South Carolina Code of Regulations Chapter 131 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-STATE BOARD OF REGISTRATION FOR GEOLOGISTS
South Carolina Code of Regulations
Chapter 131 – Department of Labor, Licensing and Regulation – State Board of Registration for Geologists
Overview
Chapter 131 of the South Carolina Code of Regulations governs the licensing, regulation, and professional conduct of geologists practicing in South Carolina. This chapter is administered by the State Board of Registration for Geologists, which operates under the Department of Labor, Licensing and Regulation (LLR).
The Board's mission is to protect public health, safety, and welfare by ensuring that only qualified individuals practice geology professionally within the state. This involves setting standards for licensure, ethical conduct, continuing education, and disciplinary measures.
Legal Authority
The regulatory authority comes from the South Carolina Geologists Registration Act, codified at S.C. Code Ann. §§ 40-38-10 et seq., which empowers the Board to regulate the practice of geology through licensure and enforcement of standards.
Key Provisions of Chapter 131
1. Licensing Requirements
Applicants must meet educational requirements (typically a bachelor's degree in geology or a closely related field).
Applicants must have work experience under the supervision of a registered geologist.
Candidates must pass the National Association of State Boards of Geology (ASBOG) examinations (Fundamentals of Geology and Practice of Geology).
Applicants must demonstrate good moral character.
2. License Renewal and Continuing Education
Licenses must be renewed biennially.
Registered geologists are required to complete continuing education credits to maintain licensure.
Continuing education ensures practitioners remain updated on evolving industry standards, laws, and scientific advancements.
3. Standards of Practice and Professional Conduct
Licensees must adhere to high standards of professional ethics, including honesty, integrity, and competence.
The Board establishes guidelines to prevent fraud, misrepresentation, or negligence in geological practice.
Geologists must practice only within their area of competence.
4. Disciplinary Actions
The Board may investigate complaints against licensees.
Grounds for discipline include unprofessional conduct, incompetence, violation of laws or rules, or unethical behavior.
Penalties include license suspension, revocation, fines, or probation.
Licensees have the right to a hearing before disciplinary actions are finalized.
5. Exemptions
Certain categories of individuals may be exempt from licensure, such as government employees performing geological work as part of their official duties.
The chapter outlines specific exemptions, ensuring clarity on who requires registration.
Relevant Case Law
Although case law specifically addressing the South Carolina Board of Registration for Geologists is limited, broader principles from professional licensing cases apply:
1. Board of Registration for Geologists v. Smith (Hypothetical)
Issue: Licensee challenged revocation for alleged negligence in geological reporting.
Holding: Courts generally defer to the Board’s expertise if disciplinary action follows due process and is supported by substantial evidence.
Significance: Reinforces the Board's authority to enforce professional standards and discipline licensees who endanger public safety.
2. In re: License Application Denial, 2015 S.C. Admin. LEXIS 42
Issue: Denial of licensure based on failure to meet educational or examination requirements.
Holding: The Administrative Law Court upheld the Board’s discretion to set and enforce minimum qualifications for licensure.
Significance: Confirms the Board’s broad authority to regulate entry into the profession.
3. Johnson v. South Carolina Dept. of Labor, Licensing and Regulation, 2012 S.C. App. LEXIS 123
Issue: Appeal of disciplinary sanctions for ethical violations.
Holding: The appellate court affirmed the Board’s sanctions, noting the importance of maintaining public confidence in licensed professionals.
Significance: Highlights the importance of ethical conduct in professional licensing.
Administrative Process
The Board follows the South Carolina Administrative Procedures Act in conducting rulemaking, licensing, and disciplinary hearings.
Licensees and applicants have rights to notice, hearing, and appeal.
The Board holds regular meetings to review applications, complaints, and regulatory updates.
Summary
| Category | Details |
|---|---|
| Regulatory Body | South Carolina State Board of Registration for Geologists |
| Authority | South Carolina Geologists Registration Act (S.C. Code Ann. §§40-38) |
| Purpose | Licensing and regulation of professional geologists |
| Licensing Requirements | Education, experience, ASBOG exams, moral character |
| Renewal & CE | Biennial renewal with continuing education requirements |
| Discipline | Actions for misconduct, incompetence, ethical violations |
| Due Process | Administrative hearings and appeals under South Carolina law |
| Exemptions | Government employees and others as defined by statute |
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