(a) When there is a cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the Division shall, not less than thirty days before refusal, suspension, or revocation action is taken, notify such person by certified mail at the last address supplied to the Division by such person of such impending refusal, suspension, or revocation, the reasons therefor, and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the Division.
If within twenty days after such notice has been deposited in the United States mail such person has not made a written request to the Division for an administrative hearing, the Division is authorized to suspend or revoke the polygraph examiner's license without a hearing. Upon receipt by the Division of a written request of such person within the twenty-day period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten days after written notification thereof, including a copy of the charges, shall have been given the person by certified mail sent to the last address supplied to the Division by the applicant or licensee. The administrative hearing in such cases shall be before the Division Chief.
(b) The Division shall conduct the administrative hearings and it is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers and documents. On the basis of the evidence submitted at the hearing, the Division shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.
HISTORY: 1962 Code Section 56-1543.71; 1972 (57) 2724.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 53 - Polygraph Examiners Act
Section 40-53-10. Short title.
Section 40-53-20. Declaration of purpose; construction.
Section 40-53-30. Definitions.
Section 40-53-40. Minimum requirements for instruments.
Section 40-53-50. Division to issue regulations and prescribe forms; disposition of fees.
Section 40-53-60. License required.
Section 40-53-70. Qualifications of licensees.
Section 40-53-80. Licensing of persons practicing as polygraph examiners on July 7, 1972.
Section 40-53-90. Application for license.
Section 40-53-100. Nonresident applicants.
Section 40-53-110. Licensing of person licensed under laws of another state or territory.
Section 40-53-120. Internship license.
Section 40-53-140. Display of license.
Section 40-53-150. Licensee required to give notice of change of business location.
Section 40-53-160. Renewal of license.
Section 40-53-180. Grounds for refusal to issue, suspension, or revocation of license.
Section 40-53-190. Liability of licensee for acts of other polygraph examiner or trainee.
Section 40-53-230. Surrender of license upon revocation or suspension.