The South Carolina Code of Regulations, Chapter 53,
What is Chapter 53
Chapter 53 is part of the regulations promulgated by the Department of Labor, Licensing and Regulation of South Carolina. It implements and gives detail to the statutes that regulate the registration, licensing, and discipline of professional foresters in the State
The statutory authority for Chapter 53 comes principally from the South Carolina Code of Laws Title 48, Chapter 27 (“Registration of Foresters”) and also from general licensing authority in the Department of Labor, Licensing and Regulation.
Key Parts of Chapter 53: Major Sections and Requirements
Below are the most important provisions in Chapter 53, what they require, and their purpose.
| Regulation § | Subject | What It Requires / Permits |
|---|---|---|
| § 53‑7 – Application for Registration | How to apply | The applicant must use the prescribed application form (supplied by the Board), supply all required information, include payment of a non‑refundable application fee, and provide proof (satisfactory to the Board) that the applicant meets qualifications. Failure to follow instructions can lead to rejection or return of application. Legal Information Institute |
| § 53‑8 – Requirements for Registration | Minimum qualifications | Two alternate tracks: (A) Those with a four‑year degree in forestry from a department/school approved by the Board must have an additional two years of approved forestry experience; (B) Those without such a degree must have at least six years of satisfactory forestry practice. All applicants must pass a two‑part examination: (1) the Certified Forester (CF) Examination; (2) a South Carolina‑specific exam. Legal Information Institute+1 |
| § 53‑9 – Renewal of License, Lapsed License, and Reinstatement | Keeping license active | Licenses expire every two years on June 30 of odd‑numbered years. The Board must notify registrants at least one month in advance of expiration and fees. Renewal must be in June or during next three months with additional late fees. Exemptions for those in U.S. Armed Services. Justia |
| § 53‑11 – Reciprocity | Out‑of‑state credentials | Allows those already licensed/registered in other jurisdictions to obtain registration in South Carolina if the other jurisdiction's requirements are “commensurate” (i.e. similar) with South Carolina’s requirements. Legal Information Institute+1 |
| § 53‑12 – Address Requirement | Record keeping / notification | Requires registrants to maintain a current address with the Board so they can receive notices, etc. Legal Information Institute |
| § 53‑15 – Code of Ethics | Ethical standards for foresters | Sets out rules of professional conduct that registered foresters must follow. Violations can lead to disciplinary action under the statutory scheme. Legal Information Institute |
| § 53‑20 – Continuing Education Requirements | Ongoing competence | Requires registered foresters to complete continuing education to maintain competence. Legal Information Institute |
Other sections cover organizational matters (officers, meetings, quorum, sealing), definitions, exceptions, etc. Legal Information Institute
How the Statutes and Regulations Relate
The statutes (Title 48, Chapter 27) set out broad requirements: who must be licensed, what the Board is, what the qualifications are, what the Board can do (revocations, fee setting, discipline). The regulations fill in the details: exactly how many years of experience, which examinations, deadlines, fees, continuing education, ethics, etc. South Carolina Legislature Online+2Legal Information Institute+2
The regulations are valid only insofar as they are consistent with, and within the scope of, the enabling statutes. If a regulation demands something beyond what the statute allows, it could be challenged.
Purposes, Policy, and Practical Effects
The regulatory scheme is meant to ensure that only qualified individuals engage in the professional practice of forestry in South Carolina. This protects landowners, environment, forestry resources, and ensures consistent professional standards.
It ensures accountability: through examinations, continuing education, ethics, renewal/reinstatement rules, the Board can refuse or discipline those who don’t meet standards.
It allows some mobility (via reciprocity) but ensures other states’ licensing is similar enough.
It provides structure for lapsed license and reinstatement: someone who fails to renew on time doesn’t necessarily lose all ability to be reinstated, but must pay late fees etc., possibly meet continuing education or other requirements.
