South Carolina LLR Complaint Process
In South Carolina, the Department of Labor, Licensing, and Regulation (LLR) promotes and protects the health, safety, and economic well-being of the public through professional licensing, training, and education. Over 40 professions are overseen by the LLR, from accountants to massage therapists and auctioneers. If someone violates a professional or occupational practice regulation, including providing a service or conducting work without the proper license, a complaint can be made to South Carolina’s LLR.
Individuals accused of practicing without a license or participating in any criminal activity on the job can lose their license and harm their personal and professional reputation as a result of any ensuing investigation. Read on to learn about the South Carolina LLR complaint process, as well as the ways a skilled defense attorney could help protect your license today.
Filing an LLR Complaint
Individuals can file an LLR complaint against a licensee, or unlicensed individual practicing a regulated profession, using South Carolina’s online complaint form. Allegations against licensed professionals could include, but are not limited to:
- Neglect or abuse
- Malpractice
- Substandard care
- Drug or alcohol abuse
- Theft or embezzlement
- Fraud
- Criminal arrest or conviction
In this step of the South Carolina LLR complaint process, individuals filing a complaint must include facts of the case, witness contact information, and evidence that includes copies of documents and records as well as any other information that may help the investigation.
Processing South Carolina LLR Complaints
Once a South Carolina LLR complaint has been filed, it will be reviewed to determine if it falls within the licensing board’s jurisdiction and if it is a reasonable allegation. If it is determined that the complaint is valid, the respondent (the licensee) will receive a letter within 30 days notifying them that they are being investigated with details of the allegation. The respondent will also be given the opportunity to provide a written response.
After this step in the South Carolina LLR complaint process, the case will then be assigned an investigator who will complete a thorough inspection of the complaint by conducting interviews, issuing subpoenas, and examining records. Within 60 to 180 days, the investigator will prepare a summary report that includes any statute or regulation violations and supporting evidence, which will then be handed over to the Investigative Review Committee (IRC) for consideration.
The IRC Committee
The IRC is responsible for reviewing the investigator’s report and determining if there is sufficient evidence that a violation took place to warrant a formal proceeding. Consisting of the chief investigator, the board administrator, an LLR attorney, and a member who is not an LLR employee or board member, the IRC makes a recommendation to the board based on the evidence presented to them. After determining whether the complaint should be dismissed or accepted, the IRC can recommend that either a formal complaint or a letter of caution be issued to the respondent. Based on the IRC’s recommendation of dismissal, formal complaint, or letter of caution, the board then makes a final decision.
The Board’s Decision
During this step of the South Carolina LLR complaint process, the board can either accept the IRC Committee’s recommendation or make an entirely different determination. If it decides to dismiss the complaint, the respondent will receive a letter saying that no violation occurred and that the case is closed.
If the board decides to issue a formal complaint, the respondent will receive a letter detailing the charges and violations, and notification of when and where a hearing will take place to determine sanctions. Finally, if the board decides to issue a warning, the respondent will receive a letter saying that no violation took place, but that they should be mindful of specific regulations and statutes that are overseen by the LLR. In South Carolina, if the board finds that a violation occurred, the respondent has 30 days to appeal the decision.
If you require legal assistance in appealing a decision made as a result of the South Carolina LLR complaint process, do not hesitate to reach out to a professional license defense attorney who can act as an aggressive advocate for you in court.