Title 40, Professions and Occupations

(A) Claims made against the fund pursuant to Section 40-6-340, must be heard by the commission and if ordered, must be paid in accordance with Section 40-6-360. Subject to commission approval, a claim may be compromised; however, the commission is not bound by the compromise or a…

Payments from the fund are limited as follows: (1) Only the claimant's actual damages may be paid from the fund. No claimant may recover punitive, special, or consequential damages or attorney's fees. (2) The fund is not liable for more than ten thousand dollars for each transact…

This chapter applies to all auctions held in this State except: (1) auctions conducted by the owner of all of the goods being offered unless the owner's regular course of business includes engaging in the sale of goods or real estate by means of auction or unless the owner origin…

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…

(A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the commission in accordance with Section 40-1-50. (B) The commission is the sole l…

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

If the Director of the Department of Labor, Licensing and Regulation or the commission has reason to believe that an individual or firm has become unfit to engage in the conducting of auctions or has violated a provision of this chapter or a regulation promulgated under this chap…

For the purpose of an investigation or proceeding under this chapter, the commission or its designated agent may administer oaths and upon its own motion or upon request of any party, shall subpoena witnesses, compel their attendance, take evidence, and require the production of …

Any hearing that is conducted as a result of an investigation must be conducted in accordance with Section 40-1-90.

The State Board of Barber Examiners is established and consists of five members appointed by the Governor with the advice and consent of the Senate for terms of four years and until successors are appointed and qualify. Four members must be licensed barbers who have been engaged …

In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a…

The board may take disciplinary action against a barber permittee or licensee as provided for in Section 40-1-110 and based upon grounds enumerated in that section.

The board has jurisdiction over the actions of licensees and permittees and former licensees and permittees as provided for in Section 40-1-115.

In addition to the sanctions the board may impose against a person pursuant to Section 40-1-110, the board also may take disciplinary action against a person as provided for in Section 40-1-120.

As provided for in Section 40-1-130, the board may deny a permit or licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee or permittee.

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

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

A person aggrieved by a final action 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 and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.

As used in this chapter: (1) "Practice of barbering" means any one or a combination of: (a) shaving or trimming a beard, cutting the hair, or hairstyling; (b) giving facial or scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or mechan…

A person who practices or offers to practice barbering in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined …

The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.

(A) The board shall issue a license to practice as a barber assistant to a person who: (1) is at least sixteen years of age; (2) has passed a physical examination prescribed by the Department of Health and Environmental Control; (3) has been issued a student permit and completed …

(A) An applicant for an examination shall apply to the board on forms approved and furnished by the board, and the application shall contain proof under the applicant's oath of the particular qualifications of the applicant. The applicant shall submit the required fee with the ap…

(A) A person who is licensed as a master haircare specialist on May 13, 1986, may have this license renewed annually upon payment of the required license fee. (B) A registered barber or a registered apprentice whose certificate of registration has expired may have the certificate…

(A) Only those individuals who are licensed to practice barbering or cosmetology or who are registered to practice hair braiding in this State may engage in the practice of hair braiding or perform hair braiding services in this State. (B) All implements used in connection with h…

No person may use chemicals to wave, relax, straighten, or bleach the hair in a barber shop unless a license as a master haircare specialist has been issued to the person by the board.

A registered barber who has used chemicals to wave, relax, straighten, or bleach the hair before July 1, 1985, may receive a temporary master haircare specialist license without the examination required in Section 40-7-230(D)(2) by notifying the board and certifying sixty hours o…

No person may give shampoos or manicures in a barber shop unless a license as a barber assistant has been issued to him by the Board of Barber Examiners.

Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of this title may practice, within the scope authorized by the person's license, in a barbershop registered in…

(A) A barber training a student in a shop must have had three years' experience as a registered barber and must have been examined by the board and determined to be qualified to train a student barber. A barber found qualified after examination must be issued an instructor's lice…

No person may engage in the practice of barbering unless the person is licensed in accordance with this chapter.

A person who has practiced barbering in another state or country which has licensing requirements which meet or exceed the requirements of this chapter, as determined by the board, and who moves into this State, before practicing barbering in South Carolina shall submit to the bo…

A holder of a certificate of registration for any category of barbering authorized by this chapter shall display in a conspicuous place adjacent to or near the person's work chair.

(A) A barbershop must be registered with the board. Applications for registration and inspection of new shops must be made at least fifteen working days before opening the shop. No new shop may be operated until all fees are paid and the shop has passed inspection. (B) A copy of …

A member of the board or the board's agents, assistants, and inspectors may enter upon and inspect a barbershop or barber school at any time during business hours in the performance of the duties conferred or imposed by this chapter.

(A) Notwithstanding any other provision of this chapter, the board may issue special certificates of registration as an apprentice barber to an inmate in the custody of the State Department of Corrections who: (1) complies with Section 40-7-230(B), having completed the required n…

(A) A license is required from the board to operate a barber school. A barber school may be operated in and as part of an accredited high school, career center, or technical school or college and must be licensed by the board. A barber school that is not part of a secondary schoo…

(A) As used in this section: (1) "Mobile barbershop" means a self-contained unit in which the practice of barbering is conducted, which may be moved, towed, or transported from one location to another. A "mobile barbershop" includes a portable barber operation. (2) "Portable barb…

This chapter does not apply to a person who performs the service of a barber for members of the person's immediate family.

No registered apprentice, registered under the provisions of this chapter, may operate a barbershop in this State.

It is unlawful for a member, inspector, or employee of the board to own an interest in a barber college or a company which deals in sales or services to barbershops.

These persons are exempt from this chapter while engaged in the proper discharge of their professional duties: (1) persons authorized under the laws of this State to practice medicine and surgery; (2) commissioned medical or surgical officers of the United States Army, Navy, or M…

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…