Case Law / Judicial Interpretations
I found very limited published case law directly applying or interpreting Chapter 53 regulations. Most litigation in forestry licensing tends to involve statutes rather than these specific regulations. Below is what is available and plausible inferences about how courts may treat these rules.
What I found
I was unable to locate reported decisions that interpret some specific regulatory section (for example, § 53‑8 requirements for experience, or § 53‑15 code of ethics) under Chapter 53 in South Carolina. Case reporters don’t appear to include decisions challenging those regulations in a published way (at least not readily found in common legal databases).
There are statutory provisions (in Title 48, Chapter 27) that have been litigated in other contexts (for example, disputes about whether someone needed to be registered, or whether the Board had authority to deny or suspend licenses based on experience or moral character), but those cases do not appear to hinge specifically on the regulation text of Chapter 53.
How courts would likely approach disputes under Chapter 53
Given the statutes and regulatory scheme, courts would likely consider the following in a dispute:
Statutory Authority & Delegation: Is the regulation consistent with the statutes (Title 48, Chapter 27)? For example, if a regulation imposes more experience than the statute allows, or requires something not permitted, a court might invalidate that portion.
Due Process in Licensing or Discipline: Because the regulatory scheme includes procedure (application, possibly hearings for discipline, notices, etc.), any person whose license is denied, suspended, or revoked under these regs/statutes would likely have a right to procedural due process: notice, opportunity to be heard, possibly judicial review of the Board’s decision.
Reasonableness and Substantial Evidence: When the Board determines whether someone’s experience is “of a character satisfactory to the board,” or whether reciprocity is “commensurate,” the court may review whether the Board’s decision was supported by substantial evidence, whether the standard was reasonable and applied consistently.
Equal Protection or Arbitrary or Capricious Claims: If someone claims that the Board acted arbitrarily, or discriminatorily, courts would examine whether the same kinds of applicants are being treated differently without rational basis.
Interpretation of Ambiguous Regulations: If a regulation is ambiguous (for example, what “experience of character satisfactory to the board” means), courts often defer to the agency’s interpretations if those are reasonable and consistent unless there is clear contradictory statute or constitutional limit.
Gaps and Things Not Addressed
Because there are few published cases, many things under Chapter 53 are likely settled in administrative hearings (Board hearings) rather than in appellate decisions. Those decisions may be unpublished or not widely reported.
The regulations do not appear to specify every detail (for example, what types of continuing education are acceptable, what exactly constitutes “good moral character” beyond what the statute says). So there may be discretion that gives room for litigation or administrative dispute.
Enforcement/discipline: while statutes allow for discipline, the regulation text is lighter on how ethical violations are adjudicated (beyond requiring a code of ethics). Disciplinary procedure is more likely governed by statute plus more general licensing law/procedure.
Hypothetical / Potential Dispute Example
To illustrate how a case might go:
Suppose someone applies to be a Registered Forester under § 53‑8. They have a four-year forestry degree but only 1 year experience. The Board denies registration. The applicant claims the regulation’s requirement of 2 years experience (after a degree) is arbitrary or beyond statutory authority. The court would look at the statute (does it require 2 years of experience after degree? If so, that’s fine; if the statute is silent or less, maybe not) and substantial evidence.
Or someone fails to renew a license by the date, misses payment window, lets it lapse, then tries to reinstate after many years. The Board might require them to meet continuing education or exam requirements. The applicant might challenge whether those requirements are fair or whether the Board has power under the statute/regulation to impose particular continuing education.
Summary
Chapter 53 is the body of regulation for forestry registration in SC, detailing how to apply, what qualifications, ethics, renewal, etc.
It implements enabling legislation in Title 48, Chapter 27.
There is little published case law specifically interpreting its regulatory provisions; most disputes are likely resolved at Board level or in unpublished administrative decisions.
Courts would assess such regulations under the usual standards: consistency with statutes; reasonableness; due process; substantial evidence; non‐arbitrariness.
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