 safety, health, property and welfare of the public and shall conduct their
			 practice to fulfill this obligation.
B. If the judgment of the engineer or
			 surveyor is overruled under circumstances where the safety, health, and welfare
			 of the public are endangered, they shall inform their employer of the possible
			 consequences and notify other proper authority of the situation, as may be
			 appropriate.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 3 - RULES OF PROFESSIONAL CONDUCT › Section 49-302 - Competency for Assignments

Current through Register Vol. 48, No. 6, June 28, 2024
The Engineer or Surveyor shall perform services only in the
				areas of their competence.
A. The
			 Engineer or Surveyor shall undertake to perform engineering or surveying
			 assignments only when qualified by education or experience in the specific
			 technical field of professional engineering or surveying involved.
B. The Engineer or Surveyor may accept an
			 assignment requiring education or experience outside of their own field of
			 competence, but only to the extent that their services are restricted to those
			 phases of the project in which they are qualified. All other phases of such
			 projects shall be performed by qualified associates, consultants, or
			 employees.
C. The Engineer or
			 Surveyor shall not affix their signature and seal to any engineering or
			 surveying plan or document dealing with subject matter to which they lack
			 competence by virtue of education or experience, nor to any such plan or
			 document not prepared under their direct supervisory control.
D. In the event a question arises as to the
			 competence of an Engineer or Surveyor to perform an engineering or surveying
			 assignment in a specific technical field of engineering or surveying which
			 cannot be otherwise resolved to the Board's satisfaction, the Board, either
			 upon request of the Engineer or Surveyor or by its own volition, may require
			 them to submit to an appropriate examination as determined by the
			 Board.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 3 - RULES OF PROFESSIONAL CONDUCT › Section 49-303 - Public Statements

Current through Register Vol. 48, No. 6, June 28, 2024
The Engineer or Surveyor shall issue public statements only in
				an objective and truthful manner.
A.
			 The Engineer or Surveyor shall be completely objective and truthful in all
			 professional reports, statements, or testimony. He shall include all relevant
			 and pertinent information in such reports, statements, or testimony.
B. The Engineer or Surveyor shall express a
			 professional opinion only when it is founded upon adequate knowledge of the
			 facts in issue, upon a background of technical competence in the subject
			 matter, and upon honest conviction of the accuracy and propriety of their
			 statement.
C. The Engineer or
			 Surveyor will issue no statements, criticisms or arguments on engineering or
			 surveying matters connected with public policy which are inspired or paid for
			 by an interested party, or parties, unless they have prefaced their comment by
			 explicitly identifying themselves, by disclosing the identities of the party or
			 parties on whose behalf they are speaking, and by revealing the existence of
			 any interest they may have in the matters.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 3 - RULES OF PROFESSIONAL CONDUCT › Section 49-304 - Conflicts of Interest

Current through Register Vol. 48, No. 6, June 28, 2024
The Engineer or Surveyor shall avoid conflicts of
				interest.
A. The Engineer or Surveyor
			 shall conscientiously strive to avoid conflicts of interest with employer or
			 client, but when unavoidable, the Engineer or Surveyor shall forthwith disclose
			 the circumstances to their employer or client. In addition the Engineer or
			 Surveyor shall avoid all known conflicts of interest with their employer or
			 client and shall promptly inform their employer or client of any business
			 association, interests, or circumstances which could influence their judgment
			 or the quality of their service.
B.
			 The Engineer or Surveyor shall not accept compensation, financial or otherwise,
			 from more than one party for services on the same project at the same time, or
			 for services pertaining to the same project, unless the circumstances are fully
			 disclosed and agreed to, by all interested parties.
C. The Engineer or Surveyor shall not solicit
			 or accept financial or other valuable considerations from material or equipment
			 suppliers for specifying their projects.
D. The Engineer or Surveyor shall not solicit
			 or accept gratuities, directly or indirectly from contractors, their agents, or
			 other parties dealing with their client or employer in connection with work for
			 which they are responsible.
E. When
			 in public service as a member, advisor, or employee of a governmental body or
			 department, the Engineer or Surveyor shall not participate in considerations or
			 actions with respect to services provided by them or their organization in
			 private engineering or surveying practices.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 3 - RULES OF PROFESSIONAL CONDUCT › Section 49-305 - Solicitation of Work

