reglab/housing_qa huggingface dataset:
SD Codified L § 36-21A-36 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-36 - Written examination--Time and place--Contents.

36-21A-36. Written examination--Time and place--Contents.An applicant for a license shall submit to a written examination to be conducted by the commission at such times and places as it may direct. The commission shall determine the contents of the examination. Source: SL 1992, ch 273, §36.
SD Codified L § 36-21A-36.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-36.1 - Application for license--Time limit.

36-21A-36.1. Application for license--Time limit.Upon notification in writing that the person has passed the examination, the person shall file the appropriate application for license with all the required documents to the commission within sixty days of the notice date. If the person fails to file an application and proof of required education within the sixty-day period, the person's registration and all rights deriving from a passing score are canceled. Source: SL 1998, ch 233, §3; SL 2013, ch 177, §14.
SD Codified L § 36-21A-37 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-37 - License required for real estate firm.

36-21A-37. License required for real estate firm.No partnership, association, limited liability company, or corporation may perform the services of a real estate broker as described in §36-21A-6, nor may a licensee associate or work for any partnership, association, limited liability company, or corporation performing any services described in §36-21A-6, until such time as the partnership, association, limited liability company, or corporation is licensed by the commission. Source: SL 1992, ch 273, §37; SL 1996, ch 236, §2.
SD Codified L § 36-21A-38 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-38 - Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee.

36-21A-38. Responsible broker to represent corporation, limited liability company, partnership or association and sign application--Termination of affiliation--Fee.No license may be granted to a corporation, limited liability company, partnership or association, unless the corporation, limited liability company, partnership, or association designates a responsible broker who will represent the corporation, limited liability company, partnership, or association. A nonlicensed individual may have an ownership interest in any corporation, limited liability company, partnership, or association through which a responsible broker engages in professional real estate activity. However, no nonlicensed individual may control or supervise the professional real estate activity of any real estate licensee associated with the firm. No nonlicensed individual may have any ownership interest in a sole proprietorship that engages in professional real estate activity. The responsible broker shall sign the application for the license. Upon the termination of a responsible broker's affiliation with the firm, the firm shall name a new responsible broker and notify the commission in writing. The application fee for a firm license shall be set out by rule, promulgated by the commission pursuant to chapter 1-26, and may not exceed one hundred dollars. Source: SL 1992, ch 273, §38; SL 1994, ch 351, §80A; SL 2008, ch 191, §44; SL 2011, ch 180, §3.
SD Codified L § 36-21A-39 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-39 - Dissolution of corporation, partnership, limited liability company, or association--Return of license.

36-21A-39. Dissolution of corporation, partnership, limited liability company, or association--Return of license.Upon dissolution of a corporation, partnership, limited liability company, or association, the responsible broker shall immediately return the firm license to the commission. Source: SL 1992, ch 273, §39; SL 1996, ch 236, §3; SL 2011, ch 180, §4.
SD Codified L § 36-21A-41 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-41 - Qualification by examination required.

36-21A-41. Qualification by examination required.No person may be licensed until qualified by examination, except as otherwise provided by this chapter. Source: SL 1992, ch 273, §41; SL 1998, ch 233, §1.
SD Codified L § 36-21A-43 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-43 - Examination reciprocity with other states.

36-21A-43. Examination reciprocity with other states.An applicant who holds an active license in another state and who has successfully passed the real estate licensing examination in that same state may obtain a similar level of licensure in South Dakota if the applicant successfully passes the state portion of the examination in South Dakota. Source: SL 1992, ch 273, §43; SL 1998, ch 233, §4; SL 2013, ch 177, §15.
SD Codified L § 36-21A-44 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-44 - Issuance of license to successful applicant--Association with broker--Authority to conduct business.

36-21A-44. Issuance of license to successful applicant--Association with broker--Authority to conduct business.Upon passing the examination and completion of the other requirements, a license shall be issued to the successful applicant. Upon receiving the license and associating with a broker, he may conduct the business authorized by the license. Source: SL 1992, ch 273, §44.
SD Codified L § 36-21A-46.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-46.1 - Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions.

