Coming home to your mailbox and finding out that consumer complaints or alleged violations threaten your electrician license is a great cause for concern. South Carolina electricians can face issues from building or electrical code violations, improper permitting, or ethical misconduct that imperil not only their credentials but future business and employment opportunities. The potential for disciplinary action from state agencies makes it critical to address allegations swiftly and strategically.
South Carolina state authorities possess substantial authority to manage allegations, meaning even the most minor violation can be met with intrusive investigations. Authorities have a relatively low burden of proof to establish when substantiating infractions, becoming grounds for the following sanctions for electricians:
- Fines that place significant financial burdens on businesses and individuals
- Probationary measures that restrict work and damage a professional reputation
- License suspension or revocation that ends the ability to work as an electrician in South Carolina
When your ability to work as an electrician hangs in the balance, the Lento Law Firm stands prepared to begin your defense. Our Professional License Defense Team is well-versed in how state authorities manage complaints and allegations.
Even though fines and orders to correct violations are common, license suspension and revocation are a real possibility. Whether you're managing the complaint process, disciplinary hearings, or filing appeals, we provide the help you need to protect your license and your livelihood. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
South Carolina Department of Labor, Licensing, and Regulation
Although the state of South Carolina does not require obtaining an electrician license to perform electrical work on systems under 50 volts, it mandates it for anything beyond that classification. Electricians are licensed under two primary categories, each governed by different regulatory bodies within the South Carolina Department of Labor, Licensing and Regulation (LLR).
The South Carolina Residential Builders Commission (the Commission) regulates electricians performing work on residential structures. With a residential electrical contractor license, individuals may perform work on any building or structure not exceeding three stories in height and containing no more than 16 units.
For electricians engaged in commercial or industrial projects exceeding $10,000, they need a mechanical contractor license with an electrical classification. Licensure is managed by the South Carolina Contractors' Licensing Board (the Board).
Electrician Prohibited Conduct
South Carolina electricians play a vital role in maintaining the safety and functionality of residential, commercial, and industrial electrical infrastructure. Although education and experience are vital to the profession, the state also enforces standards of conduct for licensees.
Understanding what constitutes misconduct is essential not only for remaining compliant with agency requirements but also for protecting one's reputation and credentials. Although it's not an exhaustive list, the following are grounds for disciplinary action:
- Gross negligence, performing substandard work, incompetence, or misconduct
- Contract abandonment or refusal to perform work without a legal excuse after submitting a bid
- Fraud, deceit, or misrepresentation of a material fact in obtaining a license or certification
- Knowingly entering into a contract with an unlicensed contractor for work to be performed for which a license is required
- False, misleading, or deceptive advertising that may lead to misleading the public or injury
- Convictions, guilty pleas, or pleas of nolo contendere on charges of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offenses
- Conviction, guilty pleas, or pleas of nolo contendere of a felony or a crime involving moral turpitude in connection with the electrical or construction profession
- Submitting a bid while a license is under suspension or probation
- Failure to obtain a building permit as required by local or state government
- Not maintaining a business address accessible to the public
- Failure to maintain the net worth, working capital, or surety bond requirements
- Attempting to serve in the capacity of primary qualifying party while under house arrest or incarcerated
- Departure from applicable state building codes or those of any political subdivisions therein
Violations don't normally come from Board or Commission members issuing allegations themselves. Most journeys through the grievance process begin with consumer complaints.
License Complaints and Investigations
It isn't just customers that can lodge complaints into an electrician in South Carolina—anyone can. They could come from community members who took issue with the work or the competency of licensees. They may also come anonymously from individuals claiming breaches of local ordinances, state laws, or the national or state electrical code.
LLR's Office of Investigation and Enforcement (OIE) is responsible for investigating complaints against individuals or companies. When the complaint is first received, a complaint analyst initially reviews the grievance to determine if the agency has jurisdiction, and may contact the accuser (complainant) for clarification or additional information in order to make that determination.
If the complaint analyst establishes a violation of Commission or Board regulations, the case is assigned to an investigator. Within 30 days, the accused (respondent) is notified in writing about the complaint, and the investigator invites them to respond. Over the course of the investigation, OIE may:
- Conduct an on-site inspection
- Issue subpoenas for relevant records
- Schedule interviews with witnesses
At the conclusion of the inquiry, the investigator will schedule an Investigation Review Conference (IRC) involving a state counsel, the chief investigator, a Board or Commission administrator, and a professional member appointed by the agency. The IRC evaluates the investigator's findings to determine if additional information is needed and decides whether the findings warrant a recommendation to the Board or Commission to do one of the following:
- Dismiss the complaint: The chief investigator sends a letter to the respondent, and the case is closed.
- Issue a letter of caution: The agency administrator files a non-disciplinary admonition that explains that no statutory violation exists and that the matter is dismissed, but cautions the respondent to be mindful of a particular statute or regulation.
- Proceed with a formal complaint: LLR's Office of Disciplinary Counsel prepares a formal complaint outlining the charges and alleged violations and serves it to the respondent.
Although complex cases may take longer, OIE tends to wrap up investigations within 180 days. The state agency in charge has the final authority on the outcome of the investigation, and can accept the IRC's recommendation or make its own determination.
