South Carolina Code 40-22-80. Investigations of violations; subpoenas; administration of oaths and taking of testimony; charges
(B) In accordance with § 40-1-80, the board, under the hand of its chairman and the seal of the board, may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter. Upon failure of an individual or firm to obey a subpoena or to answer questions propounded by the board, the board may apply to an administrative law judge for an order requiring the person or firm to comply.
Terms Used In South Carolina Code 40-22-80
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Board: means the South Carolina State Board of Registration for Professional Engineers and Surveyors created pursuant to this chapter. See South Carolina Code 40-22-20
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Labor, Licensing and Regulation. See South Carolina Code 40-22-20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Firm: means a business entity functioning as a sole proprietorship, partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, joint venture, or other legally constituted organization which practices or offers to practice engineering or surveying, or both. See South Carolina Code 40-22-20
- Fraud: Intentional deception resulting in injury to another.
- Gross negligence: means an act or course of action, or inaction, which denotes a lack of reasonable care and a conscious disregard or indifference to the rights, safety, or welfare of others and which does or could result in financial loss, injury, or damage to life or property. See South Carolina Code 40-22-20
- Misconduct: means the violation of a provision of this chapter or of a regulation promulgated by the board pursuant to this chapter. See South Carolina Code 40-22-20
- Person: means an individual human being, firm, partnership, or corporation. See South Carolina Code 40-22-20
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(C) A person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant and charges of unlicensed practice against nonregistrants. The charges must be in writing, supported by affidavit of specific wrongdoing, and filed with the chairman of the board. All charges, unless dismissed by the board as unfounded, trivial, or otherwise without merit, must be investigated by the board to determine if a hearing is warranted.
(D) The board may not consider charges in a matter that would otherwise be precluded by prevailing statutes of limitation or repose.