§ 4-35-10 Short title; counties authorized to exercise powers and provisions
§ 4-35-20 Authorizations constitute cumulative and alternative powers
§ 4-35-30 Definitions
§ 4-35-40 Powers of governing body with respect to improvements; means of financing
§ 4-35-50 Requisites for establishment of improvement district; power to implement and finance improvement plan
§ 4-35-60 Resolution describing improvement district and plan, including costs and assessments; establishing time and place of hearing
§ 4-35-70 Publication of resolution providing for improvement district; public hearing
§ 4-35-80 Improvements financed through assessments, bonds, general revenues, or combination of sources
§ 4-35-90 Financing discretionary with governing body; assessment rates may vary
§ 4-35-100 Preparation of assessment roll
§ 4-35-110 Notice of improvement and assessment; statement of lien; time and place for hearing; opportunity to file written objection; failure to file objection constitutes consent
§ 4-35-120 Hearing of objections and supporting proof; corrections to assessment; confirmation of roll; filing of copy; lien created; assessment and collection together with property taxes
§ 4-35-130 Mailing of notice of confirmation to persons who filed objections; appeal to court; hearing; effect
§ 4-35-140 Creation of improvement district by ordinance; filing
§ 4-35-150 Improvement ownership, removal, additions, and alterations; special assessments
§ 4-35-160 Abolition of district; notice and hearing

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Terms Used In South Carolina Code > Title 4 > Chapter 35 - County Public Works Improvement Act

  • Academic medical center: means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects, and other hospital research programs conducting research as a subrecipient with the academic medical center as the prime awardee. See South Carolina Code 44-53-1810
  • Active license: means the status of an authorization to practice that has been renewed for the current period and authorizes the licensee to practice in this State. See South Carolina Code 40-47-20
  • Administrative hearing officer: means a physician designated by the board or director. See South Carolina Code 40-47-20
  • Administrator: means the individual to whom the director has delegated authority to administer the programs of a specific board or of a professional or occupational group for which the department has regulatory authority or has delegated authority to administer the programs of a specific board;

    (2) "Authorization to practice" or "Practice authorization" means the approval to practice the specified profession, engage in the specified occupation, or use a title protected under this article, which has been granted by the applicable board. See South Carolina Code 40-1-20
  • Adverse action: means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both. See South Carolina Code 40-45-520
  • Adverse disciplinary action: means a final decision by a United States or foreign licensing jurisdiction, a peer review group, a health care institution, a professional or medical society or association, or a court, which action was not resolved completely in the licensee's favor. See South Carolina Code 40-47-20
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Affordable housing: means housing affordable to families whose incomes do not exceed eighty percent of the median income for the service area or areas within the jurisdiction of the governmental entity. See South Carolina Code 6-1-920
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved source: means a provider approved by the United States Food and Drug Administration which produces cannabidiol that:

    (a) has been manufactured and tested in a facility approved or certified by the United States Food and Drug Administration or similar national regulatory agency in another country which has been approved by the United States Food and Drug Administration; and