36-21A-46.1. Responsible broker, salesperson, or broker associate permitted to form certain business entities--Conditions.A responsible broker may, or a real estate salesperson or broker associate employed by or otherwise associated with a responsible broker may, form a business corporation or limited liability company under the following conditions:(1)The business corporation or limited liability company does not engage in real estate transactions as a third-party agent or in any other capacity requiring a license under this chapter;(2)The business corporation or limited liability company does not advertise or otherwise hold itself out as a real estate brokerage company;(3)The responsible broker is not relieved of any obligation to supervise the employed or associated licensee or any other requirement of this chapter or the rules promulgated pursuant to this chapter;(4)The employed or associated licensee is not relieved of any personal liability for any licensed activities by interposing the corporate or limited liability form;(5)The business corporation or limited liability company is owned solely by a broker, a salesperson, or by that licensee and that licensee's spouse, or by that licensee and other licensees within the same firm as that licensee; and(6)The business corporation or limited liability company is approved by and registered with the commission. The registration fee for an approved business corporation or limited liability company shall be established by rule promulgated pursuant to chapter 1-26. The fee may not exceed one hundred dollars. Source: SL 2001, ch 205, §1; SL 2006, ch 199, §1; SL 2009, ch 188, §1; SL 2013, ch 177, §17.
SD Codified L § 36-21A-47 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-47 - Restricted broker's license--Issuance--Termination and prosecution--Promulgation of rules.

36-21A-47. Restricted broker's license--Issuance--Termination and prosecution--Promulgation of rules.The commission may promulgate rules pursuant to chapter 1-26 to provide for the issuance of a restricted broker's license to property managers, mortgage brokers, or time-share or residential-rental agents. The licensee may perform only those duties specified by the license. If the licensee exceeds the authority granted, the license may be terminated and criminal proceedings brought against the licensee. Source: SL 1992, ch 273, §47; SL 2013, ch 177, §18; SL 2020, ch 162, § 3.
SD Codified L § 36-21A-48 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-48 - Exemption from property manager's license for operators of state and federal housing units.

36-21A-48. Exemption from property manager's license for operators of state and federal housing units.A person who has contracted with the South Dakota Housing Development Authority or the United States to operate housing units or has contracted with the United States in a subsidy program on behalf of the tenants is exempt from obtaining a property manager's license to manage those properties. Source: SL 1992, ch 273, §48.
SD Codified L § 36-21A-49 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-49 - Application fee for individual licensure.

36-21A-49. Application fee for individual licensure.The commission shall set, by rule promulgated pursuant to chapter 1-26, an application fee not to exceed four hundred dollars. This fee shall accompany an application for individual licensure. Source: SL 1992, ch 273, §49; SL 1998, ch 233, §5; SL 2002, ch 181, §1; SL 2013, ch 177, §19.
SD Codified L § 36-21A-50 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-50 - Conditions for issuing of license or reinstatement after revocation or suspension.

36-21A-50. Conditions for issuing of license or reinstatement after revocation or suspension.The commission may require a person whose license was revoked or suspended to meet and perform certain conditions before issuing or reinstating a license to that person. Such conditions may include the following:(1)Restitution of moneys;(2)Restitution of property;(3)Periodic reports to the commission;(4)Fines, costs, and monetary penalties. Source: SL 1992, ch 273, §50.
SD Codified L § 36-21A-52 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-52 - Registration of place of business--Change of location.

36-21A-52. Registration of place of business--Change of location.Each person licensed under this chapter shall register the following place of business with the commission:(1)For a broker associate or real estate salesperson, the licensee's responsible broker's place of business; or(2)For a responsible broker or restricted broker, the licensee's main place of business where all work files are physically maintained and where the commission may send official communication.In case of removal from the registered address, the licensee and responsible broker shall give written notice to the commission before the removal or within ten days after removal. Failure of a licensee to register a new place of business shall result in that person's license being placed on inactive status. Source: SL 1992, ch 273, §52; SL 2013, ch 190, §1.
SD Codified L § 36-21A-53 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-53 - Branch office name.

36-21A-53. Branch office name.A branch office shall operate under the same name as the parent office. Source: SL 1992, ch 273, §53.
SD Codified L § 36-21A-54 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-54 - Reciprocal privileges extended to nonresident licensees--Licensees from states not granting full reciprocity.