Current through Register Vol. 48, No. 6, June 28, 2024
The Engineer or Surveyor shall solicit and accept work only on
				the basis of their qualifications.
A.
			 The Engineer or Surveyor shall not offer to pay, either directly or indirectly,
			 any commission, political contribution, or a gift, or other consideration in
			 order to secure work. It is not a violation of law to seek or secure salaried
			 positions through employment agencies.
B. The Engineer of Surveyor shall not falsify
			 or permit misrepresentation of their, or their associates' academic or
			 professional qualifications. They shall not misrepresent or exaggerate their
			 degree of responsibility in or for the subject matter of prior assignments.
			 Brochures or other presentations pertaining to the solicitation of employment
			 shall not misrepresent pertinent facts concerning employers, employees,
			 associates, joint ventures, or their past accomplishments with the intent and
			 purpose of enhancing their qualifications and work.
C. The Engineer or Surveyor shall not review
			 the work of another engineer or surveyor for the same client, except with the
			 knowledge of such engineer or surveyor, or unless the connection of such
			 engineer or surveyor with the work has been terminated.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 3 - RULES OF PROFESSIONAL CONDUCT › Section 49-306 - Improper Conduct

Current through Register Vol. 48, No. 6, June 28, 2024
The Engineer or Surveyor shall conduct their work with honesty
				and integrity.
A. The Engineer and
			 Surveyor shall not knowingly associate with or permit the use of their name or
			 organization's name in a business venture by any person or organization which
			 they know, or have reason to believe, is engaging in business or professional
			 practices of a fraudulent or dishonest nature.
B. If the Engineer or Surveyor has knowledge
			 or reason to believe that another person or organization may be in violation of
			 any of these provisions or of the Code of Laws of South Carolina (1976, as
			 amended), Title 40, Chapter 22, they shall present such information to the
			 Board in writing and shall cooperate with the Board in furnishing such further
			 information or assistance as may be required by the Board.
C. Engineering and surveying registrants
			 shall recognize and honor practice restrictions placed upon them by their
			 designated license category or practice tier.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 4 - STANDARDS OF PRACTICE MANUAL FOR SURVEYING IN SOUTH CAROLINA › Section 49-400 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
A. These
			 regulations are intended to establish minimum standards for the practice of
			 surveying in South Carolina.
(1) The
			 standards set forth are to promote uniform requirements for and accurate
			 surveys by surveyors practicing in South Carolina.
(2) The established guidelines will assist a
			 surveyor in meeting the needs of their clients so that surveyed properties
			 henceforth can be readily located, mapped and described in a definitive and
			 easily understood manner.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 4 - STANDARDS OF PRACTICE MANUAL FOR SURVEYING IN SOUTH CAROLINA › Section 49-410 - Compliance

Current through Register Vol. 48, No. 6, June 28, 2024
A. All Surveyors
			 shall comply with these regulations governing minimum standards for the
			 practice of surveying in South Carolina.
B. A surveyor who practices surveying in
			 South Carolina in violation of the minimum standards contained in this manual,
			 on complaint in writing, sworn to by the complainant and submitted to the Board
			 of Registration for Professional Engineers and Surveyors, shall be notified of
			 the complaint and afforded an opportunity to be heard before the
			 Board.
C. The repeated failure to
			 adhere to minimum standards for surveying as contained in this manual may be
			 considered as prima facie evidence of misconduct in the practice of surveying
			 on the part of a Surveyor.
D. The
			 Board will investigate information from Clerks of Court, clients, individuals,
			 and land owners if in the Board's opinion a surveyor appears to have performed
			 surveying which is not in compliance with this manual. When a surveyor
			 obligates themselves and contracts to survey real property in South Carolina by
			 virtue of the license granted them by this State, they accept the
			 responsibility to comply with minimum standards prescribed by this
			 manual.
E. The Board shall provide
			 for each Surveyor and for each Clerk of Court in this State a copy of the
			 Standards of Practice Manual for Surveying in South Carolina. Copies will be
			 made available, upon request, for other State officials and the general
			 public.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 4 - STANDARDS OF PRACTICE MANUAL FOR SURVEYING IN SOUTH CAROLINA › Section 49-420 - General

