US Laws, Codes, Statutes & Cases

This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

(Statutory Authority: 1976 Code Section 40-65-10)

116-1. Duties and Responsibilities of Professional Soil Classifiers Advisory Council.

A. The Professional Soil Classifiers Advisory Council (hereinafter "Council") shall perform administrative duties in accordance with the policies and procedures of the Professional Soil Classifiers Registration Program of the Department of Natural Resources (hereinafter "Department").

B. The Council shall:

(1) Assist the Department in administering examinations.

(2) Make recommendations to the Department on all applications for registration.

(3) Recommend policies and procedures to the Department and put into effect those policies and procedures approved by the Department.

(4) Serve as a liaison between the Department and all registered soil classifiers.

(5) Keep the registrants informed of Department policies, services, activities and procedures and explain any questions the registrants may have on these matters.

(6) Enlist the support of registrants for proposed changes in policies, services, activities and procedures.

(7) Initiate constructive changes in policies, services, activities and procedures.

(8) Advise the Department in matters relating to soil classifying.

116-2. Practice of Soil Classifying.

A. Any service or work, where the adequate performance requires education in the physical, chemical, biological and soil sciences, training and experience in the application of the special knowledge of these sciences to soil classification and soil classification by accepted principles and methods, investigation, evaluation and consultation on the effect of soil properties, observed and inferred, upon various uses.

B. The preparation of soil descriptions, maps (analog or digital) and reports and interpretive drawings, maps (analog or digital) and reports of soil properties and the effect of soil properties upon the various uses.

C. The effect of the various uses upon kinds of soil, any of which embraces such service or work either public or private incidental to the practice of soil classifying.

D. A person shall be construed to practice or offer to practice soil classifying within the meaning and intent of this chapter who by verbal claim, sign, advertisement, letterhead, card or use of some other title represents himself to be a soil classifier.

E. In addition to those professions or work listed in Section 116-7 of these Regulations, a person shall not be construed to practice or offer to practice soil classifying when they sample and test soil for fertility status or construction materials, engineering surveys and soundings to determine soil properties influencing the design and construction of engineering and architectural projects.

F. Notwithstanding the foregoing provisions, a person shall not be construed to practice soil classifying unless he or she offers soil classifying services to or performs such soil classifying for the public.

116-3. Registration.

A. An applicant for registration as a professional soil classifier or certification as a soil classifiers-in-training shall submit a completed application and the prescribed application fee to the Department.

B. An applicant otherwise qualified must be admitted to registration as a professional soil classifier if he or she has fifteen or more semester hours of approved soil courses as recognized by the Department, has successfully passed an examination in the principles and practice of soil classifying as prescribed by the Department, has completed two or more years of training under the supervision of a registered soil classifier or someone who meets the minimum academic and experience requirements of a registered soil classifier, and has one of the following additional qualifications:

(1) Is a person who has earned a bachelor's degree or equivalent in a curriculum approved by the Department and with a specific record of two years or more of experience of a grade and character which indicates to the Department that the applicant is competent to practice soil classifying; or

(2) Is a person who has earned a bachelor's degree or equivalent in one of the natural sciences and has six years or more experience in soil classifying work of a character and grade which indicates to the Department that the applicant is competent to practice soil classifying; or

(3) Is a person who holds a valid soil classifier-in-training certificate with a specific record of two years or more experience as a soil classifier-in-training or a grade and character which indicates to the Department that the applicant is competent to practice soil classifying; or

(4) Is a person who is an extension specialist, researcher or teacher of soils in a college or university and has two or more years of soil classifying experience of a character and grade which indicates to the Department that the applicant is competent to practice soil classifying.

C. Unless otherwise qualified, a person must be admitted to certification as a soil classifier-in-training, which certification is valid for two years, if he is person who is:

(1) A person who has earned a bachelor's degree or equivalent in a curriculum approved by the Department and has passed an examination in the fundamentals of soil classification; or

(2) An applicant who has completed a curriculum not approved by the Department and who has a specific record for four years of soil classification experience of which two years must be under the supervision of a registered soil classifier or someone who meets the minimum academic and experience requirements of a registered soil classifier and who passes an examination in the fundamentals of soil classification.

