South Carolina Code of Laws
Chapter 65 - Soil Classifiers
Section 40-65-36. Issuance of license; prima facie evidence; issuance of certification; fees; limitations; examinations; reciprocity.

(A)(1) The department shall issue a license upon payment of the license fee, pursuant to subsection (C), to an applicant who in the opinion of the department has met the requirements of this chapter.
(2) The issuance of a license by the department is prima facie evidence that the person named is entitled to all rights and privileges of a professional soil classifier during the term for which the license is valid if the license has not been revoked or suspended.
(B) The department shall issue a certificate as a soil-classifier-in-training upon payment of the certificate fee, pursuant to subsection (C), to an applicant who in the opinion of the department has met the requirements of this chapter.
(C)(1) The application for a license as a professional soil classifier or for certification as a soil-classifier-in-training shall be on a form prescribed and furnished by the department, shall contain statements made under oath showing the applicant's education, a detailed summary of his experience, and references as required by this chapter, and shall be accompanied by an application fee established by the department of not less than five nor more than twenty-five dollars.
(2) Licenses shall be established by the department subject to the following limitations:
(a) The license fee for professional soil classifiers shall be in an amount not less than twenty nor more than one hundred dollars.
(b) The certification fee for soil-classifier-in-training certification or enrollment shall be established by the department in an amount not less than ten nor more than fifty dollars.
(c) Should the department deny the issuance of a license to an applicant, the fee paid shall be retained as an application fee.
(3) Examinations shall be held at such times and places as the department shall determine. Examinations required on fundamental soil subjects may be taken at any time prescribed by the department. The final examinations may not be taken until the applicant has completed a period of soil classifying experience as provided in this chapter. The passing grade on any examination shall not be less than seventy percent. A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee established by the department of not less than ten nor more than twenty-five dollars. Any candidate for registration having an average grade of less than fifty percent may not apply for reexamination for a period of one year from the date of such examination.
(D) An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination if he holds a certificate of registration in the practice of soil classifying awarded on the basis of comparable qualifications and issued to him by a proper authority of another state, possession, or territory of the United States and who in the opinion of the department meets the requirements of this chapter.
HISTORY: 2010 Act No. 249, Section 2.A, eff June 11, 2010.

Editor's Note
Prior Laws: 1962 Code Sections 56-1546.41, 56-1546.44, 56-1546.45, 56-1546.47; 1974 (58) 2828; 1993 Act No. 181, Section 946; 1989 Act No. 99, Section 3; 1976 Code Sections 40-65-110, 40-65-140, 40-65-150, 40-65-170.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 65 - Soil Classifiers

Section 40-65-5. Application of other provisions to this chapter.

Section 40-65-10. Administration of chapter; department is agency of licensure; appointment and membership of advisory council; qualifications of council members.

Section 40-65-20. Definitions.

Section 40-65-30. Licensure as professional soil classifier; certification as soil-classifier-in-training; qualifications.

Section 40-65-32. Application form for licensure or certification.

Section 40-65-34. Examinations.

Section 40-65-36. Issuance of license; prima facie evidence; issuance of certification; fees; limitations; examinations; reciprocity.

Section 40-65-38. Renewal of license; requirements; reinstatement of license after lapse.

Section 40-65-40. Exemptions.

Section 40-65-45. Persons eligible without examination.

Section 40-65-50. Administration of program of soil classifiers.

Section 40-65-60. Power of department to promulgate regulations, including code of ethics for licensees.

Section 40-65-70. Power of department to seek injunctive relief.

Section 40-65-80. Investigative procedures; who may file complaint

Section 40-65-90. Omitted by 2010 Act No. 249, Section 2.A, eff June 11, 2010.

Section 40-65-100. Cease and desist orders and equitable relief.

Section 40-65-110. Grounds for disciplinary action.

Section 40-65-120. Appeal of advisory council decision.

Section 40-65-130. Grounds for denial of licensure or certification.

Section 40-65-140. Criminal record grounds for denial of license or certification.

Section 40-65-150. Voluntary surrender of license or certification when under investigation for violation.

Section 40-65-160. Omitted by 2010 Act No. 249, Section 2.A, eff June 11, 2010.

Section 40-65-170. Person found in violation to pay costs of investigation and prosecution.

Section 40-65-180. Payment of cost and fine for violation.

Section 40-65-190. Confidentiality of investigations.

Section 40-65-200. Penalties.

Section 40-65-210. Department may institute civil action for injunctive relief, fine.

Section 40-65-220. Severability.

Section 40-65-230, 40-65-240. Omitted by 2010 Act No. 249, Section 2.A, eff June 11, 2010.

Section 40-65-260. Omitted by 2010 Act No. 249, Section 2.A, eff June 11, 2010.