(A) There is created the South Carolina Board of Examiners in Opticianry which consists of seven members. Five members must be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees, additional nominees must be elected and submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members must be members of the general public who do not derive their income or support from any optical or optical-related business or who are not related to an optician or a person engaged in an optical-related business. The members from the general public may be nominated by an individual, group, or association and appointed by the Governor in accordance with Section 40-1-45.
(B) The members of the board serve terms of four years and until their successors are appointed and qualify.
(C) The Governor may remove a member of the board in accordance with Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against the member, and the member must be given a copy of the charges at the time they are filed.
HISTORY: 1998 Act No. 426, Section 1.
Editor's Note
Prior Laws:1982 Act No. 396, Section 1; 1976 Code Section 40-38-30.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Section 40-38-5. Application of chapter; conflict of laws.
Section 40-38-10. Board of Examiners in Opticianry; membership; nominations; terms; removal.
Section 40-38-20. Definitions.
Section 40-38-30. Unlawful to practice opticianry without license.
Section 40-38-50. Administration of Board by Department of Labor, Licensing and Regulation.
Section 40-38-60. Adoption of bylaws to govern board proceedings.
Section 40-38-70. Board responsibilities regarding examinations, investigations, and prosecutions.
Section 40-38-80. Collection of evidence for investigations and other board proceedings.
Section 40-38-100. Injunctive actions allowed by board.
Section 40-38-115. Jurisdiction of board.
Section 40-38-120. Disciplinary actions permitted by board; procedures.
Section 40-38-130. Denial of license on same grounds as for disciplinary actions.
Section 40-38-140. Denial of license based on prior criminal record.
Section 40-38-150. Voluntary surrender of license by licensee under investigation.
Section 40-38-160. Right of aggrieved person to seek review of board decision.
Section 40-38-170. Payment of investigation and prosecution costs by violator.
Section 40-38-180. Collection of costs and fines.
Section 40-38-190. Confidentiality of proceedings under provisions of this chapter.
Section 40-38-200. Violations; penalty.
Section 40-38-210. Additional civil penalties and injunctive relief.
Section 40-38-240. Qualifications for licensure as optician or contact lens optician.
Section 40-38-250. Apprentices and apprenticeships; promulgation of regulations.
Section 40-38-320. Use of third-party solicitations; restrictions.
Section 40-38-350. Display of certificate of licensure; effect of failure to display certificate.
Section 40-38-360. Service of required notices; prima facie evidence.
Section 40-38-370. Persons excepted from application of chapter.