    (b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans. See South Carolina Code 44-53-1810
  • Approved written scope of practice guidelines: means specific statements developed by a physician or the medical staff and a physician assistant that establish physician delegation for medical aspects of care, including the prescription of medications. See South Carolina Code 40-47-20
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means an assessment voluntarily agreed upon by a majority of the owners of real property within an improvement district and representing at least sixty-six percent of the assessed value of all real property within the improvement district. See South Carolina Code 4-35-30
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authority: means the Lake Paul A. See South Carolina Code 49-33-10
  • Authorized delegate: means an individual who is approved as having access to the prescription monitoring program and who is directly supervised by an authorized practitioner or pharmacist. See South Carolina Code 44-53-1630
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Board: means the State Board of Physical Therapy Examiners. See South Carolina Code 40-45-20
  • Board: means the State Board of Medical Examiners for South Carolina. See South Carolina Code 40-47-20
  • Board: means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Safe Drinking Water Act. See South Carolina Code 44-55-20
  • Board-approved credentialing organization: means an organization that offers a certification examination in a specialty area of practice, establishes scope and standards of practice statements, and provides a mechanism approved by the board for evaluating continuing competency in a specialized area of practice. See South Carolina Code 40-47-20
  • Boat: means a vessel. See South Carolina Code 50-21-10
  • Business days: means every day except Saturdays, Sundays, and legal holidays. See South Carolina Code 40-47-20
  • Cancellation: means the withdrawal or invalidation of an authorization to practice that was issued to an ineligible person either in error or based upon a false, fraudulent, or deceptive representation in the application process. See South Carolina Code 40-47-20
  • Cannabidiol: means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0. See South Carolina Code 44-53-1810
  • Capital improvements: means improvements with a useful life of five years or more, by new construction or other action, which increase or increased the service capacity of a public facility. See South Carolina Code 6-1-920
  • Capital improvements plan: means a plan that identifies capital improvements for which development impact fees may be used as a funding source. See South Carolina Code 6-1-920
  • Certification: means approval by an established body, other than the board, but recognized by the board, that recognizes the unique, minimal requirements of specialized areas of practice. See South Carolina Code 40-47-20
  • Childcare facility: means a structure or portion of a structure in which children are present on a regular basis, including a structure used as a school, nursery, childcare facility, or other facility catering to the needs of children, including an outbuilding, fencing, or other structure used in conjunction with the structure. See South Carolina Code 44-53-1320
  • children: means a person under six years of age. See South Carolina Code 44-53-1320
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • CMA: means a person who is a graduate of a post-secondary medical assisting education program accredited by the National Healthcare Association, or its successor; by the Committee on Allied Health Education and Accreditation of the American Medical Association, or its successor; by the Accrediting Bureau of Health Education Schools, or its successor; or by any accrediting agency recognized by the United States Department of Education. See South Carolina Code 40-47-20
  • Commission: means the national administrative body whose membership consists of all states that have enacted the compact. See South Carolina Code 40-45-520
  • Commissioner: means the commissioner of the department or his authorized agent. See South Carolina Code 44-55-20
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation: means , to minimize or prevent depletion or waste of the water resource. See South Carolina Code 49-23-20
  • Construction permit: means a permit issued by the department authorizing the construction of a new public water system or the expansion or modification of an existing public water system. See South Carolina Code 44-55-20
  • Contamination: means the adulteration or alteration of the quality of the water of a public water system by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article. See South Carolina Code 44-55-20
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substances: means those substances listed in Schedules II, III, and IV of the schedules provided for in Sections 44-53-210, 44-53-230, 44-53-250, and 44-53-270. See South Carolina Code 44-53-1630
  • convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Criminal history: means a federal, state, or local criminal history of conviction or a pending charge or indictment of a crime, whether a misdemeanor or a felony, that bears upon a person's fitness or suitability for an authorization to practice with responsibility for the safety and well-being of others. See South Carolina Code 40-47-20
  • Cross-connection: means any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. See South Carolina Code 44-55-20
  • Crustacean: means all forms of crabs, shrimp, crayfish, stone crabs, lobsters, and other motile fish having a chitonized shell excluding snails and horseshoe crabs. See South Carolina Code 50-5-15
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delegated medical acts: means additional acts delegated by a physician or dentist to a physician assistant, respiratory care practitioner, anesthesiologist's assistant, or other practitioner authorized by law under approved written scope of practice guidelines or approved written protocols as provided by law in accordance with the applicable scope of professional practice. See South Carolina Code 40-47-20
  • Dentist: means a dentist licensed by the South Carolina Board of Dentistry. See South Carolina Code 40-47-20
  • Department: means the Department of Natural Resources. See South Carolina Code 49-23-20
  • Department: means the South Carolina Department of Natural Resources. See South Carolina Code 49-30-30
  • Department: means the Department of Natural Resources. See South Carolina Code 49-33-10
  • 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
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 44-53-1320
  • Department: means the South Carolina Department of Health and Environmental Control, including personnel authorized and empowered to act on behalf of the department or board. See South Carolina Code 44-55-20
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-55-1310
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Developer: means an individual or corporation, partnership, or other entity undertaking development. See South Carolina Code 6-1-920
  • Development: means construction or installation of a new building or structure, or a change in use of a building or structure, any of which creates additional demand and need for public facilities. See South Carolina Code 6-1-920
  • Development permit: means a permit issued for construction on or development of land when no subsequent building permit issued pursuant to Chapter 9 of Title 6 is required. See South Carolina Code 6-1-920
  • Diffused surface water: means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies. See South Carolina Code 49-23-20
  • Disciplinary action: means a final decision and sanction imposed at the conclusion of a disciplinary proceeding. See South Carolina Code 40-47-20
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispenser: means a person who delivers a Schedule II-IV controlled substance to the ultimate user, but does not include:

    (a) a licensed hospital pharmacy that distributes controlled substances for the purpose of inpatient hospital care or dispenses prescriptions for controlled substances at the time of discharge from the hospital;

    (b) a practitioner or other authorized person who administers these controlled substances; or

    (c) a wholesale distributor of a Schedule II-IV controlled substance. See South Carolina Code 44-53-1630
  • Donor: The person who makes a gift.
  • Drought: means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State. See South Carolina Code 49-23-20
  • Drought indices: means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, sustained decline in potable drinking water supplies, agricultural stress, low soil moisture, and low precipitation. See South Carolina Code 49-23-20
  • Drought Response Committee: means the committee created under § 49-23-60 to be convened to address drought related problems and responses. See South Carolina Code 49-23-20
  • Drug control: means the Department of Health and Environmental Control, Bureau of Drug Control. See South Carolina Code 44-53-1630
  • Dwelling: means a structure, all or part of which is designed or used for human habitation, including a primary residence, secondary residence, outbuilding, fencing, or other structure used in conjunction with the structure. See South Carolina Code 44-53-1320
  • Dwelling unit: means a room, group of rooms, or other areas of a dwelling. See South Carolina Code 44-53-1320
  • Entity: means a sole proprietorship, partnership, limited liability partnership, limited liability corporation, association, joint venture, cooperative, company, corporation, or other public or private legal entity authorized by law. See South Carolina Code 40-47-20
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Extreme drought: means that the drought has increased to extreme levels as demonstrated by drought indices. See South Carolina Code 49-23-20
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee payor: means the individual or legal entity that pays or is required to pay a development impact fee. See South Carolina Code 6-1-920
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • FERC licensee: means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake. See South Carolina Code 49-30-30
  • Final decision: means an order of the board that concludes a license application proceeding or formal disciplinary proceeding. See South Carolina Code 40-47-20
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
  • Formal complaint: means a formal written complaint charging misconduct by a respondent in violation of this chapter, Chapter 1 of Title 40, or any other provision of law. See South Carolina Code 40-47-20
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the Public Waters Nuisance Abatement Fund. See South Carolina Code 49-30-30
  • Governing body: means the governing body of a county. See South Carolina Code 4-35-30
  • Governmental entity: means a county, as provided in Chapter 9 of Title 4, and a municipality, as defined in § 5-1-20. See South Carolina Code 6-1-920
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Householder: means the occupant of a dwelling or dwelling unit or the occupant's agent, the owner of an unoccupied dwelling unit or the owner's agent, or the owner or occupant of a childcare facility or the owner's or occupant's agent. See South Carolina Code 44-53-1320
  • Human consumption: means water used for drinking, bathing, cooking, dish washing, and maintaining oral hygiene or other similar uses. See South Carolina Code 44-55-20
  • impact fee: means a payment of money imposed as a condition of development approval to pay a proportionate share of the cost of system improvements needed to serve the people utilizing the improvements. See South Carolina Code 6-1-920
  • Improvement district: means an area within the county designated by the governing body pursuant to the provisions of this chapter and within which an improvement plan is to be accomplished. See South Carolina Code 4-35-30
  • Improvement plan: means the overall plan by which the governing body proposes to effect improvements within an improvement district to preserve property values, prevent deterioration, and preserve the tax base. See South Carolina Code 4-35-30
  • Improvements: means recreational facilities, pedestrian facilities, sidewalks, storm drains, or water course facilities or improvements, the relocation, construction, widening, and paving of roads and streets, any building or other facilities for public use, any public works eligible for financing pursuant to § 6-21-50, and may include the acquisition of necessary easements and land and all things incidental to the provision of the above. See South Carolina Code 4-35-30
  • Inactive license: means the official temporary retirement of a person's authorization to practice upon the person's notice to the board that the person does not wish to practice. See South Carolina Code 40-47-20
  • Incipient drought: means that there is a threat of a drought as demonstrated by drought indices. See South Carolina Code 49-23-20
  • Incompetence: means the failure of a licensee to demonstrate and apply the knowledge, skill, and care that is ordinarily possessed and exercised by other practitioners of the same licensure status and required by the generally accepted standards of the profession. See South Carolina Code 40-47-20
  • Independent credentials verification organization: means an entity approved by the board to provide primary source verification of an applicant's identity, medical education, postgraduate training, examination history, disciplinary history, and other core information required for licensure in this State. See South Carolina Code 40-47-20
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Initial complaint: means a brief statement that alleges misconduct on the part of a licensee. See South Carolina Code 40-47-20
  • Initial licensure: means the first authorization to practice issued to a person by a licensing authority in this State or any other state. See South Carolina Code 40-47-20
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Lake: means Lake Paul A. See South Carolina Code 49-33-10
