§ 40-79-5 Conflict of law
§ 40-79-10 Act to be administered under South Carolina Contractors Licensing Board
§ 40-79-20 Definitions
§ 40-79-30 License requirement
§ 40-79-40 Nomination of board members from general public
§ 40-79-50 Administrative support; license fees
§ 40-79-60 Rules and regulations
§ 40-79-70 Powers and duties of board
§ 40-79-80 Investigation of complaints and violations
§ 40-79-90 Presentation of investigation results; hearing
§ 40-79-100 Referral of reports of violations; administrative citations and penalties; appeals; cease and desist orders
§ 40-79-110 Grounds for disciplinary action; responsible entity or individual; civil penalties; return of canceled or revoked license; reapplication; completion of work in process; revocation or suspension effective; dissolution of business; revocation of individual
§ 40-79-115 Board jurisdiction
§ 40-79-120 Disciplinary action by board
§ 40-79-130 Grounds for denial of license
§ 40-79-140 License denial based on prior criminal record
§ 40-79-150 Voluntary surrender of license
§ 40-79-160 Appeal
§ 40-79-170 Payment of costs of investigation and prosecution
§ 40-79-180 Collection of costs, fees, and fines
§ 40-79-190 Investigations may be confidential and communications privileged
§ 40-79-200 Contracting without license; penalty; preferring of charges
§ 40-79-210 Civil penalties and injunctive relief
§ 40-79-220 Branch office and registered employee requirements
§ 40-79-230 Application for license; who must sign; what must be submitted
§ 40-79-240 License renewal; request for waiver by registered individual failing to qualify; licensees licensed as of January 1, 2001
§ 40-79-250 Liability insurance
§ 40-79-260 Issuance of license to applicants licensed in another state
§ 40-79-270 Restrictions on use of license
§ 40-79-280 Duty of building officials to refuse permits and report violations; regulation by county or municipality
§ 40-79-290 Enforcement of contract by unlicensed alarm business
§ 40-79-300 Bankruptcy of licensee; dissolution of business
§ 40-79-310 Exceptions from application of chapter
§ 40-79-320 Severability

Terms Used In South Carolina Code > Title 40 > Chapter 79

  • Accident and health insurance: means insurance of human beings against death or personal injury by accident, and each insurance of human beings against sickness, ailment, and any type of physical disability resulting from accident or disease, and prepaid dental service, but not including coverages required by the Workers' Compensation Law of this State. See South Carolina Code 31-3-580
  • Admitted assets: means assets of an insurer considered admitted on the most recent statutory financial statement of the insurer filed with the department pursuant to Section 38-13-80. See South Carolina Code 31-3-580
  • Alarm business: means an entity that is licensed by the South Carolina Contractor's Licensing Board to engage in the burglar or fire alarm system business, or both. See South Carolina Code 38-71-1350
  • Alarm technician: means an individual that specializes in any activity or work related to the set-up or installation, repair, alteration, or connection of an alarm system to a client's property. See South Carolina Code 38-71-1350
  • Appointment: means an individual designated by an official or authorized representative of an authorized insurer to act on its behalf as a producer. See South Carolina Code 31-3-580
  • Basic health insurance plan: means a lower cost health insurance plan developed pursuant to Section 38-71-1420. See South Carolina Code 38-71-1330
  • Bid: means an offer to furnish labor, equipment or materials, or other services regulated by this chapter. See South Carolina Code 38-71-1350
  • Board: means the South Carolina Contractor's Licensing Board. See South Carolina Code 38-71-1350
  • Board: means the board of directors of the program established pursuant to Section 38-71-1410. See South Carolina Code 38-71-1330
  • Burglar alarm system business: means a person, firm, association, partnership, corporation, or other legal entity authorized by law and approved by the board that designs, installs, services, maintains, or alters burglar alarm systems and heat and smoke sensors installed within a burglar alarm system; a burglar alarm system detects intrusion, burglary, and breaking or entering but does not include home health care signaling devices. See South Carolina Code 38-71-1350
  • Closed panel health plan: means a network plan that requires an insured or a member to seek covered health care services or supplies, except in the case of emergency, exclusively from network providers. See South Carolina Code 38-71-1720
  • Coinsurance: means a stipulation or requirement that the insured undertakes to be his own insurer to the extent that he fails to maintain insurance of a given percentage of the value of the property against loss or damage. See South Carolina Code 31-3-580
  • Commission: means the part of the premium paid to the producer as compensation for his services. See South Carolina Code 31-3-580
  • Committee: means the advisory committee to the commissioner referred to in Section 38-71-1420. See South Carolina Code 38-71-1330
  • Company: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 31-3-580
  • Contractor: means an entity licensed to engage in the burglar or fire alarm system business. See South Carolina Code 38-71-1350
  • cooperative: means a private purchasing cooperative composed of small employers formed under this article. See South Carolina Code 38-71-1330
  • Customer service personnel: means an individual working for a licensed alarm entity that provides support for customer problems, complaints, questions, and concerns involving an alarm system. See South Carolina Code 38-71-1350
  • Department: means the Department of Insurance of South Carolina. See South Carolina Code 31-3-580
  • Department: means the Department of Labor, Licensing and Regulation. See South Carolina Code 38-71-1350
  • 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
  • Dependent: means a spouse, an unmarried child under the age of nineteen years, an unmarried child who is a full-time student between the ages of nineteen and twenty-two and who is financially dependent upon the parent, and an unmarried child of any age who is medically certified as disabled and dependent upon the parent. See South Carolina Code 38-71-1330
  • Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the department. See South Carolina Code 31-3-580
  • Director: means the Director of the Department of Insurance of this State. See South Carolina Code 38-71-1330
  • Eligible employee: means an employee:

