S.C. Code Regs. § § 37-074

Current through Register Vol. 48, 12, December 27, 2024

Section 37-074 - Withdrawal of Certification of Telecommunications Operators

A. An operator, certified pursuant to the provisions of R.37-065, shall have his or her certification as an operator withdrawn by the Council upon the occurrence of any one or more of the following events:

1. The operator is found to have falsified any application for certification and training based upon which the operator was admitted for training.

2. The operator is found to be ineligible for service as an operator because of his or her failure to meet prerequisite qualifications for training and certification, as set by law, even though such ineligibility is not discovered until after the operator's initial certification.

3. The operator is convicted of a criminal offense under the law of any jurisdiction which would, by the laws of this State, disqualify the operator from obtainment of certification as provided for in R.37-005 and R.37-006.

4. Evidence satisfactory to the Council that the operator has engaged in misconduct. For purposes of this section, misconduct means:

a. Conviction, plea of guilty, plea of no contest or admission of guilt (regardless of withheld adjudication) to a felony, a crime punishable by a sentence of more than one year (regardless of the sentence actually imposed, if any), or a crime of moral turpitude;

b. Unlawful use of a controlled substance;

c. Misrepresentation of employment-related information;

d. Violations of criminal law resulting from administrative inquiries;

e. To willfully make false, misleading, incomplete, deceitful, or incorrect statement(s) to a law enforcement officer, a law enforcement agency, or representative, except when required by departmental policy or by the laws of this State during the course of an investigation;

f. To willfully make false, misleading, incomplete, deceitful, or incorrect statement(s) to a court of competent jurisdiction, or their staff members, whether under oath or not;

g. To willfully make false, misleading, incomplete, deceitful, or incorrect information on a document, record, report, or form, except when required by departmental policy or by the laws of this State;

h. Willfully falsifying material information provided to the Criminal Justice Academy.

Provided however that in considering whether to withdraw certification based on misconduct, the Council may consider the seriousness, frequency and any mitigating circumstances surrounding the act or omission constituting or alleged to constitute misconduct.

S.C. Code Regs. § 37-074

Added by State Register Volume 47, Issue No. 05, eff. 5/26/2023.