Current through Register Vol. 48, No. 6, June 28, 2024
A. For the purpose
			 of these regulations, the following terms or words are defined as meaning:
(1) The term "Board" shall mean the South
			 Carolina State Board of Registration for Professional Engineers and
			 Surveyors.
(2) The term "manual"
			 shall mean the Standards of Practice Manual for Surveying in South
			 Carolina.
(3) The term "minimum
			 standards" shall mean the standards of practice for surveying in South
			 Carolina.
(4) The term "surveyor"
			 shall mean a surveying practitioner duly registered by the Board for the
			 practice of surveying in the State of South Carolina.
(5) The terms "Clerk of Court", "Register of
			 Deeds" and "Register of Mesne Conveyance" shall refer to the office in the
			 county having responsibility for recording plats, maps and deeds.
(6) The term "seal" shall mean the raised
			 embossed seal, rubber stamp (wet seal) or computer-generated seal of the
			 Surveyor.
(7) The term "accurate"
			 shall mean that degree of accuracy consistent with the standards and tolerances
			 specified in this manual.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 4 - STANDARDS OF PRACTICE MANUAL FOR SURVEYING IN SOUTH CAROLINA › Section 49-440 - Classification of Surveys

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
			 accuracy of the measurements for a survey shall be based upon the character of
			 the land, the type of survey and the current use of the land. Unadjusted Ratio
			 of Precision permissible shall be no less than the errors of closure prescribed
			 below. In lieu of an Unadjusted Ratio of Precision, a Relative Positional
			 Accuracy may be used. Relative Positional Accuracy may be tested by:
(1) comparing the relative location of points
			 in a survey as measured by an independent survey of higher accuracy or
(2) the results of a minimally
			 constrained, correctly weighted least square adjustment of the
			 survey.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 4 - STANDARDS OF PRACTICE MANUAL FOR SURVEYING IN SOUTH CAROLINA › Section 49-450 - Plats and Platting

Current through Register Vol. 48, No. 6, June 28, 2024
A. A plat, as
			 defined by this manual, is an accurate graphical representation, properly
			 dimensioned, report of a survey made by a Surveyor of a finite piece of real
			 property, including pertinent data and appropriate information.
B. A survey requiring a plat should be
			 accurately presented and should reveal all of the pertinent information
			 developed by the survey.
C. Primary
			 reference materials which provide the basis for the establishment of the survey
			 boundaries shall be listed on the face of the plat.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 4 - STANDARDS OF PRACTICE MANUAL FOR SURVEYING IN SOUTH CAROLINA › Section 49-470 - Methods of Marking Property Boundaries

Current through Register Vol. 48, No. 6, June 28, 2024
A. Corner Tree: "X" and three (3) chops on
			 the sides where the line enters and leaves the tree.
B. Corner Witness Tree: One (l) blaze and
			 three (3) chops or three (3) chops facing the corner.
C. Side Line Tree: Two (2) chops facing the
			 property line.
D. Property Line
			 Tree or Center Line Tree: One (1) blaze and two (2) chops, at points where the
			 line enters and leaves the tree.
E.
			 Monuments shall be placed at all property corners where there is a change in
			 direction of a property line.
F.
			 Inaccessible Point: In the event a corner cannot be marked or monumented, one
			 or more witness monuments or metal stakes shall be placed on the boundary line
			 and described by bearings and/or distances so that the inaccessible point may
			 be located accurately on the ground.
G. Boundary Monument or Witness Monument: In
			 the event the location falls on pavement, concrete, or other material, it is
			 permissible to use spikes or scribes in or on the surface.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 4 - STANDARDS OF PRACTICE MANUAL FOR SURVEYING IN SOUTH CAROLINA › Section 49-480 - Land Descriptions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Land
			 Description: A land description is the detailed statement of appropriate
			 information necessary to locate, relocate, or define the boundaries of a
			 certain area or tract of land.
(1) A land
			 description can be part of a land survey and can be used in connection with the
			 preparation of deeds or similar documents.
(2) It is the surveyor's responsibility to
			 make certain that the surveyor's description is complete and proper. The fact
			 that some element or object which should be described is not included in the
			 above does not justify the surveyor's omitting it from the
			 description.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 4 - STANDARDS OF PRACTICE MANUAL FOR SURVEYING IN SOUTH CAROLINA › Section 49-490 - Instruments and Apparatus

