(A) If the board or the director of the Department of Labor, Licensing and Regulation has reason to believe that a person has violated a provision of this chapter or a regulation promulgated under this chapter or if a person files a written complaint with the board or the director of the Department of Labor, Licensing and Regulation charging a person or a business with a violation of a provision of this chapter or a regulation promulgated under this chapter, the board may initiate an investigation.
(B) In accordance with Section 40-1-80, the board, under the hand of its chairman and the seal of the board, may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter. Upon failure of an individual or firm to obey a subpoena or to answer questions propounded by the board, the board may apply to an administrative law judge for an order requiring the person or firm to comply.
(C) A person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant and charges of unlicensed practice against nonregistrants. The charges must be in writing, supported by affidavit of specific wrongdoing, and filed with the chairman of the board. All charges, unless dismissed by the board as unfounded, trivial, or otherwise without merit, must be investigated by the board to determine if a hearing is warranted.
(D) The board may not consider charges in a matter that would otherwise be precluded by prevailing statutes of limitation or repose.
HISTORY: 2000 Act No. 311, Section 1.
Editor's Note
Prior Laws: 1991 Act No. 99, Section 1; 1976 Code Sections 40-22-380, 40-22-400.
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.