(A) The board may seek administrative fines, pursuant to Section 40-1-120 or seek criminal penalties against a person or firm found guilty of unlicensed practice of engineering or surveying. In addition to the grounds provided for in Section 40-1-110, the board may cancel, suspend, refuse, revoke, or restrict a license as well as reprimand, fine, or require re-examination of an individual who is found guilty of:
(1) the practice of fraud or deceit in applying for or obtaining a certificate of registration;
(2) gross negligence, incompetency, or misconduct in the practice of engineering or surveying;
(3) a felony or misdemeanor which, in the judgment of the board, adversely affects the registrant's ability to perform satisfactorily within the licensed discipline;
(4) aiding or abetting any person in violation of a provision of this chapter or a regulation promulgated pursuant to this chapter;
(5) a violation of this chapter or a regulation promulgated by the board; and
(6) practicing in a registration category or tier for which the licensee has not been licensed by the board.
(B) The license of a person adjudged mentally incompetent is considered automatically suspended until the person is adjudged as being restored to mental competency by a court of competent jurisdiction or in any other manner provided by law.
HISTORY: 2000 Act No. 311, Section 1; 2016 Act No. 259 (S.685), Section 7, eff June 3, 2016.
Editor's Note
Prior Laws: 1991 Act No. 99, Section 1; 1993 Act No. 185, Section 7; 1976 Code Section 40-22-390.
Effect of Amendment
2016 Act No. 259, Section 7, substituted "considered automatically suspended" for "deemed automatically suspended upon the adjudication".
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 22 - Engineers And Surveyors
Section 40-22-5. Application of Chapter 1; conflicts.
Section 40-22-20. Definitions.
Section 40-22-30. Practice without a license; penalties.
Section 40-22-40. Nomination of board member candidates from general public.
Section 40-22-60. Rules and regulations; seal; input to department.
Section 40-22-70. Additional powers and duties.
Section 40-22-75. Waiver of licensing requirements during emergencies.
Section 40-22-90. Presentation of investigation results; hearing; notification of accused.
Section 40-22-100. Cease and desist orders; application for temporary restraining order.
Section 40-22-110. Penalties; grounds.
Section 40-22-115. Jurisdiction of board.
Section 40-22-120. Civil fines and other penalties.
Section 40-22-130. Grounds for denial of license.
Section 40-22-140. Prior criminal record.
Section 40-22-150. Voluntary surrender of license.
Section 40-22-180. Payment of fines; interest.
Section 40-22-190. Confidentiality of proceedings.
Section 40-22-200. Violation of chapter; penalty.
Section 40-22-210. Injunctions; rule to show cause.
Section 40-22-220. Licensure requirements; engineer-in-training; professional engineer; examination.
Section 40-22-222. Licensing of existing engineers; review process.
Section 40-22-225. Eligibility requirements for license as surveyor.
Section 40-22-260. Temporary licenses and certificates of authorization.
Section 40-22-270. Individual seals; stamping on plans and specifications.
Section 40-22-280. Exceptions from application of chapter.
Section 40-22-290. TIER A surveying; exclusions.
Section 40-22-295. Emergency services immunity.
Section 40-22-300. Promulgation of regulations for practice by firms located in foreign countries.
Section 40-22-310. Status of regulations promulgated pursuant to Chapter 21.