  • Land use assumptions: means a description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a ten-year period. See South Carolina Code 6-1-920
  • Lead poisoning: means a blood lead level at an elevation hazardous to health as established by the Department of Health and Environmental Control. See South Carolina Code 44-53-1320
  • Lead-based hazard: means a condition that causes exposure to lead from lead-contaminated paint, lead-contaminated dust, bare lead-contaminated soil, or other lead-based substance that is deteriorated in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. See South Carolina Code 44-53-1320
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Letter of caution or concern: means a written caution or warning about past or future conduct issued when it is determined that no misconduct has been committed. See South Carolina Code 40-47-20
  • Level of service: means a measure of the relationship between service capacity and service demand for public facilities. See South Carolina Code 6-1-920
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a current document authorizing a person to practice. See South Carolina Code 40-47-20
  • Licensed in good standing: means that one's authorization to practice has not been revoked and there are no restrictions or limitations currently in effect. See South Carolina Code 40-47-20
  • Licensed lake: means a public water of the State consisting of an impoundment and its associated hydropower facility that is licensed by the Federal Energy Regulatory Commission (FERC). See South Carolina Code 49-30-30
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited license: means a current time-limited and practice-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local planning commission: means the entity created pursuant to Article 1, Chapter 29 of Title 6. See South Carolina Code 6-1-920
  • Medical staff: means licensed physicians who are approved and credentialed to provide health care to patients in a hospital system or a facility that provides health care. See South Carolina Code 40-47-20
  • Member state: means a state that has enacted the compact. See South Carolina Code 40-45-520
  • Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
  • Misconduct: means violation of any of the provisions of this chapter or regulations promulgated by the board pursuant to this chapter or violation of any of the principles of ethics as adopted by the board or incompetence or unprofessional conduct. See South Carolina Code 40-47-20
  • Navigation: means the ability of a registered or documented self-propelled watercraft equipped with motor and rudder controls located at a point on the watercraft from which there is forward visibility over at least a one hundred eighty degree range to navigate to a department approved marine pump-out station. See South Carolina Code 49-30-30
  • 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.
  • Noncommunity water system: means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system. See South Carolina Code 44-55-20
  • Oath: A promise to tell the truth.
  • Operating permit: means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system. See South Carolina Code 44-55-20
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Osteopathic medicine: means a complete school of medicine and surgery utilizing all methods of diagnosis and treatment in health and disease and placing special emphasis on the interrelationship of the musculo-skeletal system to all other body systems. See South Carolina Code 40-47-20
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person twenty-one years of age or older, or the proper legal representative for a person younger than twenty-one years of age, and a firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, and future interest) and who owns, at the date of the petition or written consent, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate, and a duly organized group whose tax interest is at least equal to a one-tenth interest in a single tract. See South Carolina Code 4-35-30
  • Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party state: means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege. See South Carolina Code 40-45-520
  • Passive soil-based on-site disposal system: means a nongravel, nonmechanical, soil absorption trench used to collect, treat, and discharge, or reclaim wastewater or sewage from a small on-site wastewater system generating less than fifteen hundred gallons per day, large on-site wastewater system generating equal to or greater than fifteen hundred gallons per day, or community, cluster, or commercial wastewater system, served by either gravity or pump distribution, without the use of communitywide sewers or a centralized treatment facility. See South Carolina Code 44-55-1310
  • Patient: means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed, or both. See South Carolina Code 44-53-1630
  • Person: means all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or another state or country. See South Carolina Code 49-23-20
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Person: means an individual. See South Carolina Code 40-45-20
  • Person: means a natural person, male or female. See South Carolina Code 40-47-20
  • Person: means an individual, firm, corporation, association, trust, or partnership. See South Carolina Code 44-53-1320
  • Person: means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or its legal representative, agent, or assigns. See South Carolina Code 44-55-20
  • Personal property: All property that is not real property.
  • physical therapy: as used in this chapter , and nothing in this chapter shall be construed to authorize a physical therapist to prescribe medications or order laboratory or other medical tests. See South Carolina Code 40-45-20
  • Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 40-47-20
  • Physician: means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. See South Carolina Code 44-53-1810
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Practice agreement: means a written agreement developed by an NP, CNM, or CNS and a physician or medical staff who agrees to work with and to support the NP, CNM, or CNS. See South Carolina Code 40-47-20
  • Practice of Medicine: means :