Formal Complaint Process and Consent Agreements
When the Board or Commission seeks a formal complaint, respondents are given the opportunity to accept informal discipline by signing a consent agreement. The arrangement lays out the investigated facts, corresponding violations, and subsequent penalties, which the respondent and the agencies can agree to. Once signed, the Board or Commission discusses the disposition in a meeting, which can then accept or reject the consent agreement.
One of the advantages of entering into a consent agreement is the opportunity to resolve the matter without undergoing a contested case. Not only does it expedite the disciplinary process but it often reflects a level of cooperation with the licensing authority. However, there are major drawbacks.
When an electrician signs a consent agreement, they waive their right to contest the allegations at a formal hearing, which may prevent them from presenting mitigating evidence or other measures of defense that could have led to a dismissal or reduction in charges. Moreover, the terms of a consent agreement may still involve significant sanctions, including fines, license restrictions, or other compliance obligations, since the agreement is considered a public disciplinary action and will be reflected in the electrician's permanent record, potentially harming their professional reputation and limiting future employment or contracting opportunities. Therefore, it's essential to choose to have a full hearing before a South Carolina Administrative Law Court (ALC).
ALC Contested Cases
When electricians file a petition with the ALC, they are normally assigned to an administrative law judge (ALJ) within one week. Respondents should receive a Notice of Assignment within a few days containing the case caption, docket number, and the name of the ALJ assigned to the case.
Before proceedings begin, the ALJ will likely schedule a pre-hearing conference where both parties will meet. The effort is aimed at both sides coming to an informal disposition through stipulation agreements or consent orders. If a settlement is reached, the ALJ will review the matter and file it with state authorities, which the Board or Commission then votes on at their next regularly scheduled meeting.
Contested case hearings are conducted similarly to court trials but with fewer formalities. The Board or the Commission is represented by an attorney from the LLR's Office of Disciplinary Counsel. Respondents have the right to appear alone or to be represented by an attorney. Since it has the burden of proof, the state presents its case first. Nevertheless, the ALJ may decide to allow both parties to make an opening statement prior to the full procedural proceeding.
After the hearing ends, the ALJ will issue a decision. Their determination will affirm the previous judgment, reverse it, modify sanctions, or remand the matter for further review. The Board or Commission will then vote on the disposition and has the authority to take the decision under advisement and issue its own verdict. Respondents have 30 days to appeal an adverse order of the Board or Commission back to the ALC.
Sanctions for South Carolina Electricians
Both agencies operating under LLR reserve the authority impose a myriad of punishments for substantiated violations. Yet, each outcome depends on more than just the case at hand, but also the licensee's previous disciplinary history, cooperation with investigators, and effort toward rehabilitation.
In some cases, the Board or Commission may levy a private reprimand, which is more severe than a letter of caution but is not reported to the public. However, a majority of the time, sanctions are serious enough to cause a change in license status or are reported through public databases, such as the following:
- Public reprimand: An official warning that becomes part of the electrician's permanent licensing record, normally issued for minor violations or first-time infractions where the behavior did not cause significant harm but nonetheless warranted corrective action.
- Probation: Conditional punishment in which the electrician must comply with certain terms, such as supervision by another licensee, periodic audits, mandatory continuing education, or submission to inspections for a defined period.
- License suspension: A temporary prohibition from legally working typically imposed for moderate to serious violations, such as repeated code violations, fraudulent conduct, or posing a safety risk to the public.
- License revocation: The permanent removal of an individual's authority to practice as a licensed electrician in South Carolina, but in some cases, reinstatement may be possible after a waiting period and demonstration of rehabilitation.
The Board or Commission may, in addition to all other disciplinary actions, require a licensee to pay a civil penalty of up to five thousand dollars for each violation. While neither agency adjudicates contractual disputes, they may order—in rare cases—restitution as part of a consent agreement or disciplinary order—particularly if the violation caused direct harm to a consumer and the electrician failed to complete contracted work or correct faulty installations.
Critically, disciplinary records are public, which can damage their professional—and even personal—reputation, deterring potential clients and discouraging employers from hiring. Therefore, it's imperative that before allegations arise, electricians know where they should turn for assistance to maintain their credentials and ability to work.
Defend Your South Carolina Electrician License with the Lento Law Firm
Holding a license to conduct electrical work in the residential, commercial, or industrial sector signifies more than just professional qualifications and expertise. A South Carolina license represents public trust and a dedication to strict safety standards. Despite the time and effort individuals put into their vocation, it takes one complaint or allegation to put an electrician's entire career at risk.
The Lento Law Firm understands that every allegation deserves legal assistance to protect the ability to work and maintain an income and career goals. Whether complaints or violations originate from allegations of fraudulent practices, safety concerns, or building code violations, it demands attention from us.
Our Professional License Defense Team evaluates the allegations made against you, analyzes associated Board or Commission regulations, and develops a strategic response. Take full advantage of every opportunity to protect your ability to work in Charleston, Columbia, Spartanburg, Greenville, Myrtle Beach, Florence, and elsewhere throughout South Carolina. Call the Lento Law Firm Professional License Defense Team today at 888-535-3686 or fill out our confidential consultation form, and we will contact you.
