South Carolina Code 40-11-130. Denial of license or certificate
(1) has failed to meet the minimum qualifications required by this chapter or regulations promulgated under this chapter;
Terms Used In South Carolina Code 40-11-130
- 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 - Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
(2) has had a license or certificate denied, suspended, revoked, or otherwise been disciplined;
(3) has engaged in contracting without a valid license as required under this chapter;
(4) has submitted a bid without a valid license when one is required by law;
(5) has committed an act which would be grounds for disciplinary action under this chapter;
(6) has submitted false or misleading information;
(7) has engaged in conduct which demonstrates bad faith, dishonesty, untrustworthiness, or incompetence in business or the profession;
(8) has aided or abetted an entity in the violation of a provision of this chapter or a regulation promulgated under this chapter;
(9) has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense, has been convicted of a felony or a crime involving moral turpitude, or pled nolo contendere to any such offense;
(10) has an outstanding monetary judgment related to construction.
(B) A license or certificate may be denied to an applicant:
(1) for a minimum of one year after the date of revocation of a similar professional license or certificate issued by this State or any other state or jurisdiction;
(2) who is presently under suspension by a professional licensing entity in this or any other state or jurisdiction;
(3) who has unresolved complaints or charges pending against him before this or any other professional licensing board in this or any other state.