    (a) advertising, holding out to the public or representing in any manner that one is authorized to practice medicine in this State;

    (b) offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of any other person;

    (c) offering or undertaking to prevent or to diagnose, correct or treat in any manner, or by any means, methods, or devices, disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of a person, including the management of pregnancy and parturition;

    (d) offering or undertaking to perform any surgical operation upon a person;

    (e) rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient or the actual rendering of treatment to a patient within this State by a physician located outside the State as a result of transmission of individual patient data by electronic or other means from within a state to such physician or his or her agent;

    (f) rendering a determination of medical necessity or a decision affecting the diagnosis and/or treatment of a patient is the practice of medicine subject to all of the powers provided to the Board of Medical Examiners, except as provided in § 38-59-25;

    (g) using the designation Doctor, Doctor of Medicine, Doctor of Osteopathic Medicine, Physician, Surgeon, Physician and Surgeon, Dr. See South Carolina Code 40-47-20
  • Practitioner: means a person who has been issued an authorization to practice in this State. See South Carolina Code 40-47-20
  • Practitioner: means an individual authorized pursuant to state and federal law to prescribe controlled substances. See South Carolina Code 44-53-1630
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Presiding officer: means the chairman of the hearing panel or a designee. See South Carolina Code 40-47-20
  • Private reprimand: means a statement by the board that misconduct was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document. See South Carolina Code 40-47-20
  • privy: as used in this article shall be understood to include any and all buildings which are not connected with a system of sewage or with septic tanks of such construction and maintenance as are approved by the State Department of Health and Environmental Control and which are used for affording privacy in acts of urination or defecation. See South Carolina Code 44-55-210
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation: means the issuance of an authorization to practice conditioned upon compliance with terms and conditions imposed by a licensing board in this State or another state. See South Carolina Code 40-47-20
  • Project: means a particular development on an identified parcel of land. See South Carolina Code 6-1-920
  • Proportionate share: means that portion of the cost of system improvements determined pursuant to § 6-1-990 which reasonably relates to the service demands and needs of the project. See South Carolina Code 6-1-920
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public facilities: means :

    (a) water supply production, treatment, laboratory, engineering, administration, storage, and transmission facilities;

    (b) wastewater collection, treatment, laboratory, engineering, administration, and disposal facilities;

    (c) solid waste and recycling collection, treatment, and disposal facilities;

    (d) roads, streets, and bridges including, but not limited to, rights-of-way and traffic signals;

    (e) storm water transmission, retention, detention, treatment, and disposal facilities and flood control facilities;

    (f) public safety facilities, including law enforcement, fire, emergency medical and rescue, and street lighting facilities;

    (g) capital equipment and vehicles, with an individual unit purchase price of not less than one hundred thousand dollars including, but not limited to, equipment and vehicles used in the delivery of public safety services, emergency preparedness services, collection and disposal of solid waste, and storm water management and control;

    (h) parks, libraries, and recreational facilities;

    (i) public education facilities for grades K-12 including, but not limited to, schools, offices, classrooms, parking areas, playgrounds, libraries, cafeterias, gymnasiums, health and music rooms, computer and science laboratories, and other facilities considered necessary for the proper public education of the state's children. See South Carolina Code 6-1-920
  • Public reprimand: means a publicly available statement of the board that misconduct was committed by a person authorized to practice. See South Carolina Code 40-47-20
  • Public water system: means :

    (a) any publicly or privately owned waterworks system which provides water, whether bottled, piped, or delivered through some other constructed conveyance for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;

    (b) all structures and appurtenances used for the collection, treatment, storage, or distribution of water delivered to point of meter of consumer or owner connection;

