South Carolina Code 40-81-190. Privileged communications in disciplinary actions; due process; final orders
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(A) A communication, whether oral or written, made by or on behalf of a person to the director or commission or a person designated by the director or commission to investigate or hear matters relating to discipline of a licensee, whether by way of complaint or testimony, is privileged and exempt from disclosure for any reason whatsoever, except to the extent disclosed in the course of the proceedings before the commission. No action or proceeding, civil or criminal, may be brought against the person, by or on whose behalf the communication is made, except upon other proof that the communication was made with malice.
(B) Nothing in this chapter may be construed to prohibit the respondent or the respondent’s legal counsel from exercising the respondent’s constitutional right of due process under the law or to prohibit the respondent from normal access to the charges and evidence filed against the respondent as part of due process under the law.
Terms Used In South Carolina Code 40-81-190
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(C) Notwithstanding the provisions of this section, a final order of a commission disciplining a licensee is public information as provided for in § 40-1-120.