South Carolina § 40-1-80 - Investigations.

§ 40-1-80. Investigations.

(A) If the director has reason to believe that a person has violated a provision of this article or a regulation promulgated under this article or the licensing act or regulation of a board or that a licensee has become unfit to practice the profession or occupation or if a person files a written complaint with the board or the director charging a person with the violation of a provision of this article or a regulation promulgated under this article, the director may initiate an investigation.

(B) Within thirty days after an investigation is initiated, the director must send the licensee:

(1) a letter advising the licensee that a complaint has been filed and that an investigation has been initiated and a request that the licensee respond in writing within fourteen days;

(2) a copy of the complaint;

(3) the name of the complainant, unless the board believes good cause exists to withhold the name of the complainant; and

(4) all materials filed with the complaint.

(C) In conducting the investigation, the director may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the director, the director may apply to an administrative law judge for an order requiring the person to comply.

HISTORY: 1996 Act No. 453, SECTION 2; 2023 Act No. 13 (H.3605), SECTION 2, eff May 8, 2023.

Editor's Note

2023 Act No. 13, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'Earn and Learn Act of 2023'."

Effect of Amendment

2023 Act No. 13, SECTION 2, inserted (B) and redesignated former (B) as (C).