Title 40, Professions and Occupations

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.

(A) This chapter may be cited as the "South Carolina Firefighters Employment and Registration Act". (B) For purposes of this chapter: (1) "Employer" means any fire department which puts an individual or employee in service as a firefighter or assigns any person to work or to offi…

(A)(1) Prior to employment of a paid or volunteer firefighter, the fire chief or other employer must ensure that a prospective firefighter undergoes a criminal records check conducted by a law enforcement agency. (2) The cost of the criminal records check may not exceed eight dol…

(A) No later than sixty days after the start of his employment date as a paid or volunteer firefighter, each firefighter must be registered with the Office of the State Fire Marshal by his fire chief or other employer. The criminal background check required by Section 40-80-20 mu…

(A) No person may be allowed to perform firefighting duties with a public fire department, organization, or employer of a county, municipality, special purpose district, or other political subdivision in this State on or after July 1, 2001, without first undergoing a criminal bac…

Upon recommendation of a fire chief or other employer, the Office of the State Fire Marshal must register each firefighter subject to the provisions of Sections 40-80-30 and 40-80-40. The Office of the State Fire Marshal must maintain as minimum information on each firefighter th…

If a firefighter becomes separated from employment or membership or becomes inactive, the fire chief or other employer within sixty days must notify the Office of the State Fire Marshal of the firefighter's separation or inactive status. Notification of separation of a firefighte…

Notwithstanding another provision of law, the provisions contained in this chapter do not apply to individuals engaged in firefighting duties during a declared state of emergency.

Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the State Athletic Commission administered 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 provis…

The commission may enforce the licensing and permitting requirements of this chapter as provided for in Section 40-1-100.

The commission may take disciplinary action based upon any of the grounds provided for in Section 40-1-110.

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

(A) Upon a determination by the commission that one or more of the grounds for discipline exists, in addition to the actions provided for in Sections 40-1-120 and 40-1-130, the commission may: (1) refuse to renew a license or revoke or suspend a license for all or any part of the…

The commission shall deny licensure to an applicant who has committed an act that would be grounds for disciplinary action under this chapter. The commission shall deny licensure to an applicant who has failed to demonstrate the qualifications or standards for licensure contained…

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

A licensee 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 action of the commission may seek review of the decision in accordance with Section 40-1-160.

A person found in violation of this chapter or a regulation promulgated pursuant to this chapter may be required to pay costs associated with the investigation, inspection, 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.

(A) A communication, whether oral or written, made by or on behalf of a person to the director or commission or a person designated by the director or commission to investigate or hear matters relating to discipline of a licensee, whether by way of complaint or testimony, is priv…

For the purpose of this chapter: (1) "Admissions" means the amount paid for seats to witness an event or exhibition or any fee charged for presenting an event or exhibition including, but not be limited to, complimentary tickets given in exchange for services. This term does not …

A person who violates the provisions of this chapter or a regulation promulgated pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.

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

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…

The commission shall issue licenses pursuant to this chapter as follows: (1) boxer; (2) wrestler; (3) manager; (4) second; (5) trainer; (6) announcer; (7) promoter; (8) promoter's representative; (9) referee; (10) judge; (11) timekeeper; (12) matchmaker; (13) professional kickbox…

(A) An application for licensure under this chapter must be submitted on an approved form, completed in its entirety. The application must be signed by the applicant. If any questions or requests for information on the application are left blank or incomplete, the commission must…

(A) In addition to the requirements of this chapter, all boxing events or exhibitions must be conducted in accordance with all applicable federal statutes and regulations including, but not limited to, 15 U.S.C. Section 6301 et seq. (B) No boxing bout shall be more than twelve ro…

(A) In order to be licensed as a boxer for an event or exhibition, an applicant: (1) must be between the ages of 18 and 35, unless the commission by a supermajority vote waives this requirement as to an individual applicant over the age of 35; (2) must not be listed on the Associ…

In order to be licensed as a contestant in a toughman contest or off the street boxing, an applicant: (1) shall be between the ages of 18 and 35; (2) must not be now or have ever been licensed in any state or jurisdiction as a professional boxer. The promoter shall provide to the…

In addition to meeting the requirements of Section 40-81-260, the promoter's representative for female boxers shall meet the following conditions: (1) No applicant shall be contracted for or engage in a contest between male and female. (2) Contests must be limited to four, six, e…

In order to be licensed as a professional kickboxer or mixed martial arts contestant for an event or exhibition, an applicant: (1) must be between the ages of eighteen and thirty-five, unless the commission by a majority vote waives this requirement as to an individual applicant …

In addition to meeting the requirements of Section 40-81-280, promoter's representative for female professional kick boxers shall meet the following conditions: (1) A commission-approved breast protector must be used. (2) Hair must be secured in a manner which will not interfere …

No person shall promote or participate in an event or exhibition without a license from the commission.

In order to be licensed as a wrestler, an applicant: (1) shall submit a completed application with payment of the prescribed fee; (2) shall submit documentation that the applicant has undergone an annual physical examination by a licensed physician and has been found physically a…

In order to be licensed as a manager, an applicant shall submit a completed application with payment of the prescribed fee.

In order to be licensed as a second, an applicant shall submit a completed application with payment of the prescribed fee.

In order to be licensed as a trainer, an applicant shall submit a completed application with payment of the prescribed fee.

In order to be licensed as an announcer, an applicant shall submit a completed application with payment of the prescribed fee.

In order to be licensed as a promoter, an applicant: (1) shall submit a completed application with payment of the prescribed fee; (2) may not have been convicted or pled guilty or nolo contendere to a felony, crime of moral turpitude, or other crime related to licensure.

(A) All promoters holding licenses and permits shall comply with all applicable city, county, state, and federal laws regarding licensure and events or exhibitions. Promoters shall pay the commission five percent of the total admissions received at the event or exhibition at the …

Before a permit is issued, all promoters' representatives must be identified and licensed by the commission.

In order to be licensed as a referee, an applicant: (1) shall submit a completed application with payment of the prescribed fee; (2) shall successfully pass a commission-approved written examination. A referee who has a license in good standing in this or any other state or juris…

In order to be licensed as a judge, an applicant: (1) shall submit a completed application with payment of the prescribed fee; (2) shall successfully pass a commission-approved written examination. A judge who has a license in good standing in this or any other state or jurisdict…

(A) The director of the department shall appoint an administrator, who shall assign referees, judges, and other officials necessary to administer this chapter. The department shall employ and supervise personnel necessary to effectuate the provisions of this chapter. (B) The depa…

In order to be licensed as a timekeeper, an applicant shall submit a completed application with payment of the prescribed fee.