Article 1 General Provisions
Article 3 Real Estate Brokers, Brokers-in-Charge, and Salespersons
Article 5 Property Managers
Article 7 Misconduct and Redress

Terms Used In South Carolina Code > Title 40 > Chapter 57

  • abandoned: means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. See South Carolina Code 50-21-10
  • Academic year: means a period of three hundred sixty-five days beginning with the first day of enrollment for a course of instruction by a National Guard member. See South Carolina Code 50-19-510
  • Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;

    (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
  • Agency: means the South Carolina Commission on Higher Education. See South Carolina Code 50-11-2600
  • Applicant: means the person who or nonprofit corporate entity that desires to form a charter school and files the necessary application with the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, or the board of trustees or area commission of a public or independent institution of higher learning. See South Carolina Code 50-11-720
  • Aquaculture: means controlled cultivation of an aquatic species in confinement. See South Carolina Code 50-18-210
  • Aquaculture business: means being involved in aquaculture for a commercial purpose. See South Carolina Code 50-18-210
  • Aquacultured product: means any living or nonliving form, part, or portion of an aquatic species spawned, raised, or produced by means of aquaculture, including an egg or offspring thereof. See South Carolina Code 50-18-210
  • Aquaculturist: means a person or entity engaged in aquaculture. See South Carolina Code 50-18-210
  • Authority: means the State Fiscal Accountability Authority, acting as the Educational Facilities Authority for Private Nonprofit Institutions of Higher Learning and serving ex officio. See South Carolina Code 50-15-60
  • Base student: means that student classification that represents the most economically educated pupil in the school system, those in grades four through eight in regular classroom settings. See South Carolina Code 50-9-1210
  • Blind student: means an individual who is eligible for special education services and who:

    (a) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees; or

    (b) has a medically indicated expectation of visual deterioration. See South Carolina Code 50-11-440
  • Board: means the South Carolina Board of Natural Resources. See South Carolina Code 50-5-15
  • Board: means the governing body of the South Carolina Department of Natural Resources. See South Carolina Code 50-11-20
  • Board: means the State Board of Education. See South Carolina Code 50-11-356
  • Boat: means a vessel. See South Carolina Code 50-21-10
  • Bonds: means revenue bonds of the authority issued under the provisions of this chapter, including revenue refunding bonds, notwithstanding that the same may be secured by a mortgage or the full faith and credit of a participating institution for higher learning or any other lawfully pledged security of a participating institution for higher learning. See South Carolina Code 50-15-60
  • Braille: means the system of reading and writing through touch commonly known as standard English Braille. See South Carolina Code 50-11-440
  • Cast net: means nonbaited circular webbing having a weighted peripheral line which is thrown by hand and retrieved by a central line connected to radiating tuck lines attached to the peripheral line. See South Carolina Code 50-5-15
  • Charter committee: means the governing body of a charter school formed by the applicant to govern through the application process and until the election of a board of directors is held. See South Carolina Code 50-11-720
  • Charter fishing vessel: means a vessel used to transport recreational saltwater fishermen for hire and includes charter, party, and head boats. See South Carolina Code 50-5-15
  • charter school: means a public, nonreligious, nonhome-based, nonprofit corporation forming a school that operates by sponsorship of a public school district, the South Carolina Public Charter School District, or a public or independent institution of higher learning, but is accountable to the board of trustees, or in the case of technical colleges, the area commission, of the sponsor which grants its charter. See South Carolina Code 50-11-720
  • Charter school contract: means a fixed term, renewable contract between a charter school and a sponsor that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract. See South Carolina Code 50-11-720
  • College assistance program: means the South Carolina National Guard College Assistance Program. See South Carolina Code 50-19-510
  • Commercial purpose: means :

    (a) being engaged in buying or selling fish;

    (b) taking or attempting to take fish in order to derive income or other consideration;