    (a) as defined in Section 38-71-710(1) or Section 38-71-840(7) who works on a full-time basis and has a normal workweek of thirty or more hours; or

    (b) who is a licensed real estate person engaged in the sale, leasing, or rental of real estate for a licensed real estate broker on a straight commission basis, who has signed a valid independent contractor agreement with the broker who works on a full-time basis and has a normal workweek of thirty or more hours. See South Carolina Code 38-71-1330
  • Emergency medical care: means those health care services provided in a hospital emergency facility to evaluate and treat an emergency medical condition. See South Carolina Code 38-71-1520
  • Emergency medical condition: means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in:

    (a) placing the health of the individual, or with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;

    (b) serious impairment to bodily functions; or

    (c) serious dysfunction of any bodily organ or part. See South Carolina Code 38-71-1520
  • Entity: means a sole proprietorship, partnership, limited liability partnership, limited liability company, association, joint venture, cooperative, corporation, or other legal entity authorized by law and approved by the board. See South Carolina Code 38-71-1350
  • Fire alarm system business: means an individual, firm, association, partnership, corporation, or other legal entity authorized by law and approved by the board that designs, installs, services, maintains, or alters fire alarm systems. See South Carolina Code 38-71-1350
  • Health insurance coverage: means coverage as defined in Section 38-71-840(14). See South Carolina Code 38-71-1720
  • Individual: means a natural person. See South Carolina Code 38-71-1350
  • Installs: means activity or work which involves the set-up, installation, or connection of alarm system equipment in any manner to a client's property. See South Carolina Code 38-71-1350
  • insurance: includes annuities. See South Carolina Code 31-3-580
  • Insurance company: means an "insurer". See South Carolina Code 31-3-580
  • Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 31-3-580
  • Insurer: means an entity that provides health insurance in this State. See South Carolina Code 38-71-1330
  • License: means a document issued by the state's director or his designee authorizing a person to act as an insurance producer for the lines of authority specified in the document. See South Carolina Code 31-3-580
  • Licensee: means an alarm business that has been issued a license by the board pursuant to this chapter. See South Carolina Code 38-71-1350
  • Managed care organization: means a licensed insurance company, a hospital or medical services plan contract, a health maintenance organization, or any other entity which is subject to regulation by the department and which operates a managed care plan. See South Carolina Code 38-71-1520
  • Monitoring personnel: means an individual that performs daily office functions observing the operation and activation of alarm systems from a monitoring station. See South Carolina Code 38-71-1350
  • Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. See South Carolina Code 31-3-580
  • Network plan: means a health insurance plan issued by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. See South Carolina Code 38-71-1330
  • Network plan: means a plan as defined in Section 38-71-840(24). See South Carolina Code 38-71-1720
  • Network providers: means those entities and individuals who provide covered health care services or supplies to an insured or a member pursuant to a contract with a network plan to act as a participating provider. See South Carolina Code 38-71-1720
  • Person: means a corporation, agency, partnership, association, voluntary organization, individual, or another entity, organization, or aggregation of individuals. See South Carolina Code 31-3-580
