reglab/housing_qa huggingface dataset:
SD Codified L § 36-21B-2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-2 - Definitions.

36-21B-2. Definitions.Terms used in this chapter mean:(1)"Appraisal," the act or process of developing an opinion of value of real estate for another and for compensation;(2)"Appraisal practice," any valuation service, including appraisal, appraisal review, or appraisal consulting, performed by a person acting as an appraiser;(3)"Evaluation," a valuation of real estate prepared for a federally insured depository institution for a transaction that, pursuant to regulations promulgated by one or more federal financial institution regulatory agency, qualifies for the appraisal threshold exemption, business loan exemption, or subsequent transaction exemption; and(4)"Federal financial institution regulatory agency," the Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the Comptroller of the Currency, or Board of Governors of the Federal Reserve System. Source: SL 1995, ch 223, §2; SL 2013, ch 180, §2; SL 2020, ch 164, § 1.
SD Codified L § 36-21B-2.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-2.2 - Criminal background checks.

36-21B-2.2. Criminal background checks. Each applicant for initial certification, licensure, or registration as a state-registered appraiser, state-licensed appraiser, state-certified residential appraiser, or state-certified general appraiser in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the department shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the department all information obtained as a result of the criminal background check. This information must be obtained prior to certification of the applicant. The department may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the department. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting and the criminal background investigation. Source: SL 2014, ch 182, §1; SL 2021, ch 179, § 2.
SD Codified L § 36-21B-2.3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-2.3 - Grounds for denying issuance of certificate.

36-21B-2.3. Grounds for denying issuance of certificate.The department shall deny issuance of a certificate to any applicant who:(1)Has had the ability to perform appraisals revoked in any governmental jurisdiction within the five year period immediately preceding the date of application;(2)Has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic or foreign court either during the five-year period immediately preceding the date of the application for certification, licensure, or registration or at any time preceding the date of application, if such felony involved an act of fraud, dishonesty, a breach of trust, or money laundering; or(3)Has failed to demonstrate character and general fitness which commands the confidence of the community and warrants a determination that the applicant will operate honestly, fairly, and efficiently with the purposes of this chapter. Source: SL 2014, ch 182, §2.
SD Codified L § 36-21B-3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-3 - Promulgation of rules.

36-21B-3. Promulgation of rules. The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 relating to appraisers and appraisals in the following areas:(1)Certification, licensing, and registration of appraisers;(2)Definition of terms;(3)Uniform standards of professional appraisal practice;(4)Application for and issuance of certificates;(5)Examinations and examination procedures;(6)Pre-certification education criteria and continuing education;(7)Qualifications for and upgrading of a certificate;(8)Transactions requiring certified, licensed, or registered appraisers;(9)Renewal and late renewal procedures;(10)Certificate by reciprocity;(11)Temporary practice and permits;(12)Grounds for disciplinary actions including denial, revocation, suspension, censure, and reprimand;(13)Conflict of interest and investigation;(14)Advertising by certified, licensed, or registered appraisers;(15)Retention and inspection of records, and rosters of appraisers;(16)Appraiser membership, competency, and independence;(17)Review of appraisals and contracting for investigations;(18)Inspection, examination, and photocopy of appraisal records for audit purposes;(19)Inactive status;(20)Exemptions and standards allowing appraisers to perform an evaluation for a federally insured depository institution;(21)An appraiser experience training program under which licensees may obtain requisite experience hours; and(22)Fees for participation in the appraiser experience training program. Source: SL 1993, ch 293, §2; SL 1995, ch 223, §3; §36-21A-117; SL 2004, ch 17, §237; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011; SL 2020, ch 164, § 3; SL 2021, ch 168, § 34; SL 2021, ch 180, § 1.
SD Codified L § 36-21B-4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-4 - Promulgation of rules to establish fees for certification of appraisers.

36-21B-4. Promulgation of rules to establish fees for certification of appraisers.The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 to establish fees for the certification, licensing, and registration of real estate appraisers as follows:(1)Application fees not to exceed five hundred dollars;(2)Renewal fees not to exceed five hundred dollars;(3)Examination fee not to exceed three hundred dollars;(4)Late renewal fee not to exceed two hundred dollars;(5)Upgrade fee not to exceed five hundred dollars;(6)Reciprocity fee not to exceed five hundred dollars;(7)National registry fee not to exceed eighty dollars;(8)Education course approval fee not to exceed fifty dollars;(9)Temporary permit fee not to exceed five hundred dollars.The Department of Labor and Regulation may recover the costs of photocopying and postage when providing appraiser rosters and the uniform standards of professional practice. Source: SL 1995, ch 223, §4; SL 2009, ch 191, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011; SL 2011, ch 183, §1.
SD Codified L § 36-21B-5 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-5 - Fees credited to Real Estate Appraisers Fund.

36-21B-5. Fees credited to Real Estate Appraisers Fund.All moneys coming into the custody of the Department of Labor and Regulation including certificate fees, renewal fees, reciprocity fees, penalty fees, and any other payments, shall be deposited by the department to the state treasurer weekly, or as prescribed by the state treasurer. The state treasurer shall credit the moneys to the South Dakota Real Estate Appraiser Fund. Expenditures from this fund shall only be paid on warrants drawn by the state auditor and approved by the department. Source: SL 1995, ch 223, §7; SL 2004, ch 17, §238; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 36-21B-6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-6 - Legislative appropriations of Real Estate Appraiser Fund.