    (c) using commercial equipment; and

    (d) otherwise being engaged in the fisheries industry with the intent to derive income. See South Carolina Code 50-5-15
  • Commercial purpose: means the culture, processing, purchase, sale, transfer, exchange, or the offer or exposure for sale, transfer, or exchange of a product, or engaging in aquaculture or aquaculture business in order to derive income or other consideration. See South Carolina Code 50-18-210
  • Commission: means the South Carolina Commission on Higher Education. See South Carolina Code 50-11-2600
  • Commission: means the South Carolina Commission on Higher Education. See South Carolina Code 50-19-510
  • Commission: means the group of individuals charged by law with the responsibility of licensing or otherwise regulating an occupation or profession within the State. See South Carolina Code 40-1-20
  • Commissioner: means the Chief Executive Officer of the South Carolina Commission on Higher Education, or a person designated by the commissioner to administer the provisions of this chapter. See South Carolina Code 50-11-2600
  • Comprehensive health education: means health education in a school setting that is planned and carried out with the purpose of maintaining, reinforcing, or enhancing the health, health-related skills, and health attitudes and practices of children and youth that are conducive to their good health and that promote wellness, health maintenance, and disease prevention. See South Carolina Code 50-11-356
  • convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
  • Conviction: as used in this article includes the entry of a plea of guilty, the entry of a plea of nolo contendere, and the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-9-1110
  • Credit recovery: means self-paced, semester-long courses that target learning in areas of greatest weakness, allowing nontraditional or at-risk students to rapidly complete courses, recover credits, and progress to graduation. See South Carolina Code 50-9-710
  • Crustacean: means all forms of crabs, shrimp, crayfish, stone crabs, lobsters, and other motile fish having a chitonized shell excluding snails and horseshoe crabs. See South Carolina Code 50-5-15
  • Degree: includes , but is not limited to, any academic credential or designation not less than, but including associate, bachelor, master, doctor, or fellow, whether earned or honorary, which signifies, purports, or is generally taken to signify partial or satisfactory completion of the requirements of an academic, occupational, business, or other program of study beyond the secondary school level. See South Carolina Code 50-11-2600
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Department: means the South Carolina Department of Natural Resources. See South Carolina Code 50-11-20
  • Department: means the State Department of Education. See South Carolina Code 50-11-356
  • Department: means the Department of Labor, Licensing and Regulation;

    (5) "Director" means the Director of the Department of Labor, Licensing and Regulation or the director's official designee;

    (6) "Licensee" means a person granted an authorization to practice pursuant to this article and refers to a person holding a license, permit, certification, or registration granted pursuant to this article;

    (7) "Licensing act" means the individual statute or regulations, or both, of each regulated profession or occupation which include, but are not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures;

    (8) "Person" means an individual, partnership, or corporation;

    (9) "Profession" or "occupation" means a profession or occupation regulated or administered, or both, by the department pursuant to this article. See South Carolina Code 40-1-20
  • Distance learning: means the acquisition of knowledge and skills through mediated information and instruction, encompassing all technologies and other forms of learning at a distance. See South Carolina Code 50-9-710
  • domicile: shall mean a person's true, fixed, principal residence and place of habitation; it shall indicate the place where such person intends to remain, and to which such person expects to return upon leaving without establishing a new domicile in another state. See South Carolina Code 50-18-240
  • Drop net: means a net mounted to a rigid frame with its diameter or diagonal width being eight feet or less and designed to be fished vertically by hand. See South Carolina Code 50-5-15
  • Eligible institution: means :

    (a) a public institution of higher learning as defined in Section 59-103-5 and an independent institution of higher learning as defined in Section 59-113-50; and

    (b) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which was incorporated in its original charter in 1962, was granted a license to operate in 1997 by the Commission on Higher Education, has continued to maintain a campus in South Carolina, and is accredited by the Southern Association of Colleges and Secondary Schools. See South Carolina Code 50-19-510
  • Elver: means all American eels (Anguilla rostrata) less than or equal to six inches in total length. See South Carolina Code 50-5-15
  • Endangered species: means any species or subspecies of wildlife whose prospects of survival or recruitment within the State are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:

