Title 36 — PROFESSIONS AND OCCUPATIONS

Source: SL 1968, ch 118 , § 17 (4); SL 1997, ch 221 , § 47; SL 2024, ch 159 , § 50.

Source: SL 1968, ch 118 , § 17 (5); revised pursuant to SL 1976, ch 158 , § 43-6; SL 1997, ch 221 , § 48; SL 2024, ch 159 , § 51. 36-24-39. Repealed by SL 1997, ch 221 , § 67.

36-24-39.1 Grounds for disciplinary action. 36-24-39.2 Disciplinary actions. 36-24-40

The board may take disciplinary action for the following conduct: (1) Fraudulently or deceptively obtaining or attempting to obtain a license or provisional license; (2) Fraudulently or deceptively using a license or provisional license; (3) Altering a license or provisional lice…

Any person licensed under this chapter is subject to the disciplinary actions of this section. Disciplinary actions are subject to contested case procedure in chapter 1-26 . The board may impose, separately or in combination, any of the following disciplinary actions: (1) Refuse …

Source: SL 1968, ch 118 , § 1 (2); SL 1997, ch 221 , § 10; SL 2005, ch 199 , § 56; SL 2024, ch 159 , § 35.

Source: SL 1973, ch 2 , § 58; SL 1997, ch 221 , § 11; SL 2024, ch 159 , § 36.

36-24-41 Procedure for suspension, revocation or denial of license. 36-24-42 Enforcement of chapter by board--Election of remedies. 36-24-43

The board may suspend, revoke, deny, or deny the renewal of a license issued pursuant to this chapter in compliance with chapter 1-26 and chapter 36-1C . Any decision of the board to discipline a licensee, or to suspend, revoke, or reinstate a license requires a majority vote of …

Any person violating the provisions of this chapter may be enjoined from further violation upon application by the board for an injunction in any court of competent jurisdiction to restrain the person from continuing to practice. No proceeding may be barred by any proceeding that…

36-24-44 Injunctive relief. 36-24-45 Repealed. 36-24-46 Repealed. 36-24-47 Promulgation of rules. 36-24-48 Telehealth services.

The board may apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from engaging in any act or practice which constitutes an offense against this chapter. It is not necessary for the board to allege and prove that there is no adequate …

Source: SL 1997, ch 221 , § 54; SL 2024, ch 159 , § 52.

Source: SL 1997, ch 221 , § 55; SL 2008, ch 191 , § 54; SL 2024, ch 159 , § 53.

The board shall promulgate rules, pursuant to chapter 1-26 , to: (1) Delineate qualifications for licensure; (2) Specify requirements for the renewal of licensure; (3) Establish standards of professional conduct; (4) Establish a schedule of disciplinary actions for violations of …

A licensed hearing aid dispenser or audiologist may provide services via telehealth pursuant to chapter 34-52 . Any service delivered via telehealth must be equivalent to the quality of services delivered face-to-face. Source: SL 2024, ch 159 , § 28.

The term of office for each member of the board is three years. Each member shall serve until a successor has been appointed. The term of a member begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Gov…

Source: SL 1968, ch 118 , § 1 (3); SL 1997, ch 221 , § 13; SL 2005, ch 199 , § 58; SL 2024, ch 159 , § 37.

Source: SL 1968, ch 118 , § 1 (3); SL 2024, ch 159 , § 38.

The board shall annually elect one member to serve as president and one member to serve as vice-president. Source: SL 1968, ch 118 , § 1 (4); SL 2024, ch 159 , § 6.

The board shall hold at least two meetings annually at a place and time set by the board. The board may hold other meetings at a time and place set by the president or a majority of the board. A majority of the board constitutes a quorum. Except as provided in § 36-24-41 , a majo…

Each board member shall receive a per diem set pursuant to § 4-7-10.4 and may be reimbursed for expenses as provided by law while engaged in official duties. Source: SL 1997, ch 221 , § 15; SL 2018, ch 12 , § 17; SL 2024, ch 159 , § 8. 36-24-10. Repealed by SL 1997, ch 221 , § 56…

Source: SL 1970, ch 222 , § 10; SL 2019, ch 169 , § 4. 36-25-28. Repealed by SL 2019, ch 169 , § 8. 36-25-29. Omitted.

Terms used in this chapter mean: (1) "Commission," the State Plumbing Commission created by this chapter; (2) "Individual and small on-site wastewater system," a system or facility designed to contain, neutralize, stabilize, disperse, or treat wastewater on or near the location w…

The commission may employ inspectors and assistants as it deems necessary to administer and enforce the provisions of this chapter. Source: SL 1970, ch 222 , § 2 (4); revised pursuant to SL 1973, ch 23 ; SL 2015, ch 260 , § 5. 36-25-11. Repealed by SL 1971, ch 23 , § 2.

