South Carolina General Assembly
106th Session, 1985-1986

Bill 2808

                    Current Status

Bill Number:               2808
Ratification Number:       484
Act Number:                437
Introducing Body:          House
Subject:                   Relating to certain charges against
                           persons who hold a certificate of registration
                           from the State Board of Registration for
                           Professional Engineers and Land Surveyors and
                           the hearings thereon
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A437, R484, H2808)

AN ACT TO AMEND SECTION 40-21-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CHARGES AGAINST PERSONS WHO HOLD A CERTIFICATE OF REGISTRATION FROM THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND THE HEARINGS THEREON, SO AS TO REVISE THE PENALTIES WHICH THE BOARD MAY IMPOSE UPON VOTING TO SUSTAIN THE CHARGES, INCLUDING THE AUTHORIZATION OF CIVIL FINES, AND TO PROVIDE FOR THE MANNER IN WHICH THE FINES COLLECTED ARE TO BE EXPENDED.

Be it enacted by the General Assembly of the State of South Carolina:

Person may prefer charges against registrant

SECTION 1. Section 40-21-350 of the 1976 Code is amended to read:

"Section 40-21-350. Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against any registrant. The charges must be in writing, must be sworn to by the person making them, and must be filed with the secretary of the Board. All charges, unless dismissed by the Board as unfounded or trivial, must be heard by the Board within three months after the date on which they have been preferred. The time and place for the hearing must be fixed by the Board and a copy of the charges, together with a notice of the time and place of hearing, must be personally served on or mailed to the last known address of the registrant, at least thirty days before the date fixed for the hearing. At any hearing the accused registrant may appear personally and by counsel, cross-examine witnesses appearing against him and produce evidence and witnesses in his own defense. If a majority of the Board after the hearing votes in favor of sustaining the charges, the Board may levy a civil fine against the registrant and may also reprimand, suspend, refuse to renew, or revoke the individual's certificate of registration. The Board may require the registrant to pay a fine of up to two thousand dollars to the Board for each violation of the provisions of this chapter or the regulations promulgated by the Board, but the total of the fines imposed for these violations may not exceed ten thousand dollars. All fines must be remitted to the State Treasurer and deposited in a special fund from which the Board must be reimbursed for the administrative costs for each case upon the approval of the Budget and Control Board. At any time when the special fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the state general fund. Fines are payable immediately upon imposition. Interest shall accrue on the amount of the fine from the date imposed until the date paid at the rate specified in Section 34-31-20 (B). No registrant against whom a fine is levied is eligible for reinstatement until the fine has been paid in full."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.