    (a) the destruction, drastic modification, or severe curtailment of its habitat, or

    (b) its over-utilization for scientific, commercial, or sporting purposes, or

    (c) the effect on it of disease, pollution, or predation, or

    (d) other natural or manmade factors affecting its prospects of survival or recruitment within the State, or

    (e) any combination of the foregoing factors. See South Carolina Code 50-15-10
  • Entity: includes , but is not limited to, a person or group of persons. See South Carolina Code 50-11-2600
  • Family life education: means instruction intended to:

    (a) develop an understanding of the physical, mental, emotional, social, economic, and psychological aspects of close personal relationships and an understanding of the physiological, psychological, and cultural foundations of human development;

    (b) provide instruction that will support the development of responsible personal values and behavior and aid in establishing a strong family life for themselves in the future and emphasize the responsibilities of marriage. See South Carolina Code 50-11-356
  • Financing agreement: means any agreement entered into by and between the authority and any one or more participating institutions for higher learning for the purpose of assisting a participating institution for higher learning in undertaking a project pursuant to the provisions of this chapter and pursuant to which the participating institution or institutions for higher learning agree to pay to (and to secure if so required) the authority or to any assignee thereof, the sums required to meet the payment of amounts due with respect to any bonds including, without limitation, an agreement whereby the authority shall lease or sell a project to a participating institution for higher learning or any agreement whereby the authority shall loan the proceeds of bonds to a participating institution for higher learning. See South Carolina Code 50-15-60
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
  • Foundation program: means the program proposed to establish substantially equitable current operation funding levels for programs for South Carolina's public school students, regardless of their geographic location, after the students are transported to school and housed in school plants. See South Carolina Code 50-9-1210
  • Gig: means a device used to spear fish by hand; to take fish by hand by use of a prong, spear, or similar device and includes bow and arrow. See South Carolina Code 50-5-15
  • Gill net: means a net which is designed to hang vertically and capture fish by entanglement usually of the head, gill covers, or preopercles, and does not include gill net for taking shad unless specified. See South Carolina Code 50-5-15
  • Herring: means all life stages of the river herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). See South Carolina Code 50-5-15
  • in-state rates: shall mean charges for tuition and fees established by State Institutions for persons who are domiciled in South Carolina in accordance with this chapter; the words "out-of-state rates" shall mean charges for tuition and fees established by State Institutions for persons who are not domiciled in South Carolina in accordance with this chapter. See South Carolina Code 50-18-240
  • independent person: shall mean a person in his majority, or an emancipated minor, whose predominant source of income is his own earnings or income from employment, investments, or payments from trusts, grants, scholarships, loans or payments of alimony or separate maintenance made pursuant to court order. See South Carolina Code 50-18-240
  • Index of taxpaying ability: means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12 for the second completed taxable year preceding the fiscal year in which the index is used and these assessments must be the audited assessments by school district contained in the annual report submitted yearly to the Comptroller General's office. See South Carolina Code 50-9-1210
  • Individualized education program: means a written statement developed for a student eligible for special education services pursuant to Section 602(a)(20) of Part A of the Individuals with Disabilities Education Act, 20 U. See South Carolina Code 50-11-440
