§ 40-2-10 — South Carolina Board of Accountancy created; membership; terms; filling of vacancies; administrator.

South Carolina § 40-2-10

• Jurisdiction: South Carolina
• Title 40: PROFESSIONS AND OCCUPATIONS
• Ch. 2: ACCOUNTANTS

Text

(A)(1) There is created the South Carolina Board of Accountancy which is responsible for the administration and enforcement of this chapter. The board shall consist of eleven members appointed by the Governor, all of whom must be residents of this State and: (a) there must be one resident licensed certified public accountant from each congressional district and one additional resident licensed certified public accountant from the public at large; (b) one member must be a licensed public accountant or a licensed accounting practitioner; and (c) two members must be from the public at large, one of whom must be an attorney licensed in this State, who: (i) are not engaged in the practice of public accounting; (ii) have no financial interest in the profession of public accounting; and (iii) have no immediate family member in the profession of public accounting. As used in this section, "immediate family member" is defined in Section 8-13-100(18). (2) Members are appointed for terms of four years and serve until their successors are appointed and qualify. Vacancies must be filled by the Governor for the unexpired portions of the term in the manner of the original appointment. The Governor shall remove a member of the board in accordance with Section 1-3-240. (3) Failure by a licensed certified public accountant to maintain residency in the district for which he is appointed shall result in the forfeiture of his office. (B) The board shall elect annually from among its members a chairman, a vice chairman, and a secretary. The board shall meet at least two times a year at places fixed by the chairman. Meetings of the board must be open to the public except those concerned with investigations under Section 40-2-80 and except as necessary to protect confidential information in accordance with board regulations, federal law, state law, or Section 40-2-90(C). A majority of the board members in office constitutes a quorum at any meeting of the board. A board member shall attend meetings or provide proper notice and justification of inability to attend. Unexcused absences from meetings may result in removal from the board as provided for in Section 1-3-240. (C) The board shall have a seal which must be judicially noticed. In any court proceeding, civil or criminal, arising out of or founded upon any provision of this chapter, copies of any records certified as true copies under the seal of the board are admissible in evidence as proving the contents of these records. (D) All monies collected by the Department of Labor, Licensing and Regulation from fees authorized to be charged by this chapter must be received and accounted for by the Department of Labor, Licensing and Regulation and must be deposited in the State Treasury. The budget of the board must include adequate funds for the expenses of administering the provisions of this chapter, which may include, but is not limited to, the costs of conducting investigations, of taking testimony, and of procuring the attendance of witnesses before the board or its committees; all legal proceedings undertaken for the enforcement of this chapter; participation in national efforts to regulate the accounting profession, and educational and licensing programs for the benefit of the public, the licensees and their employees. Initial fees must be established by the board and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50(D). (E) The board may appoint committees or persons, to advise or assist it in the administration and enforcement of this chapter, as it sees fit. (F)(1) The director shall designate for the use of the board one full-time administrator who is a certified public accountant licensed in this State. The administrator's primary responsibility is to administer the board. (2) A person employed by the board under this section may be terminated by the director.

Legislative History

HISTORY: 1996 Act No. 453, SECTION 1; 2004 Act No. 289, SECTION 1; 2014 Act No. 268 (H.3459), SECTION 1, eff June 9, 2014; 2015 Act No. 51 (S.301), SECTION 1, eff June 3, 2015; 2019 Act No. 68 (H.3785), SECTION 1, eff May 16, 2019; 2022 Act No. 174 (S.812), SECTION 1, eff May 16, 2022. Effect of Amendment 2014 Act No. 268, SECTION 1, added subsection (F), relating to the administrator. 2015 Act No. 51, SECTION 1, rewrote (A). 2019 Act No. 68, SECTION 1, in (B), in the third sentence, substituted "Section 40-2-80" for "Sections 40-2-80 and 40-2-90" and ", federal law, state law, or Section 40-2-90(C)" for "or state law". 2022 Act No. 174, SECTION 1, in (A)(1), in (a), inserted "and one additional resident licensed certified public accountant from the public at large" following "congressional district", and in (b), substituted "one member" for "two members"; and in (F)(1), in the second sentence, deleted "; provided, however, that the director may assign to the administrator additional duties and responsibilities within the department so long as the additional duties and responsibilities do not unreasonably occupy the administrator's time so that he does not thoroughly fulfill his duties and responsibilities to the board" from the end.