D. The application for registration as a professional soil classifier shall be accompanied by a certified copy of the official transcript of credits for all applicable degrees earned by the applicant. The applicant shall have five (5) references, three of which shall be professional soil classifiers having personal knowledge of his or her soil classifying experience. The applicant shall provide a record and description of employment service sufficient to document his or her experience.

E. The applicant for certification of a soil classifier-in-training shall be accompanied by a certified copy of the official transcript of credits for all applicable degrees earned by the applicant. The applicant shall submit three references who are knowledgeable of the applicant's character. The applicant shall provide a record and description of employment service.

F. The Department shall provide each registered Professional Soil Classifier with a roster of the Professional Soil Classifiers by March 1 annually.

G. Certificates of registration expire on December 31 each year and the following shall apply:

(1) If the annual registration fee is not paid by March 1, it becomes delinquent and a penalty fee must be added to the amount of the renewal fee.

(2) If the annual registration fee and penalty are not paid within ninety days of the expiration date, the soil classifier's certificate of registration must be suspended after the expiration of thirty days from the date of mailing of notice of the delinquency by registered or certified mail, return receipt requested, postage prepaid and addressed to the soil classifiers at his or her address as it appears in the records in the Department. The notice of delinquency must state that upon the expiration of time allowed his or her certificate of registration must be suspended unless, within time allowed, the annual certificate of registration fee and penalty are remitted.

(3) After the certificate of registration has been suspended for three years or less, registration may be renewed by payment of annual renewal fee for each delinquent year, plus the penalty for each year, and such proof of the soil classifier's qualifications as required by the Department. If registration remains expired for three years or longer, renewal is not permitted and application for registration is to be the same as for initial registration.

H. The Department may permit the practice of soil classifying in this State under a soil classifiers license issued by the laws of any other state, upon payment of the current fee established by the Department, upon submission of evidence satisfactory to the Department:

(1) That the other state maintains a system and standard of qualifications and examinations for a soil classifiers certificate of registration which were substantially equivalent to those required in this State at the time the certificated of registration was issued by the other state;

(2) That the other state provide similar recognition and endorsement to soil classifier certificates of registration of this State.

116-4. Examinations.

A. An examination shall be scheduled when an applicant has been received by the Department and the applicant meets the minimum standards established by the Department.

B. An applicant for a soil classifier-in-training shall be required to take an examination in the fundamentals of soil classification. An applicant for a professional soil classifier shall be required to take an exam in the principles and practice of soil classifying. Soil classifiers-in-training will not be eligible to take the professional soil classifier examination until two or more years of soil classification experience has been obtained.

C. The examination may include both written and field problems. The Department will administer an examination approved by the Council and the Department. A grade of 75% will be required to successfully pass the examination. If the applicant fails to obtain a grade equal to 50%, he or she may not apply for re-examination until one (1) year has elapsed. Those engaged in preparation or administration of the examination may receive such per diem and expenses as provided by the state law.

116-5. Fees.

The Department shall annually prescribe reasonable fees in the following categories:

Item Not Less Than Not More Than

Exam Fee $10.00 $ 25.00

Initial Application Fee $ 5.00 $ 25.00

Registration Fee--Professional Soil Classifier $20.00 $100.00

Registration Fee--Soil Classifier-in-Training $10.00 $ 50.00

Annual License Fee--Certificate of Registration $20.00 $100.00

Duplicate Certificate Fee $10.00 $ 20.00

Late Payment Penalty Fee $ 5.00 $ 20.00

116-6. Exemptions.

A. Sanitarian with the On-Site Wastewater Management program with the South Carolina Department of Health and Environmental Control while performing duties as it relates to on-site wastewater management.

