As provided for in Section 40-1-130, the board may deny a license, certification, or registration to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
(1) The department may refuse to issue a license or registration to any applicant who has:
(a) failed to meet the minimum qualifications set forth in this chapter or regulations promulgated under this chapter;
(b) had a license or registration denied, suspended, canceled, revoked, or otherwise disciplined;
(c) engaged in the alarm business without a valid license as required under this chapter;
(d) submitted a bid without a valid license when one is required by law;
(e) committed an act, which would be grounds for disciplinary action under this chapter;
(f) submitted false or misleading information;
(g) aided or abetted in the violation of this chapter or a regulation promulgated under this chapter;
(h) been convicted of a crime involving the sale, manufacture, distribution, or transportation of a controlled substance, drug, or narcotic in the last ten years, or involving unlawful breaking or entering, burglary, or larceny or of an offense involving moral turpitude in the last ten years. "Conviction" means the entry of a plea of guilty or nolo contendere or a verdict rendered in open court by a judge or jury; or
(i) any outstanding monetary judgments related to the alarm business.
(2) A license or registration may not be issued to any applicant who:
(a) had a similar license or certificate revoked by any federal, state, or local jurisdiction. Such an applicant is eligible to apply for licensure, in the board's discretion, or after not less than one year from the date of revocation;
(b) is presently under suspension or on probation by a professional licensing entity in this or any other state or jurisdiction;
(c) has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state; or
(d) is currently under sentence, including probation or parole, for a felony, crime of moral turpitude, or other criminal violation committed while engaged in or related to any aspect of the business of contracting.
HISTORY: 2000 Act No. 367, Section 1; 2002 Act No. 358, Section 3.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 79 - South Carolina Alarm System Business Act
Section 40-79-5. Conflict of law.
Section 40-79-10. Act to be administered under South Carolina Contractors Licensing Board.
Section 40-79-20. Definitions.
Section 40-79-30. License requirement.
Section 40-79-40. Nomination of board members from general public.
Section 40-79-50. Administrative support; license fees.
Section 40-79-60. Rules and regulations.
Section 40-79-70. Powers and duties of board.
Section 40-79-80. Investigation of complaints and violations.
Section 40-79-90. Presentation of investigation results; hearing.
Section 40-79-115. Board jurisdiction.
Section 40-79-120. Disciplinary action by board.
Section 40-79-130. Grounds for denial of license.
Section 40-79-140. License denial based on prior criminal record.
Section 40-79-150. Voluntary surrender of license.
Section 40-79-170. Payment of costs of investigation and prosecution.
Section 40-79-180. Collection of costs, fees, and fines.
Section 40-79-190. Investigations may be confidential and communications privileged.
Section 40-79-200. Contracting without license; penalty; preferring of charges.
Section 40-79-210. Civil penalties and injunctive relief.
Section 40-79-215. Exception to civil penalties for false alarms.
Section 40-79-220. Branch office and registered employee requirements.
Section 40-79-230. Application for license; who must sign; what must be submitted.
Section 40-79-250. Liability insurance.
Section 40-79-260. Issuance of license to applicants licensed in another state.
Section 40-79-270. Restrictions on use of license.
Section 40-79-290. Enforcement of contract by unlicensed alarm business.
Section 40-79-300. Bankruptcy of licensee; dissolution of business.