  • plan: means any hospital or medical policy or certificate, major medical expense insurance, hospital or medical service plan contract, or health maintenance organization subscriber contract that provides benefits consisting of medical care provided directly through insurance or reimbursement, or otherwise and including items and services paid for medical care. See South Carolina Code 38-71-1330
  • Plan of operation: means the plan of operation of the program established pursuant to Section 38-71-1410. See South Carolina Code 38-71-1330
  • Point-of-service option: means a network plan that provides benefits for services or supplies provided by network providers and provides benefits for services or supplies provided by nonparticipating network providers. See South Carolina Code 38-71-1720
  • Policy: means a contract of insurance. See South Carolina Code 31-3-580
  • Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 31-3-580
  • Primary qualifying party: means a qualifying party who is an owner, partner, or officer of a burglar alarm system business, or a full-time employee holding a managerial or supervisory position within the alarm system business and who qualifies the licensee to engage in the burglar or fire alarm business and is registered as a qualifying party with the department in accordance with this chapter. See South Carolina Code 38-71-1350
  • Program: means the South Carolina Small Employer Insurer Reinsurance Program pursuant to Section 38-71-1410. See South Carolina Code 38-71-1330
  • Qualifying party: means an individual, owner, partner, officer, or employee of an alarm system business who has met the necessary requirements of a qualifying party and is registered with the department in accordance with this chapter. See South Carolina Code 38-71-1350
  • Registered: means an owner, partner, principle officer, qualifying party, or registered employee of an alarm business whose name and address has been listed or registered with the department as an individual who has access to a client's property or burglar alarm records that can reveal, but not be limited to, the type of burglar alarm system, burglar alarm security numbers or code, or any other information pertaining to the system that could compromise the client's burglar alarm system. See South Carolina Code 38-71-1350
  • Registered employee: means an individual of an alarm system business who has not met the requirements of a qualifying party and is employed more than thirty days in any given calendar year and is registered with the department in accordance with this chapter. See South Carolina Code 38-71-1350
  • Reinsuring insurer: means a small employer insurer participating in the reinsurance program pursuant to Section 38-71-1410. See South Carolina Code 38-71-1330
  • Risk-assuming insurer: means a small employer insurer whose application is approved by the commissioner pursuant to Section 38-71-1390. See South Carolina Code 38-71-1330
  • Small employer: means , in connection with a health insurance plan with respect to a calendar year and a plan year, any person, firm, corporation, partnership, association, or employer, as defined in Section 3(5) of the Employee Retirement Income Security Act of 1974, that is actively engaged in business that, on at least fifty percent of its working days during the preceding calendar year, employed no more than fifty eligible employees or employed an average of not more than fifty employees on business days during the preceding calendar year and who employs at least one employee on the first day of the plan year. See South Carolina Code 38-71-1330
  • Small employer insurer: means an insurer that offers health insurance plans covering eligible employees of one or more small employers in this State. See South Carolina Code 38-71-1330
  • Standard health insurance plan: means a health insurance plan developed pursuant to Section 38-71-1420. See South Carolina Code 38-71-1330
  • Terminate: means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. See South Carolina Code 31-3-580