(A) Every communication, whether oral or written, made by or on behalf of an individual or an establishment, to the director, his designee, or the board, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, may be brought against the individual or establishment, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.

(B) Investigations conducted under this chapter are confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action.

Terms Used In South Carolina Code 40-30-300

  • Board: means the South Carolina Massage Therapy Board under the administration of the department. See South Carolina Code 40-30-30
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-30-30
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(C) Nothing in this chapter may be construed to prohibit the respondent or the respondent’s legal counsel from exercising the respondent’s constitutional right of due process under the law including, but not limited to, the respondent’s right to have normal access to the charges and evidence filed against the respondent.

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