(A) There is created the South Carolina State Board of Registration for Professional Engineers and Surveyors under the administration of the Department of Labor, Licensing and Regulation. The purpose of the board is to protect the health, safety, and welfare of the public by ensuring that only properly qualified and competent engineers and surveyors are licensed to practice, by promoting technical competency and ethical standards consistent with the Rules of Professional Conduct applicable to engineers and surveyors, and by appropriately disciplining those found in violation of laws governing engineering and surveying.

(B) The board shall consist of eight members appointed by the Governor, recommendations for appointment may be made by any individual or group, including the South Carolina Council of Engineering and Surveying Societies. Five members must be professional engineers, at least two of whom must be actively engaged in the practice of engineering; two members must be professional surveyors, at least one of whom must be actively engaged in the practice of surveying; and one member must be from the general public appointed in accordance with Section 40-22-40. Professional engineer and professional surveyor members must be selected from a list of qualified candidates submitted to the Governor by the South Carolina Council of Engineering and Surveying Societies. Members of the board shall serve for terms of five years and until their successors are appointed and qualify. No more than two engineers' terms shall expire in any calendar year; no more than one surveyor's term shall expire in any calendar year. In the event of a vacancy, the Governor shall appoint a person to fill the vacancy for the unexpired portion of the term.

(C)(1) Each engineering member of the board must:

(a) be a citizen of the United States and a resident of this State;

(b) be licensed in this State;

(c) have been engaged in the practice of engineering in this State for at least twelve years; and

(d) must have been in responsible charge of important engineering work for at least five years, which may include teaching engineering.

(2) Each surveyor member of the board must:

(a) be a citizen of the United States and a resident of this State;

(b) be licensed in this State;

(c) have been engaged in the practice of surveying in this State for at least twelve years; and

(d) have been in responsible charge of important surveying work for at least five years, which may include teaching surveying in an academic setting.

(3) The public member of the board must be a citizen of the United States and a resident of this State for at least twelve consecutive years.

(D) Board members must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board.

(E) The Governor may remove a member of the board pursuant to Section 1-3-240. Vacancies on the board must be filled for the unexpired portion of the term in the manner of the original appointment.

(F)(1) The board shall elect or appoint annually a chairman, a vice chairman, and a secretary.

(2) The board shall meet at least two times a year and at other times upon the call of the chairman or a majority of the board.

(3) A simple majority of the members of the board eligible to vote constitutes a quorum; however, if there is a vacancy on the board, a majority of the members serving constitutes a quorum.

(4) A board member is required to attend meetings or to provide proper notice and justification of inability to do so. Unexcused absences from meetings may result in removal from the board as provided for in Section 1-3-240.

(G) Neither the board nor any of its members, agents, or department employees are liable for acts performed in good faith during the course of their official duties.

HISTORY: 2000 Act No. 311, Section 1; 2016 Act No. 259 (S.685), Section 2, eff June 3, 2016.

Editor's Note

Prior Laws: 1991 Act No. 99, Section 1; 1976 Code Sections 40-22-70, 40-22-80, 40-22-100, 40-22-110, 40-22-120.

Effect of Amendment

2016 Act No. 259, Section 2, in (B), inserted ", at least two of whom must be actively engaged in the practice of engineering"; in (C), revised (1)(d), to include teaching, added (2)(d), and made other nonsubstantive changes; and deleted former (H), relating to membership on the board before and after January 1, 2008.