South Carolina Code of Regulations Chapter 132 - SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD
I. Overview of Chapter 131 (Purpose and Authority)
Chapter 131 implements the South Carolina Geologists Licensing Act (Title 40, Chapter 65 of the South Carolina Code).
It governs how the State Board of Registration for Geologists:
Licenses professional geologists
Sets ethical and professional standards
Investigates complaints
Disciplines licensees
Conducts examinations and hearings
The Board operates under the Department of Labor, Licensing and Regulation (LLR) and exercises quasi-judicial authority, meaning it can make binding decisions affecting a person’s right to practice geology in South Carolina.
II. Composition and Powers of the Board
A. Board Composition
Chapter 131 specifies:
The number of board members
Required professional qualifications
Terms of service
Grounds for removal
Legal significance:
Courts require that licensing boards strictly follow statutory composition rules. An improperly constituted board may invalidate its own actions.
Case principle applied:
South Carolina courts have held that administrative boards must strictly comply with enabling statutes, or their actions may be void.
B. General Powers
The Board may:
Adopt regulations
Approve or deny licenses
Administer examinations
Issue subpoenas
Conduct hearings
Impose discipline (suspension, revocation, fines)
Key legal limitation:
The Board cannot exceed authority granted by statute.
Case law principle:
An administrative agency “has only those powers expressly granted or necessarily implied by statute.”
This principle is repeatedly affirmed in South Carolina administrative law cases involving professional boards.
III. Licensing Requirements and Examination
A. Education and Experience
Chapter 131 details:
Minimum academic credentials (geology or closely related field)
Required supervised professional experience
Acceptable substitutions or equivalencies
Legal standard:
The Board may evaluate credentials but must apply uniform criteria and cannot act arbitrarily.
Relevant case principle:
South Carolina courts require licensing standards to be:
Rationally related to public protection
Applied consistently
Supported by substantial evidence
B. Examinations
The Board:
Approves examination content
Determines passing scores
May recognize national examinations
Due process requirement:
Applicants must be:
Given notice of exam requirements
Treated equally
Allowed review procedures if permitted by regulation
IV. Code of Professional Conduct
Chapter 131 establishes ethical duties, including:
Protection of public health, safety, and welfare
Avoidance of fraudulent or deceptive practices
Truthful representations of qualifications
Avoidance of conflicts of interest
Proper supervision of geological work
Legal importance:
Ethical rules are enforceable even if conduct is not criminal.
Case law principle:
South Carolina courts recognize that professional misconduct standards may be broader than criminal statutes, as their purpose is public protection, not punishment.
V. Complaints, Investigations, and Discipline
A. Grounds for Discipline
Discipline may be imposed for:
Fraud or misrepresentation
Gross negligence or incompetence
Ethical violations
Practicing without proper licensure
Aiding unlicensed practice
B. Investigative Authority
The Board may:
Investigate complaints
Subpoena witnesses and records
Use investigators from LLR
Limitations:
Investigations must comply with:
Due process
Administrative Procedures Act (APA)
Constitutional protections
C. Disciplinary Hearings
Chapter 131 incorporates:
Notice requirements
Opportunity to be heard
Presentation of evidence
Right to counsel
Key legal standard:
The Board acts in a quasi-judicial capacity, and its decisions must be supported by substantial evidence.
VI. Judicial Review of Board Decisions
A. Administrative Procedures Act (APA)
Appeals from Board decisions go to:
Administrative Law Court (ALC)
Then to appellate courts if necessary
B. Standard of Review
Courts will not substitute their judgment for the Board’s expertise unless the decision is:
Arbitrary or capricious
Affected by error of law
Clearly erroneous
Unsupported by substantial evidence
In violation of constitutional rights
VII. Case Law Applicable to Chapter 131 (Even If Not Geologist-Specific)
Because there are few reported cases involving geologists specifically, South Carolina courts apply general professional licensing precedents from cases involving engineers, surveyors, medical boards, and other licensed professions.
1. Substantial Evidence Rule
Courts consistently uphold disciplinary decisions when:
Evidence is credible
Findings are explained
Procedures are followed
Even conflicting evidence does not invalidate a decision if substantial evidence supports it.
2. Due Process in Licensing Discipline
South Carolina courts require:
Adequate notice of charges
Meaningful opportunity to respond
Impartial decision-makers
Failure to provide these protections can result in reversal.
3. Agency Deference
Courts defer to:
Technical expertise of licensing boards
Interpretation of their own regulations
Unless interpretation is plainly erroneous.
4. Public Protection Doctrine
Licensing laws are construed broadly to:
Protect public safety
Maintain professional standards
This doctrine supports disciplinary authority even where harm is potential rather than actual.
VIII. Practical Legal Impact of Chapter 131
Chapter 131:
Makes geology a regulated profession
Creates enforceable ethical obligations
Gives the Board authority equivalent to a court in disciplinary matters
Allows license denial or revocation even without criminal conviction
Subjects geologists to ongoing professional oversight
IX. Summary
Chapter 131 is legally significant because it:
Implements statutory licensing authority
Establishes binding ethical standards
Provides procedural safeguards
Grants disciplinary power subject to judicial review
Is interpreted using established South Carolina administrative and licensing case law
Even though reported cases directly involving geologists are rare, South Carolina courts apply the same legal framework used for other professional boards, ensuring consistency across regulated professions.
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