36-21A-54. Reciprocal privileges extended to nonresident licensees--Licensees from states not granting full reciprocity.No nonresident licensee regularly engaged in the real estate business as a vocation, who maintains a definite place of business and is licensed by a state which offers the same privileges to licensees of this state, may be required to maintain a place of business within this state. The commission shall recognize the license issued by another state as qualification for a license in South Dakota. A licensee from a state that does not grant full reciprocity to licensees from South Dakota shall, in order to be licensed in South Dakota, meet the same requirements that the licensees' state requires of South Dakota licensees. The commission may adopt rules pursuant to chapter 1-26 to implement this section. Source: SL 1992, ch 273, §54; SL 2002, ch 181, §2.
SD Codified L § 36-21A-55 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-55 - Transaction of business subjects nonresidents to personal jurisdiction--Service of process--Delivery of copy of process or pleading to executive director.

36-21A-55. Transaction of business subjects nonresidents to personal jurisdiction--Service of process--Delivery of copy of process or pleading to executive director.The holding of a license issued under the provisions of this chapter or participating in a transaction for which a license is required by this chapter is the transaction of business within the state, and a nonresident licensee or unlicensed person so defined is subject to the personal jurisdiction of the courts of this state as provided by §15-7-2.Service of process shall be made upon corporate licensees as provided by chapter 59-11 and otherwise as provided by chapter 15-6.Any person licensed under this chapter shall deliver a copy of any process or pleading to which that licensee is a party to the executive director of the commission within ten days of its being served by or upon him. Failure to file with the executive director is not jurisdictional in any action to which a licensee under this chapter may be a party. Source: SL 1992, ch 273, §55; SL 2005, ch 202, §1; SL 2018, ch 236, §2.
SD Codified L § 36-21A-56 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-56 - Written notice of change of association--Statement of registration--Salesman placed on inactive status.

36-21A-56. Written notice of change of association--Statement of registration--Salesman placed on inactive status.A licensee shall give written notice to the commission of a change of association and of the name of the licensed broker or firm with whom he is about to associate. The broker or firm with whom the licensee was associated and the broker and firm with whom the licensee is about to be associated shall also give written notice to the commission. The commission shall issue a statement of registration to the licensee. The commission shall place a salesman on inactive status until he is registered as being associated with another broker or firm. Source: SL 1992, ch 273, §56.
SD Codified L § 36-21A-58 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-58 - Renewal of license by salesperson or broker associate not associated with responsible broker--Restrictions on inactive salesperson or broker associate.

36-21A-58. Renewal of license by salesperson or broker associate not associated with responsible broker--Restrictions on inactive salesperson or broker associate.A salesperson or broker associate who is not associated with a responsible broker may renew the license by submitting the renewal fee, together with the completed renewal application on which the licensee has noted inactive status. An inactive salesperson or broker associate whose license has been renewed may not engage in the real estate business until the licensee secures a new responsible broker. Source: SL 1992, ch 273, §58; SL 1998, ch 234, §4; SL 2011, ch 180, §7.
SD Codified L § 36-21A-60 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-60 - Additional fees.

36-21A-60. Additional fees.Fees include the following:(1)Certificate of licensee, a fee not to exceed fifteen dollars;(2)For each additional office or place of business, a biennial fee not to exceed thirty dollars;(3)For each change of office or place of business, a fee not to exceed fifteen dollars;(4)For each statement of registration of change of association, a fee not to exceed fifteen dollars; and(5)For each duplicate license, if the original license is lost or destroyed and affidavit made thereof, a fee not to exceed fifteen dollars.Fees shall be set by the commission by rules promulgated pursuant to chapter 1-26. Source: SL 1992, ch 273, §60; SL 2008, ch 191, §45.
SD Codified L § 36-21A-61 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-61 - Biennial registration--Cancellation upon failure to register.

36-21A-61. Biennial registration--Cancellation upon failure to register.A licensee, either active or inactive, shall register every two years with the commission and pay a fee set by rule promulgated by the commission pursuant to chapter 1-26 not to exceed two hundred dollars. The application for renewal of a license shall be made to the commission by November thirtieth of the year the current license expires. Failure of a person or firm to register results in the expiration of the license on December thirty-first.  Source: SL 1992, ch 273, §61; SL 1994, ch 306, §1; SL 2002, ch 181, §3; SL 2008, ch 191, §46; SL 2013, ch 177, §23.
SD Codified L § 36-21A-62 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-62 - Biennial proof by licensees of continuing education--Persons exempt.