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Surveyor's Instruments: Surveying in South Carolina shall be conducted in the
			 field with properly calibrated equipment appropriate for the tolerance of work
			 being performed. The equipment shall be tested at regular intervals and
			 adjusted to maintain its optimum accuracy.
B. Tapes: All tapes shall be of alloy or
			 carbon steel and shall be certified as USBS quality with a known coefficient of
			 temperature and tension corrections, and graduated in feet and decimal parts of
			 a foot or calibrated to another tape or means that has been certified by the
			 USBS or NGS.
C. Baselines:
			 Baselines have been established by NGS throughout the state for the purpose of
			 calibrating electronic distance measuring devices. Some of these baselines have
			 100' monuments to calibrate tapes. Surveyors shall utilize these baselines to
			 insure calibration of their electronic measuring equipment and tapes.
			 Calibration records for each instrument and tapes shall be maintained by the
			 Surveyor and shall be made available when required by the Board or the
			 courts.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-600 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
A. Professionals
			 licensed to practice engineering, surveying, or engineering and surveying in
			 South Carolina are required to demonstrate a continuing development of
			 professional competency.
B. Each
			 licensee shall meet the continuing professional competency requirements of
			 these regulations as a condition for biennial renewal of license.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-601 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Terms used in this section are defined as follows:
(1) Professional Development Hour (PDH) -A
			 contact hour (nominal) of instruction or presentation. The common denominator
			 for other units of credit.
(2)
			 Continuing Education Unit (CEU) -Unit of credit customarily used for continuing
			 education courses.
(3) College/Unit
			 Semester/Quarter Hour -Credit for courses in EAC/ABET approved programs or
			 other related college courses approved in accordance with provision 49-604 of
			 this section.
(4) Course/Activity
			 -Any qualifying course or activity with a clear purpose and objective which
			 will maintain, improve, or expand the skills and knowledge relevant to the
			 licensee's field of practice. Regular duties are not considered qualified
			 activities.
(5) Dual Licensee -A
			 person who is licensed as both an engineer and a surveyor.
South Carolina Code of Regulations › Chapter 49 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS › Article 6 - CONTINUING PROFESSIONAL COMPETENCY › Section 49-602 - Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each licensee is
			 required to obtain 30 PDH units during each biennial renewal period.
B. If a licensee exceeds the requirements in
			 any renewal period, a maximum of 15 PDH units may be carried forward into the
			 subsequent renewal period. If the licensee claims 15 PDH carry over units, the
			 previous renewal period will be subject to audit.
C. PDH units may be earned as follows:
(1) Successful completion of college
			 courses.
(2) Successful completion
			 of continuing education courses.
(3) Successful completion of short courses,
			 tutorials, webinars, and distance-education courses offered for documented
			 individual or group study. The method of delivery can be through the following:
(a) Face-to-face programs or live
			 internet-based programs; or
(b)
			 Archived prerecorded programs or archived correspondence programs.
(4) Teaching or instructing in (l)
			 through (3) above.
(5) Authoring
			 published papers, articles, or books.
(6) Active participation in professional or
			 technical societies.
(7) Successful
			 application for patents.