S.C. Code § 40-28-5
Application of other provisions to this chapter
Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to the profession regulated under this chapter.
South Carolina Code Title 40, Chapter 28 — Landscape Architects
South Carolina · statute · S.C. Code tit. 40, ch. 28 · 23 active provisions
Provisions
S.C. Code § 40-28-10
Board of Landscape Architectural Examiners; creation; appointment of members; terms
(A) There is created the Board of Landscape Architectural Examiners. The Department of Labor, Licensing and Regulation shall administer the provisions of this chapter. (B) The Governor shall appoint a board of five licensed landscape architects and two members of the general public. (C) A professional member of the boa…
S.C. Code § 40-28-20
Definitions
In addition to the definitions provided in Section 40-1-20, as used in this chapter, unless the context indicates otherwise: (1) "Board" means the Board of Landscape Architectural Examiners. (2) "Department" means the Department of Labor, Licensing and Regulation. (3) "Emeritus landscape architect" means a landscape ar…
S.C. Code § 40-28-30
Licensure; qualifications
(A) In order to safeguard public welfare, health, and property and to promote public good, a person practicing or offering to practice landscape architecture privately or in public service must submit evidence that he is qualified to practice and must become licensed as provided in this chapter. It is unlawful for a pe…
S.C. Code § 40-28-40
Application form for licensure
The department shall prescribe and furnish an application for licensure that an applicant must use to apply for a license under this chapter.
S.C. Code § 40-28-50
Seal of landscape architect
A landscape architect, upon licensure, shall obtain a seal of the design authorized by the board, bearing the name of the licensee, number of certificate or license, and the legend "South Carolina Registered Landscape Architect" or "South Carolina Licensed Landscape Architect". The seal only may be used while the licen…
S.C. Code § 40-28-60
Renewal of license; requirements; reinstatement of license after lapse; return to active practice of emeritus landscape architect
(A) A license issued under this chapter must be renewed every two years on or before a date set by the department upon the payment of a renewal fee pursuant to Section 40-28-80 and evidence of twenty hours of continuing education as established by the board in regulation. An emeritus landscape architect is exempt from…
S.C. Code § 40-28-70
Landscape architecture firms; certificate of authorization; qualifications; application forms; disciplinary actions
(A) The practice of or offer to practice landscape architecture through a firm is permitted only through entities holding a valid certificate of authorization issued by the board. For the purposes of this section, a certificate of authorization is also required for a firm practicing in this State under a fictitious nam…
S.C. Code § 40-28-80
Administration of licensure program by Department of Labor, Licensing and Regulation; annual fees
(A) The program for licensure of landscape architects must be administered by the Department of Labor, Licensing and Regulation in accordance with Section 40-1-50. (B) The department annually shall prescribe reasonable fees, not to exceed the following prescribed limits, in an amount sufficient to pay for the costs of…
S.C. Code § 40-28-90
Promulgation of regulations by board authorized
The board may promulgate regulations necessary to carry out the provisions of this chapter.
S.C. Code § 40-28-100
Power of board or department to seek injunctive relief
In addition to the powers provided in Chapter 1, Title 40, the board or department may apply in the name of the State for relief by injunction to enforce the provisions of this chapter or to restrain a violation of this section. In these proceedings, the party seeking injunctive relief need not allege or prove that no…
S.C. Code § 40-28-110
Investigative procedures
An investigation must be conducted in accordance with Section 40-1-80.
S.C. Code § 40-28-120
Cease and desist orders and equitable relief
Cease and desist orders and equitable relief may be obtained in accordance with Section 40-1-100.
S.C. Code § 40-28-130
Grounds for disciplinary action
In addition to the grounds provided in Section 40-1-110, a person holding a license or certificate under this chapter may be subject to discipline for: (1) practicing in violation of the provisions of this chapter; (2) obtaining the certificate or license by fraud or misrepresentation; (3) aiding or abetting, in the pr…
S.C. Code § 40-28-140
Board may impose sanctions for violations
Upon determination by the board that one or more of the grounds for discipline exists, the board may impose a sanction pursuant to Sections 40-1-110 and 40-1-120.
S.C. Code § 40-28-150
Denial of licensure
The board may deny licensure to an applicant based on: (1) the same grounds for which it may take disciplinary action against a licensee; and (2) his prior criminal record as provided in Section 40-1-140.
S.C. Code § 40-28-160
Voluntary surrender of license when under investigation for violation
A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.
S.C. Code § 40-28-170
Person found in violation to pay costs of investigation and prosecution
A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case pursuant to Section 40-1-170.
S.C. Code § 40-28-180
Payment of cost and fine for violation
A cost and fine imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180. A person against whom a cost or fine is levied may not be eligible for the issuance or reinstatement of an authorization to practice until the cost or fine h…
S.C. Code § 40-28-190
Confidentiality of investigations and proceedings
An investigation and proceeding conducted under this chapter is confidential and all communications are privileged as provided in Section 40-1-190.
S.C. Code § 40-28-200
Department may institute civil action for injunctive relief, fine
The department, in addition to instituting a criminal proceeding, may institute a civil action through the Administrative Law Court, in the name of the State, for injunctive relief against a person violating this chapter or a regulation promulgated under this chapter. For a violation the administrative law judge may im…
S.C. Code § 40-28-210
Persons exempt from licensure requirements of chapter
This chapter may not be construed to require a license under this chapter for: (1) the practice of landscape architecture by a person who acts under the supervision of a licensed landscape architect or by an employee of a person lawfully engaged in the practice of landscape architecture and who in either event does not…
S.C. Code § 40-28-220
Transfer of functions, powers, duties, responsibilities, and authority to board
The functions, powers, duties, responsibilities, and authority statutorily exercised by the Department of Natural Resources concerning the registration and regulation of landscape architects are transferred to the board.