B. The work of an employee or subordinate of a person holding a Professional Soil Classifier certificate of registration under this chapter provided such work does not include final soil classifying decisions and is done under the supervision of and verified by a person holding a Professional Soil Classifier certificate registration.

C. The practice of soil classifying by a person who is regularly employed to perform soil classifying services solely for his or her employer or for a subsidiary of affiliated corporation of his or her employer, provided that soil classifying is performed on the real property of his or her employer.

D. The practice of any other legally recognized trade or profession.

116-7. Code of Ethics.

A. In order to establish and maintain a high standard of integrity, skills and practice in the profession of soil classifying, the following code of ethics shall be binding upon every person holding a certificate of registration as a Professional Soil Classifier. The Soil Classifier who holds a certificate of registration from the Department is charged with having knowledge of 1976 Code Section 40-65-10 through 40-65-260 and the code of ethics hereinafter provided. The Professional Soil Classifier:

(1) Shall be forthright and candid in statements or written responses to the Department or its representatives on matters pertaining to professional conduct.

(2) Will be guided in all his or her professional relations by the highest standards of integrity.

(3) Will avoid any act tending to promote self interests at the expense of the dignity and standings of the profession.

(4) Will undertake soil classifying assignments only when qualified by training or experience; and will engage, or advise engaging other experts and specialists whenever the client's or employer's interests are best served by such service.

(5) Will not disclose confidential information concerning the business affairs, procedures or processes of a present or past client or employer.

(6) Will inform clients or employers of any business connections, interests or circumstances which may be deemed to influence professional judgement or services.

(7) Will not accept compensation from parties doing business with clients or employees in connection with work for which he or she is responsible.

(8) Will not collect compensation, financial or otherwise, from more than one interested party for the same service pertaining to the same work without full disclosure and consent of the interested parties.

(9) Will inform the Department of any suspected unethical or illegal practice by another soil classifier.

(10) Will protect the soil classifying profession from misrepresentation and misunderstanding.

(11) Will not allow the use of his or her name in an enterprise of questionable nature or objective.

(12) Will not associate professionally with the individuals who do not comply with this code of ethics.

(13) Will not indulge in exaggerated, misleading or false advertising or publicity.

(14) Will endeavor to extend public knowledge and appreciation to soil classifying, it achievements and its potential.

(15) Is encouraged to seek opportunities to be of service in civic affairs and work for the advancement and well-being of the community.

(16) Will corporate in increasing the effectiveness of the profession by exchanging non confidential information with other professional soil classifiers.

(17) Is encouraged to join professional organizations, actively participate at their meetings and encourage fellow classifiers in the same endeavor.

(18) Will endeavor to provide opportunities for the professional development of soil classifiers.

B. Any violation of this Code of Ethics shall constitute a ground for disciplinary action.

116-8. Declaratory Ruling.

A. Any person may petition the Department for a declaratory ruling as to the applicability of any statutory provision or of any rule or order of the Department.

B. Such a petition shall be in written form and addressed to the Chairman of the Council.

C. A decision on the petition shall be issued in written form within sixty days or receipt of the petition, provided that this period may be extended with the written approval of the petitioner.

116-9. Petition for Promulgation, Amendment, or Repeal of Rules.

A. Any interested person may petition the Department requesting the promulgation, amendment or repeal of any rule.

B. This petition shall be in written form and addressed to the Chairman of the Council.

C. Within thirty days of receipt of the petition, the Department shall either deny the petition or initiate rule making proceedings.

D. In any case where the Department denies the petition, it shall do so in written form and it shall state the reasons for its denial.

116-10. Handling of Complaints.

A. All complaints received by the Department in writing and signed will be investigated by the staff and considered by the Department, and the complaining party will be informed of the disposition of the matter.

B. All anonymous and verbal complaints may be investigated and acted upon at the discretion of the Department.

C. The Department may instruct the Council to handle certain routine complaints for which procedure has been established.