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South Carolina Statutes, Title 40

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Title 40, Professions and Occupations

62 chapters · 1,983 sections in this title.

All chapters in Title 401,983 Ch 47, Title 40, Chapter 47157 Ch 15, Title 40, Chapter 1573 Ch 75, Title 40, Chapter 7560 Ch 60, Title 40, Chapter 6059 Ch 81, Title 40, Chapter 8156 Ch 59, Title 40, Chapter 5955 Ch 33, Title 40, Chapter 3352 Ch 11, Title 40, Chapter 1150 Ch 45, Title 40, Chapter 4547 Ch 63, Title 40, Chapter 6347 Ch 67, Title 40, Chapter 6746 Ch 36, Title 40, Chapter 3645 Ch 69, Title 40, Chapter 6944 Ch 7, Title 40, Chapter 743

1,983 sections·Filtered byTitle 40✕

S.C. Code Ann. § 40-77-190 Confidentiality of proceedings; privileged communications
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Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
S.C. Code Ann. § 40-77-20 Definitions
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As used in this chapter: (1) "Board" means the State Board of Registration for Geologists. (2) "Geologist" means a person with special knowledge of the science of geology, hydrology, geophysics, and related earth sciences and principles and methods of geological analysis acquired…
S.C. Code Ann. § 40-77-200 Unlicensed practice of geology; submission of false information; penalty
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A person who engages in or offers to engage in the practice or public practice of geology in this State without being licensed or who knowingly submits false information for the purpose of obtaining a license is in violation of this chapter and is guilty of a misdemeanor and, upo…
S.C. Code Ann. § 40-77-210 Injunctive relief
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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.

S.C. Code Ann. § 40-77-230 Eligibility for registration; qualifications; certificate of registration

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(A) An applicant is eligible for registration as a registered professional geologist if the applicant: (1) graduated in an approved geologic curriculum of four or more years with a minimum of thirty semester hours or forty-five quarter hours in geology or geophysics from a school…

S.C. Code Ann. § 40-77-240 Establishment of fees; examinations

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(A) The board in regulation shall establish application, examination, reexamination, registration, and reregistration fees which must be paid at the time of each application or reapplication. (B) If the board denies the issuance of a certificate of registration to an applicant th…

S.C. Code Ann. § 40-77-250 Reexamination; continuing education authorized for license renewal

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(A) A candidate failing an examination may apply for reexamination at the next examination date and must be reexamined upon payment of the appropriate fee. (B) The board may require continuing education as a condition of license renewal.

S.C. Code Ann. § 40-77-260 University teaching and research considered work experience

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In considering the qualifications of applicants, full-time geologic teaching at the university level supported by research work may be considered as geologic work experience.

S.C. Code Ann. § 40-77-270 Registration eligibility of nonpracticing geologists

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A person having the necessary qualifications prescribed in this chapter is eligible for registration although the person may not be practicing the profession at the time of making application.

S.C. Code Ann. § 40-77-280 Persons licensed in other states or countries; reciprocity

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A person holding a license to practice geology, based on comparable licensing requirements by a state, territory, or possession of the United States, the District of Columbia, or of any foreign country and who, in the opinion of the board, otherwise meets the requirements of this…

S.C. Code Ann. § 40-77-290 Seal

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Upon registration, each registered professional geologist shall obtain a seal of the design authorized by the board, bearing his name, assigned serial number, and the title "registered professional geologist". All drawings, reports, or other geologic papers or documents involving…

S.C. Code Ann. § 40-77-30 Submission of evidence of qualification to practice; requirement to register

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(A) In order to safeguard life, health, and property and to promote the public welfare, a person engaged in the public practice of geology or offering to engage in the public practice of geology is required to submit evidence that he is qualified to practice and must be registere…

S.C. Code Ann. § 40-77-300 Reinstatement of expired or suspended certificate; replacement certificates

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The board may reinstate a certificate of registration to a person whose registration has expired or has been suspended if three or more members of the board vote in favor of reinstatement. A new certificate of registration to replace a certificate revoked, lost, destroyed, or mut…

S.C. Code Ann. § 40-77-310 Activities not subject to chapter

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This chapter does not prevent or affect the: (1) practice of another legally recognized profession or trade; (2) practice of a person not a resident of and having no established place of business in this State, practicing or offering to practice in this State the profession of ge…

S.C. Code Ann. § 40-77-320 Severability

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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…

S.C. Code Ann. § 40-77-5 Application of chapter; conflict of law

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Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to geologists regulated 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 provisions of this chapter c…

S.C. Code Ann. § 40-77-50 Provision of staffing, fiscal, and licensing operations and activities by Department of Labor, Licensing and Regulation

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The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.