    (c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of the water; however, a public water system does not include a water system serving a single private residence or dwelling. See South Carolina Code 44-55-20
  • Qualifying patient: means anyone who suffers from Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies. See South Carolina Code 44-53-1810
  • Quorum: The number of legislators that must be present to do business.
  • Reactivation: means the restoration to active status of an authorization from inactive status. See South Carolina Code 40-47-20
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reinstatement: means an action of the board in a disciplinary matter that authorizes the resumption of practice upon any terms or conditions ordered or agreed to by the board. See South Carolina Code 40-47-20
  • Relinquish: means to permanently cancel or invalidate an authorization instead of disciplinary proceedings or final decision by the board. See South Carolina Code 40-47-20
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Removal: means to completely extricate the entire structure from the public waters of this State. See South Carolina Code 49-30-30
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Respondent: means a person charged with responding in a disciplinary or other administrative action. See South Carolina Code 40-47-20
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocation: means the permanent cancellation or withdrawal of an authorization issued by the board. See South Carolina Code 40-47-20
  • Rule: means a regulation, principle, or directive promulgated by the commission that has the force of law. See South Carolina Code 40-45-520
  • Saltwater gamefish: means a species of saltwater fish designated as a saltwater gamefish in this title. See South Carolina Code 50-5-15
  • Service area: means , based on sound planning or engineering principles, or both, a defined geographic area in which specific public facilities provide service to development within the area defined. See South Carolina Code 6-1-920
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service unit: means a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements. See South Carolina Code 6-1-920
  • Shoreline: means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean. See South Carolina Code 50-5-15
  • Significant disciplinary action: means a public decision in a disciplinary matter that involves substantial issues of professional or ethical competence or qualification to practice. See South Carolina Code 40-47-20
  • State: means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy. See South Carolina Code 40-45-520
  • State identification bureau: means an authorized governmental agency responsible for receiving and screening the results of criminal history records checks in this State or another state. See South Carolina Code 40-47-20
  • Statute: A law passed by a legislature.
  • Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
  • Structure: means a structure located upon any public waters of this State, whether the structure is floating upon the waters and is made fast by the use of lines, cables, anchors, or pilings, or a combination of these, or is built upon pilings embedded in the beds of the public waters of the State when the structure is being used, has been used, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used primarily as a means of transportation upon these public waters; and is not owned, occupied, or possessed pursuant to a permit issued by the department. See South Carolina Code 49-30-30
  • Subpoena: A command to a witness to appear and give testimony.
  • Supervision: means the process of critically observing, directing, and evaluating another person's performance, unless otherwise provided by law. See South Carolina Code 40-47-20
  • Suspension: means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. See South Carolina Code 40-47-20
  • System improvement costs: means costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering, and other costs attributable to the improvements, and also including the costs of providing additional public facilities needed to serve new growth and development. See South Carolina Code 6-1-920
  • System improvements: means capital improvements to public facilities which are designed to provide service to a service area. See South Carolina Code 6-1-920
  • Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
  • Telemedicine: means the practice of medicine using electronic communications, information technology, or other means between a licensee in one location and a patient in another location with or without an intervening practitioner. See South Carolina Code 40-47-20
  • Temporary license: means a current, time-limited document that authorizes practice at the level for which one is seeking licensure. See South Carolina Code 40-47-20
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trap: is a n enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called "pot". See South Carolina Code 50-5-15
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • UAP: means persons not currently licensed by the Board of Nursing as nurses, or persons who are not certified medical assistants as defined in § 40-47-20(57), who perform routine nursing tasks that do not require a specialized knowledge base or the judgment or skill of a licensed nurse. See South Carolina Code 40-47-20
  • Unpermitted structure: means a structure whose owner did not obtain a permit pursuant to this chapter or a structure remaining after the expiration or revocation of its permit. See South Carolina Code 49-30-30
  • Unprofessional conduct: means acts or behavior that fail to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty. See South Carolina Code 40-47-20
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
  • Voluntary surrender: means forgoing the authorization to practice by the subject of an initial or formal complaint pending further order of the board. See South Carolina Code 40-47-20
  • Volunteer license: means authorization of a retired practitioner to provide medical services to others through an identified charitable organization without remuneration. See South Carolina Code 40-47-20
  • Water resources: means water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground. See South Carolina Code 49-23-20
  • Watercraft: means anything used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or anything that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
  • watershed: shall include the entire watershed of all streams, creeks and rivers that have a daily average flow of less than ten million gallons, but for watersheds of streams, creeks or rivers that have a daily average flow of more than ten million gallons, the watershed shall include only such drainage areas as lie within fifteen miles of the waterworks intake. See South Carolina Code 44-55-210
  • Well: means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. See South Carolina Code 44-55-20
  • Well driller: means an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or abandonment of any well as defined by this chapter. See South Carolina Code 44-55-20