36-21A-62. Biennial proof by licensees of continuing education--Persons exempt.An individual licensee shall provide to the commission proof of participation in the following required number of hours of approved continuing education in the preceding two-year period:(1)Responsible broker, broker associate, salesperson, auctioneer, or property manager: not less than twenty-four hours; or(2)Residential rental agent: not less than twelve hours.Attorneys licensed in South Dakota and time-share agents are exempt from this section. Source: SL 1992, ch 273, §62; SL 2013, ch 177, §24.
SD Codified L § 36-21A-63 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-63 - Approved courses for continuing education--List maintained--Standards.

36-21A-63. Approved courses for continuing education--List maintained--Standards.The commission may accept attendance at approved lectures, seminars or courses as continuing education. The commission shall maintain a current list of approved sessions or courses of instruction. The commission shall, by rule promulgate pursuant to chapter 1-26, set standards and fees for the approval of seminars or courses as continuing education. Source: SL 1992, ch 273, §63.
SD Codified L § 36-21A-64 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-64 - License inactive until proof of continuing education provided.

36-21A-64. License inactive until proof of continuing education provided.An individual licensee who submits a renewal registration application but does not provide proof of continuing education, as required by §36-21A-62, shall be an inactive licensee until proof of such continuing education has been provided to the commission. Source: SL 1992, ch 273, §64; SL 2013, ch 177, §25.
SD Codified L § 36-21A-65 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-65 - Exceptions to continuing education requirements.

36-21A-65. Exceptions to continuing education requirements.The commission may make exception from continuing education requirements for licensees not engaged in public practice, or for reasons of health, military service or other good cause. However, if such licensee returns to public practice, he shall meet such continuing education requirements as the commission may determine. Source: SL 1992, ch 273, §65.
SD Codified L § 36-21A-66 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-66 - Late renewal application--Fee.

36-21A-66. Late renewal application--Fee.A licensee who fails to meet the renewal requirements of §36-21A-61 may file a late registration application and pay a late registration fee in an amount not to exceed twenty dollars for each month or fraction of a month that has passed since November thirtieth. The fee shall be set by the commission by rule promulgated pursuant to chapter 1-26. No late application may be accepted by the commission after June thirtieth. A licensee may not perform any of the actions enumerated within this chapter prior to the commission renewing the license. Source: SL 1992, ch 273, §66; SL 1994, ch 306, §2; SL 2008, ch 191, §47; SL 2013, ch 177, §26.
SD Codified L § 36-21A-67 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-67 - Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education.

36-21A-67. Licensees entering United States armed forces--Application for reinstatement--Timing and requirements--Waiver of continuing education.Any person licensed under this chapter, entering the United States armed forces and whose registration under §36-21A-61 lapses during his service, may be reinstated to his license, without examination, upon his separation from the armed forces other than by dishonorable discharge. The application for reinstatement shall be made within six months of the separation and shall be accompanied by a copy of a discharge or papers of separation. Continuing education hours that accrue during the time that a licensee was in the armed forces may be waived. The commission may adopt rules pursuant to chapter 1-26 to provide for certification of eligibility, waiver of continuing education and administration. Source: SL 1992, ch 273, §67.
SD Codified L § 36-21A-68 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21A - Real Estate Licensing|Section 36-21A-68 - Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties.

36-21A-68. Grounds for revocation of license--Criminal prosecution--Setting minimum fees not impaired--Suspension, reprimand, and monetary penalties.A license issued under this chapter may be revoked by the commission upon proof of unprofessional conduct on the part of the licensee. For the purposes of this chapter, the term unprofessional conduct does not impair the right of a licensee to set minimum fees chargeable for his services. Unprofessional conduct is not the basis for criminal prosecution unless otherwise declared unlawful. The commission may also impose a suspension, reprimand, or a monetary penalty not to exceed two thousand five hundred dollars, or a combination of revocation, suspension, reprimand or monetary penalty. Any moneys collected from the monetary penalty shall be deposited into the fund of the commission. Source: SL 1992, ch 273, §68.