(A) If an applicant is required to provide proof of a bond in order to receive a license pursuant to this chapter, the bond must:
(1) be payable for losses because of defective construction or performance by the bond principal or the principal's agents operating in the course and scope of the principal's agency; and
(2) be cancelable only upon thirty days' written notice to the board; and
(3) provide that cancellation does not affect any liability on the bond that accrued before cancellation; and
(4) be subject to claims as authorized by subsection (B); and
(5) be approved by the board as to form, execution, and sufficiency of the surety.
(B) If proof of a bond is required for licensure by this chapter, the requirement may be satisfied by proof that:
(1) the applicant maintains a current bond in his own name that is in compliance with the requirements of subsection (A);
(2) the applicant is a bona fide employee of a corporation that maintains a current bond in the corporate name that is in compliance with the requirements of subsection (A); or
(3) the applicant is a bona fide employee of a licensed well driller who maintains a current bond in the employer licensee's name that is in compliance with the requirements of subsection (A).
(C) After a hearing the board may initiate claims on the bond of any licensee for the cost of remediation or abatement of deficiencies or losses found to be the responsibility of the licensee. Claims are limited to actual damages and may not include attorney's fees or consequential or punitive damages. Claims may also be initiated upon the bond by the Department of Health and Environmental Control for remediation of deficiencies or losses determined, in accordance with that agency's procedures, to be the responsibility of a licensee.
HISTORY: 2002 Act No. 185, Section 1.
Editor's Note
Prior Laws:2000 Act No. 322, Section 6; 2000 Act No. 325, Section 5.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 23 - Environmental Certification Board
Section 40-23-5. Application of chapter; conflict of laws.
Section 40-23-10. Environmental Certification Board; creation; membership; terms.
Section 40-23-20. Definitions.
Section 40-23-30. Environmental systems operator licensure requirement.
Section 40-23-40. Purpose of board.
Section 40-23-70. Powers and duties.
Section 40-23-80. Conduct of investigations.
Section 40-23-100. Board authorized to seek remedies for violations; immunity; bonds.
Section 40-23-105. Recovery of payment for regulated services by unlicensed provider; limitations.
Section 40-23-110. Disciplinary action; grounds.
Section 40-23-115. Board jurisdiction.
Section 40-23-120. Sanctions and other disciplinary actions.
Section 40-23-130. Licensure denial.
Section 40-23-140. Licensure denial; prior criminal record.
Section 40-23-150. License; voluntary surrender.
Section 40-23-180. Costs and fines; collection and enforcement.
Section 40-23-200. Unauthorized practice; penalty.
Section 40-23-210. Civil penalties and injunctive relief.
Section 40-23-220. Severability.
Section 40-23-230. Issuance, renewal, and reinstatement of licenses; notification of address change.
Section 40-23-240. Reciprocity agreements; licensure of person credentialed in another jurisdiction.
Section 40-23-250. License as prerequisite to practice or offer to practice.
Section 40-23-260. Continuing education; code of ethics.
Section 40-23-270. Exceptions from application of chapter.
Section 40-23-280. Requirements, proof, and initiation of claim on bond.
Section 40-23-300. Certification classifications.
Section 40-23-305. Wastewater treatment operator licenses.
Section 40-23-310. Water distribution system operator licenses.
Section 40-23-320. Well drilling licenses; categories; classes.
Section 40-23-340. Well driller practice categories; restrictions.