  • Institution for higher learning: means a nonprofit educational institution within the State authorized by law to provide a program of education beyond the high school level and which does not receive state financial support, but shall not include any state-supported institution. See South Carolina Code 50-15-60
  • License: means an agency permit, approval, or some similar form of written permission. See South Carolina Code 50-11-2600
  • Local school board: means the governing board of public school districts as well as those of other state-supported institutions which provide educational services to students at the elementary and secondary school level. See South Carolina Code 50-11-356
  • Local school district: means any school district in the State except the South Carolina Public Charter School District and does not include special school districts. See South Carolina Code 50-11-720
  • Management: means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. See South Carolina Code 50-15-10
  • Mariculture: means controlled cultivation in confinement of marine and estuarine organisms in salt waters. See South Carolina Code 50-5-15
  • Marina: means a facility which provides mooring or dry storage for watercraft. See South Carolina Code 50-21-10
  • Migratory waterfowl: means members of the family "Anatidae" including brants, ducks, geese, and swans. See South Carolina Code 50-11-20
  • Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
  • Minnow trap: means a trap having no opening which has a dimension greater than one inch only when used for taking small finfish for bait. See South Carolina Code 50-5-15
  • minor: shall mean a person who has not attained the age of eighteen years; and the words "emancipated minor" shall mean a minor whose parents have entirely surrendered the right to the care, custody and earnings of such minor and are no longer under any legal obligation to support or maintain such minor. See South Carolina Code 50-18-240
  • National Guard: means South Carolina Army or Air National Guard. See South Carolina Code 50-19-510
  • Nonindigenous species: means a species, strain, or variety not native to this State and not established in the wild in this State. See South Carolina Code 50-18-210
  • Nonpublic educational institution: includes , but is not limited to, any educational entity operating or soliciting in South Carolina and is not owned or operated in whole or in part by the State of South Carolina offering resident or correspondence courses beyond the secondary school level to students upon the payment of tuition or fees. See South Carolina Code 50-11-2600
  • Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
  • Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
  • Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
  • Parent: shall mean the natural or adoptive parent or the guardian having legal custody of a child eligible and entitled to receive a scholarship grant under this chapter who is actually paying or who will pay the tuition cost of attendance of such child at a school which qualifies such child to receive a grant under the terms of this chapter. See South Carolina Code 50-11-950
  • parent: shall mean a person's natural or adoptive father or mother; or if one parent has custody of the child, the parent having custody; or if there is a guardian or other legal custodian of such person, then such guardian or legal custodian; provided, however, that where circumstances indicate that such guardianship or custodianship was created primarily for the purpose of conferring South Carolina domicile for tuition and fee purposes on such child or dependent person, it shall not be given such effect. See South Carolina Code 50-18-240
  • Participating institution for higher learning: means an institution for higher learning which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of bonds or obligations or of a mortgage or advances as provided in this chapter. See South Carolina Code 50-15-60
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Person: means any individual, firm, corporation, association, or partnership. See South Carolina Code 50-15-10
  • Person: means an individual, firm, corporation, association, partnership, club, private body, or other entity. See South Carolina Code 50-18-210
  • Person: means any individual, firm, partnership, association, organization, corporation, trust, or other legal entity or combination of the above. See South Carolina Code 50-11-2600
  • Pregnancy prevention education: means instruction intended to:

    (a) stress the importance of abstaining from sexual activity until marriage;

    (b) help students develop skills to enable them to resist peer pressure and abstain from sexual activity;

    (c) explain methods of contraception and the risks and benefits of each method. See South Carolina Code 50-11-356
  • Private school: shall mean a private or independent elementary or high school which is not operated or controlled by any church, synagogue, sect or other religious organization or institution. See South Carolina Code 50-11-950
  • Probation: means a specified period during which an institution cannot enroll, solicit, or recruit new students. See South Carolina Code 50-11-2600
  • Proctored: means directly monitored by an adult authorized by the South Carolina Virtual School Program. See South Carolina Code 50-9-710
  • Program: means an organized unit of subject matter in which instruction is offered within a given time and for which credit is given toward completion of training toward a predetermined occupational or academic credential. See South Carolina Code 50-11-2600
  • Project: means any land or any interest therein, one or more structures, buildings, additions, extensions, improvements, or other facilities, whether or not located on the same site or contiguous sites, machinery, equipment, furnishings, and other real or personal property necessary, suitable, or convenient for the instruction of students, the conducting of research, the operation of an institution for higher learning, or the orderly conduct of the affairs of an institution for higher learning, and shall include, without limitation, dormitories or other housing facilities, including housing facilities for student nurses, dining halls, student union facilities, administration or office facilities, academic facilities, libraries, laboratories, research facilities, classrooms, athletic facilities, health care facilities, and maintenance, storage, or utility facilities, and shall also include, without limitation, all necessary, convenient, or related landscaping, site preparation, furniture, equipment, furnishings, machinery, apparatus, appliances, appurtenances, and physical amenities, but shall not include any facility used or to be used for sectarian instruction or as a place of religious worship or any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination. See South Carolina Code 50-15-60
  • Public fishing pier: means piers open to the public which charge a fee to fish. See South Carolina Code 50-5-15
  • Recreational fishermen: means persons taking or attempting to take saltwater fish for recreation only, and not for commercial purposes. See South Carolina Code 50-5-15
  • Reproductive health education: means instruction in human physiology, conception, prenatal care and development, childbirth, and postnatal care, but does not include instruction concerning sexual practices outside marriage or practices unrelated to reproduction except within the context of the risk of disease. See South Carolina Code 50-11-356
  • reside: shall mean continuous and permanent physical presence within this State, provided, that temporary absences for short periods of time shall not affect the establishment of a residence. See South Carolina Code 50-18-240
  • Resident public school: means the school, other than a charter school, within whose attendance boundaries the charter school student's custodial parent or legal guardian resides. See South Carolina Code 50-11-720
  • Revoke: means to rescind, cancel, or withdraw. See South Carolina Code 50-11-2600
  • School child: shall mean any person between the ages of six and twenty whose domicile is with his or her parent within the State and who is otherwise qualified to attend the public schools of any school district in which he or she resides. See South Carolina Code 50-11-950
  • Shad: means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris). See South Carolina Code 50-5-15
  • Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
  • Shoreline: means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean. See South Carolina Code 50-5-15
  • solicitor: means a person who, for remuneration, enrolls or seeks to enroll, away from the nonpublic educational institution's premises, a resident of South Carolina in courses or programs of instruction or study offered by the nonpublic educational institution. See South Carolina Code 50-11-2600
  • Sponsor: means the South Carolina Public Charter School District Board of Trustees, the local school board of trustees in which the charter school is to be located, as provided by law, a public institution of higher learning as defined in Section 59-103-5, or an independent institution of higher learning as defined in Section 59-113-50, from which the charter school applicant requested its charter and which granted approval for the charter school's existence. See South Carolina Code 50-11-720
  • spouse: shall mean the husband or wife of a married person. See South Carolina Code 50-18-240
  • State advisory council: means the state advisory council on the Education of Children with Disabilities established in compliance with Public Law 94-142, as amended. See South Carolina Code 50-11-520
  • Striker: means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman, but does not use separate commercial equipment on a vessel which is engaged in commercial fishing. See South Carolina Code 50-5-15
  • student: shall mean any person enrolled for studies in any State Institution. See South Carolina Code 50-18-240
  • Suspend: means to stop. See South Carolina Code 50-11-2600
  • Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
  • Take: means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife. See South Carolina Code 50-15-10
  • to land: means to take and retain possession while afloat or to take and bring ashore. See South Carolina Code 50-5-15
  • Total length: means the length of a fish laid flat and measured from the closed mouth (snout) to the tip of the tail fin when pinched together. See South Carolina Code 50-5-15
  • Trap: is a n enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called "pot". See South Carolina Code 50-5-15
  • Trotline: means a single line or wire having numerous hooks or baits and is also called long line. See South Carolina Code 50-5-15
  • Tuition and fees: means the amount charged for registering for credit hours of instruction, costs of textbooks, and other fees and charges associated with attendance at an eligible institution as approved by the commission. See South Carolina Code 50-19-510
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
  • Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
  • Watercraft: means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
  • Waters of the State: means waters within the territorial limits of the State but not private lakes or ponds. See South Carolina Code 50-21-10
  • Weightings: means those cost figures assigned to student classifications in Section 59-20-40(1)(c) which are based on different relative cost of their educational programs in relation to that of the base student which is given the weighting of 1. See South Carolina Code 50-9-1210
  • Wildlife: means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any part, product, egg or offspring, or the dead body or parts thereof. See South Carolina Code 50-15-10