An employing unit or person who wilfully violates a provision of Chapters 27 through 41 of this title or an order, rule, or regulation under this title, the violation of which is made unlawful or the observance of which is required under the terms of these chapters, is liable to a penalty of two thousand dollars, to be recovered by the department in an appropriate action in the South Carolina Administrative Law Court, and also is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than fifty dollars but not more than two hundred fifty dollars or imprisonment for not longer than thirty days, and, with regard to both civil and criminal penalties, each day the violation continues is considered a separate offense.

HISTORY: 1962 Code Section 68-404; 1952 Code Section 68-404; 1949 (46) 262; 2010 Act No. 146, Section 106, eff March 30, 2010; 2015 Act No. 77 (S.407), Section 2, eff June 8, 2015.

Effect of Amendment

The 2010 amendment substituted "department" for "Commission"; and made other nonsubstantive changes.

2015 Act No. 77, Section 2, substituted "a penalty of two thousand dollars" for "a penalty of one thousand dollars", substituted "the South Carolina Administrative Law Court" for "a court of competent jurisdiction", substituted "a fine of not less than fifty dollars but not more than two hundred fifty dollars" for "a fine of not less than twenty dollars but not more than one hundred dollars", and added "with regard to both civil and criminal penalties,".