South Carolina Code 40-30-200. Investigation of complaints
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(A) The department shall investigate complaints and violations as provided in this chapter and Chapter 1 of Title 40.
(B) The presiding officer of the board may administer oaths if taking testimony concerning any matters pertaining to the business or duties of the board. If after investigation it appears that probable cause exists for a hearing, a time and a place must be set by the board for a hearing to determine whether disciplinary action must be taken against the licensee. Notice must be given and the hearing conducted in accordance with the Administrative Procedures Act.
Terms Used In South Carolina Code 40-30-200
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Board: means the South Carolina Massage Therapy Board under the administration of the department. See South Carolina Code 40-30-30
- Department: means the Department of Labor, Licensing and Regulation. See South Carolina Code 40-30-30
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(C) A person aggrieved by a final action of the board may seek an appeal of the decision in accordance with § 40-1-160.
(D) Service of a notice of appeal does not stay the board’s or the department’s decision pending completion of the appellate process.