Did a South Carolina surveying or engineering firm need its own certificate of authorization?

Plain-English summary

In a June 2002 follow-up letter, the AG's office agreed with the South Carolina licensing agency counsel's view that professional engineers or land surveyors who practiced through a firm needed a valid certificate of authorization for that firm. The brief letter named three statutory provisions and gave that conclusion without a separate analysis of their text.

The letter addressed practice through a firm. It did not describe whether a particular firm's application would qualify or discuss individual professional licenses beyond the stated distinction.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was an individual's professional status enough to let a firm practice surveying? A: The letter said practitioners working through a firm needed a valid certificate of authorization for the firm.

Q: Did the AG independently discuss each licensing provision? A: No. The letter stated agreement with the agency lawyer's conclusion and listed the three provisions, without setting out their full text.

Background and statutory framework

The letter identified 40-22-20(13), 40-22-30(A)(3), and 40-22-250 as the statutory basis for the firm certificate requirement. It followed correspondence with the requester and the licensing agency's deputy general counsel.

Citations and references

• 40-22-20(13), 40-22-30(A)(3), and 40-22-250: provisions the letter cited for firm authorization.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-6-2002-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02june-6-oquinn.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
AITORNEY GENERAL

June 6, 2002

Mr. Charles O'Quinn
Forester and Land Surveyor, Inc.
P. 0. Box 247
Kingstree, SC 29556

Re:

Certificate of Authorization in Order to Practice Land Surveying in South Carolina

Dear Mr. O'Quinn:

I

This letter is a follow-up to your correspondence dated May 23, 2002, to Attorney General Condon and my correspondence dated April 10, 2002, concerning the above-referenced opinion request. Prior to my providing Senator McGill with a copy of South Carolina Department of Labor, Licensing and Regulation Deputy General Counsel Sharon A. Dantzler' s opinion, I reviewed her opinion and am in agreement with her conclusion that S.C. Code §§40-22-20(13), 40-22-30(A)(3) and 40-22-250 require that professional engineers or land surveyors who practice through a firm must obtain a valid certificate of authorization for that firm. This is an informal opinion. It has been written by the designated Senior Assistant Attorney General and represents the opinion of the undersigned attorney as to the specific question asked. It has not, however, been personally reviewed by the Attorney General nor has it been officially published in the manner of a formal opinion.

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The Honorable Yancey McGill

c. D ENN IS B UILDING

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POST O FFICE Box

11549

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COLUMBIA,

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s.c. 292 11-J 549

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T ELEPHONE : 803· 734-3970

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