36-25-12 Compensation of secretary-treasurer and employees--Other expenses. 36-25-13

The Bureau of Human Resources and Administration shall set the compensation of the secretary-treasurer, and of such other inspectors and assistants as may be necessary to carry out the provisions of this chapter, and the State Plumbing Commission may incur such other expense as m…

36-25-13.1 Payment of income to state treasurer--Account in treasury--Appropriation for expenses. 36-25-14 Administration of chapter--Promulgation of rules by commission. 36-25-15 Plumbing standards--Promulgation of rules--Accord with Uniform Plumbing Code. 36-25-15.1 Scope and o…

All moneys coming into the custody of the State Plumbing Commission each calendar month shall be paid by the commission to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the moneys to the State Plumbing Commission fund of the st…

The State Plumbing Commission shall administer the provisions of this chapter and may, in compliance with chapter 1-26 , promulgate rules establishing the educational, training, and examination requirements required of applicants for a plumbing contractor's license, plumber's lic…

The commission shall promulgate rules, in accordance with chapter 1-26 , to adopt and publish minimum standards for the design, construction, installation, improvement, extension, and alteration of materials, piping, venting, fixtures, appliances, and appurtenances in relation to…

It is the intent of the Legislature that the rules promulgated pursuant to this chapter, in compliance with chapter 1-26 , shall include the following requirements and the plumbing commission shall exercise no greater authority than is necessary for the fulfillment of this chapte…

Nothing in this chapter shall prohibit any municipality by ordinance from making and enforcing requirements and standards regarding plumbing, and from making inspections and collecting fees relating thereto. Any such ordinances shall be deemed the applicable standards as to any p…

No person may engage in plumbing for which a license is required pursuant to § 36-25-19 on any property which is in connection with a public system of waterworks or sewerage unless that person is licensed by the commission. However, no license is required of a person who does the…

The commission may waive certain licensing requirements for an applicant in a rural area or a municipality of less than fifteen hundred population as shown by the last federal decennial census, if the applicant passes an examination given by the commission that demonstrates that …

The commission shall provide or arrange for training programs on the plumbing code and applicable laws and rules governing plumbing for persons licensed under § 36-25-17.1 , except for those persons showing competency by passing a state administered plumbing examination. Each per…

An individual and small on-site wastewater system may only be altered, repaired, constructed, or installed by an individual with an individual and small on-site wastewater system installer license. Source: SL 2021, ch 181 , § 1.

The commission shall also serve as a committee of plumbing examiners. The duties of such committee shall be to examine the qualifications of all persons having made application to the commission for a permit to engage in the business or trade of plumbing contractor, plumber, or p…

A person may apply for a license required by this chapter to the commission, accompanied by an initial application fee established by the commission under this section. The commission shall license a person who satisfactorily passes an examination showing fitness to practice the …

Any person who is responsible for the installation of plumbing work must pay a plumbing inspection fee. The plumbing inspection fee must be the sum of a plumbing installation certificate fee plus a plumbing permit fee. The commission shall promulgate rules, in accordance with cha…

No plumbing permit is required if the plumbing repair work or plumbing fixture replacement: (1) Does not involve cutting into or extending existing water and waste systems; (2) Is done on buildings that are not connected to a public system of waterworks or sewerage; or (3) Is con…

Any person participating in any code training courses offered by the commission shall remit a fee not to exceed twenty - five dollars. The commission shall establish the training fee, by rules promulgated pursuant to chapter 1-26 , to offset expenses of the training. Source: SL 2…

A license issued under § 36-25-19 expires annually on the following dates: (1) For a plumbing contractor or plumber, December thirty-first; and (2) For a water conditioning contractor, water conditioning installer, appliance contractor, appliance installer, sewer and water contra…

There is created a State Plumbing Commission which shall perform all functions exercised by the former State Plumbing Board. The commission shall be composed of five members who shall be appointed by the Governor. The members shall not be all of the same political party. One memb…

36-25-21 Reciprocity--Determination by commission. 36-25-22

The commission may register, without examination upon the payment of the required initial application fee, examination fee, and license fee, a nonresident applicant who is registered in another state with requirements for regulating plumbers, and the commission determines the reg…

36-25-22.1 Repealed by SL 2012, ch 252 , § 3. 36-25-23 Temporary permits. 36-25-24 Apprentice and temporary license fees--Promulgation of rules. 36-25-24.1 Underground irrigation defined. 36-25-25

Repealed by SL 2012, ch 252 , § 3.

The commission may issue temporary, revocable permits for a period of not to exceed one year, to persons furnishing satisfactory evidence to the board of their qualifications. Source: SL 1970, ch 222 , § 7.

The commission shall promulgate rules, in accordance with chapter 1-26 , on fees for: (1) An application for an initial apprentice license; (2) An initial apprentice license; (3) The annual renewal of an apprentice license; (4) An examination for a third-year apprentice; and (5) …