(A) The results of an investigation must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice engineering or surveying, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by § 40-1-120.

(B) No disciplinary action may be taken unless the matter is presented to and voted upon by the board.

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Terms Used In South Carolina Code 40-22-90

  • Board: means the South Carolina State Board of Registration for Professional Engineers and Surveyors created pursuant to this chapter. See South Carolina Code 40-22-20
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(C) The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under § 40-1-90.

(D) If in the judgment of the board a hearing is warranted, the charges may be processed as provided for by the Administrative Procedures Act.

(1) The time and place for a hearing must be fixed by the board. The accused must be furnished a copy of the charges and a notice of the time and place of hearing. Notification must be personally serviced or served by certified mail, return receipt requested, at the last known address of the accused at least thirty days before the scheduled hearing date.

(2) The accused may appear personally and with counsel to cross-examine witnesses appearing against him and to produce evidence and witnesses in his own defense.

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