S.C. Code Ann. § 40-77-60 Promulgation of rules and regulations; code of ethics

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The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. The board may establish by regulation a code of ethics binding on persons licensed under or subject to this chapter.

S.C. Code Ann. § 40-77-70 Seal

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In addition to those powers and duties provided for in this chapter and in Section 40-1-70, the board shall adopt an official seal.

S.C. Code Ann. § 40-77-80 Complaints and violations of chapter; investigation

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

S.C. Code Ann. § 40-77-90 Investigation results; procedures to conduct hearing

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

S.C. Code Ann. § 40-79-10 Act to be administered under South Carolina Contractors Licensing Board

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The Alarm System Business Act must be administered under the South Carolina Contractors Licensing Board which, in its authority over the alarm system industry, shall protect the health, safety, and welfare of the public through the regulation of businesses and individuals who ide…

S.C. Code Ann. § 40-79-100 Referral of reports of violations; administrative citations and penalties; appeals; cease and desist orders

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(A) The department may refer any reports of violations of this chapter and Article 1, Chapter 1 of this title or any reports of violations of regulations promulgated under this chapter directly to the board or may issue administrative citations and cease and desist orders in pers…

S.C. Code Ann. § 40-79-110 Grounds for disciplinary action; responsible entity or individual; civil penalties; return of canceled or revoked license; reapplication; completion of work in process; revocation or suspension effective; dissolution of business; revocation of individual license classification; unlicensed owner receiving bids prohibited

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(A) The board may impose disciplinary action authorized by this chapter and Section 40-1-110 or any regulation promulgated under this chapter, upon a licensee, branch office, qualifying party, or registered employee if found guilty of any of the following: (1) permitting an emplo…

S.C. Code Ann. § 40-79-115 Board jurisdiction

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

S.C. Code Ann. § 40-79-120 Disciplinary action by board

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

S.C. Code Ann. § 40-79-130 Grounds for denial of license

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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…

S.C. Code Ann. § 40-79-140 License denial based on prior criminal record

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

S.C. Code Ann. § 40-79-150 Voluntary surrender of license

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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.

S.C. Code Ann. § 40-79-160 Appeal

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

S.C. Code Ann. § 40-79-170 Payment of costs of investigation and prosecution

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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.

S.C. Code Ann. § 40-79-180 Collection of costs, fees, and fines

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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.

S.C. Code Ann. § 40-79-190 Investigations may be confidential and communications privileged

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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.

S.C. Code Ann. § 40-79-20 Definitions

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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…

S.C. Code Ann. § 40-79-200 Contracting without license; penalty; preferring of charges

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(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…

S.C. Code Ann. § 40-79-210 Civil penalties and injunctive relief

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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.

S.C. Code Ann. § 40-79-215 Exception to civil penalties for false alarms

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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…

S.C. Code Ann. § 40-79-220 Branch office and registered employee requirements

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(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…

S.C. Code Ann. § 40-79-230 Application for license; who must sign; what must be submitted

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(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…

S.C. Code Ann. § 40-79-240 License renewal; request for waiver by registered individual failing to qualify; licensees licensed as of January 1, 2001

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(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…

S.C. Code Ann. § 40-79-250 Liability insurance

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(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…

S.C. Code Ann. § 40-79-260 Issuance of license to applicants licensed in another state

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(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…

S.C. Code Ann. § 40-79-270 Restrictions on use of license

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(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…

S.C. Code Ann. § 40-79-280 Duty of building officials to refuse permits and report violations; regulation by county or municipality

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(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…

S.C. Code Ann. § 40-79-290 Enforcement of contract by unlicensed alarm business

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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.

S.C. Code Ann. § 40-79-30 License requirement

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

S.C. Code Ann. § 40-79-300 Bankruptcy of licensee; dissolution of business

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(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…

S.C. Code Ann. § 40-79-310 Exceptions from application of chapter

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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…

S.C. Code Ann. § 40-79-320 Severability

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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…

S.C. Code Ann. § 40-79-40 Nomination of board members from general public

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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.