Title 40, Professions and Occupations

The board may take disciplinary action against a person as provided for in Section 40-1-120.

As provided for in Section 40-1-130, the board may deny a license, certification, or registration to an applicant based on the same grounds for which the board may take disciplinary action against a licensee. (1) The department may refuse to issue a license or registration to any…

A license may be denied based upon a person's prior criminal record only as provided for in Section 40-1-140.

A license under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

A person aggrieved by a final decision of the board may seek review of the decision in accordance with Section 40-1-160.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

All costs, fees, and fines provided for in this chapter, except examination fees, must be paid to and collected by the department in accordance with and subject to the collection and enforcement provisions of Section 40-1-180.

In addition to Section 40-1-190, investigations and proceedings conducted under the provisions of this chapter may be, in the board's discretion, confidential and all communications may be privileged against disclosure in appropriate situations, as determined by the board.

As used in this chapter: (1) "Administrative personnel" means an individual who performs daily office functions for the management of an alarm business. (2) "Alarm business" means an entity that is licensed by the South Carolina Contractor's Licensing Board to engage in the burgl…

(A) An entity or individual who contracts or offers to contract in this State without a license issued pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than five thousand dollars. (B) Charges und…

In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.

An alarm business or contractor as defined in this chapter, or an alarm business call center, must not be fined or assessed a penalty by a local government for false alarms which are not attributed to improper installation, defective equipment, or operational error by the alarm b…

(A) The following branch office requirements apply: (1) The department shall issue a certificate to each branch burglar alarm office. This certificate authorizes the branch office to conduct business under the name of the licensed entity. The department may create the certificate…

(A) An entity desiring to carry on or engage in an alarm system business shall submit an application to the Department of Labor, Licensing and Regulation. The owner, partners, or president, as appropriate, must sign the application. The primary qualifying party must also sign the…

(A) A licensee shall apply to the department for license renewal every two years before the license expiration date on a form prescribed by the board. Renewal applications not postmarked by the expiration date result in a lapsed license. An entity which fails to renew and which c…

(A) Alarm business employees are not required to obtain a Certificate of Comprehensive General Liability Insurance unless required by regulation. (B) No alarm license may be issued unless the applicant files with the department evidence of a policy of comprehensive general liabil…

(A) The board may grant a license or certificate to an applicant holding a license in good standing in another state or jurisdiction whose requirements for licensure are equal to or greater than those set forth in this chapter as determined by the board. (B) Applicants for recipr…

(A) No licensee may conduct an alarm business under a name other than the name that appears on the license. (B) Any licensed alarm business may be a subcontractor to another licensed alarm business who has the contract with a client to engage in alarm work. (C) No license, certif…

(A) Building officials have a duty to refuse to issue a permit to an unlicensed person for work requiring licensure. It is the duty of a building official, or other authority charged with the duty of issuing building or other similar permits, of any county, incorporated municipal…

Any alarm business that does not have a valid license, as required by this chapter, may not bring any action either at law or in equity to enforce the provisions of any contract entered into in violation of this chapter.

It is unlawful for a person to practice in the alarm system business in this State without being licensed in accordance with this chapter.

(A) A licensee who, voluntarily or involuntarily, is subjected to any provision of the laws of bankruptcy, shall notify the board within fifteen days and provide any and all pertinent information as the board may require. (B) Where a licensee's business is dissolved, for whatever…

The provisions of this chapter do not apply to: (1) an entity that designs, sells, manufactures, or distributes alarm systems or products unless the entity sells, markets, services, or installs alarm systems at a client's residence or business; (2) an entity that owns and install…

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end th…

Board members from the general public may be nominated by an individual, group or association, and must be appointed by the Governor in accordance with Section 40-1-45.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the regulation of the alarm system business industry by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, …

The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50. (1) All license fees must be submitted to the departmen…

The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.

In addition to the powers and duties provided in Section 40-1-70, the board may: (1) establish a time limit beyond which an initial complaint may not be considered; (2) order remedial action to be taken by an entity or individual found in violation of this chapter or a regulation…

The South Carolina Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.

The results of an investigation may be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.