36-21B-6. Legislative appropriations of Real Estate Appraiser Fund.Any expenditure of money out of the South Dakota Real Estate Appraiser Fund shall be made only upon appropriation by the Legislature through either the general appropriations act or a special appropriations bill. Source: SL 1995, ch 223, §7A.
SD Codified L § 36-21B-7 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-7 - Penalty for violation of statute or rule.

36-21B-7. Penalty for violation of statute or rule.The secretary of the Department of Labor and Regulation may impose a monetary penalty not to exceed one thousand dollars or require additional educational course requirements, or both, of a person licensed pursuant to this chapter upon proof of a violation of the rules relating to appraisers and appraisals as adopted by the department pursuant to chapter 1-26 or a violation of this chapter. Source: SL 1993, ch 293, §5; SL 1995, ch 223, §8; SL 2004, ch 17, §239; SL 2009, ch 191, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 36-21B-8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-8 - Application of chapter.

36-21B-8.Application of chapter.Unless required by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub. L. No. 101-73, 103 Stat. 183 (1989), 12 U.S.C. §3310, et seq., this chapter does not apply to the following:(1)Any public officer while performing public duties;(2)Any bank, trust company, savings and loan association, public utility, or any land mortgage or farm loan association organized under the laws of this state or the United States or their employees, if engaged in the transaction of business within the scope of its corporate powers as provided by law;(3)Any person licensed as a real estate broker under chapter 36-21A when appraising within the scope of the broker's license; or(4)Any employee of any person or entity enumerated in this section. Source: SL 1995, ch 223, §10.
SD Codified L § 36-21B-10 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-10 - Contested cases--Assessment of expenses.

36-21B-10. Contested cases--Assessment of expenses.The secretary may assess to a licensee or applicant all or part of the actual expenses of a contested case proceeding resulting in the discipline or censure of the licensee, suspension or revocation of the licensee's license, or the denial of a license to the applicant. Source: SL 2001, ch 210, §1.
SD Codified L § 36-21B-11 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-11 - Improper influence on real estate appraisals prohibited--Grounds for discipline.

36-21B-11. Improper influence on real estate appraisals prohibited--Grounds for discipline.No real estate appraiser with an interest in a real estate transaction or the financing of any loan secured by real estate involving an appraisal assignment may improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal by:(1)Coercion, extortion, or bribery;(2)Withholding or threatened withholding of payment for an appraisal fee;(3)Conditioning of the payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached;(4)Requesting that the appraiser report a predetermined opinion, conclusion, or valuation or the desired valuation of any person; or(5)Any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity, and impartiality.A violation of this section may constitute grounds for discipline against a real estate appraiser who is registered, licensed, or certified pursuant to the laws of the State of South Dakota. Source: SL 2009, ch 192, §1.
SD Codified L § 36-21B-12 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-12 - Conduct not constituting improper influence on real estate appraisals.

36-21B-12. Conduct not constituting improper influence on real estate appraisals.No person violates §36-21B-11 solely by asking a real estate appraiser to consider additional, appropriate property information, or to provide further detail, substantiation, or explanation for the appraiser's value conclusion, or to correct errors in the appraisal report, or by withholding payment of an appraisal fee based on a bona fide dispute regarding the appraiser's compliance with the appraisal standards adopted by the Department of Labor and Regulation pursuant to this chapter. A person does not violate §36-21B-11 solely by retaining a real estate appraiser from panels or lists on a rotating basis, or by supplying an appraiser with information the appraiser is required to analyze under the appraisal standards adopted by the department, such as agreements of sale, options, or listings of the property to be valued. Source: SL 2009, ch 192, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 36-21B-13 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21B - Real Estate Appraisers|Section 36-21B-13 - Evaluation for federally insured depository institution.

  36-21B-13  .  Evaluation for federally insured depository institution.   A certified, licensed, or registered appraiser may provide an evaluation of real estate for a federally insured depository institution if the evaluation is permitted by law, regulation, or regulatory guidance. Any evaluation by an appraiser must be conducted in accordance with federal and state laws and rules, regulatory guidelines, and the most current appraisal and evaluation guidelines established for federally insured depository institutions by one or more federal financial institution regulatory agency.     Source:  SL 2020, ch 164, § 4.
SD Codified L § 36-21C-1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-1 - Definition of terms.

36-21C-1. Definition of terms.Terms used in this chapter mean:(1)"Client," any person who engages, or seeks to engage, the services of a home inspector for the purpose of obtaining inspection of and written report upon the condition of a residential building;(2)"Commission," the South Dakota Real Estate Commission;(3)"Home inspector," any person registered or licensed as a home inspector pursuant to the provisions of this chapter;(4)"Home inspection," an inspection and written evaluation of all the following components of a residential building: heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, and exterior and interior components;(5)"Residential building," a structure consisting of not more than four family dwelling units. Source: SL 2000, ch 194, §1.
SD Codified L § 36-21C-2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-2 - Commission to license or register home inspectors.

36-21C-2. Commission to license or register home inspectors.The commission shall issue and renew certificates to licensed and registered home inspectors pursuant to the provisions of this chapter. Source: SL 2000, ch 194, §2.
SD Codified L § 36-21C-3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-3 - Home inspectors to be licensed or registered--Violation as misdemeanor.

36-21C-3. Home inspectors to be licensed or registered--Violation as misdemeanor.No person may provide, or hold oneself out as able to provide, a home inspection for compensation unless registered or licensed in accordance with the provisions of this chapter. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 194, §3.
SD Codified L § 36-21C-4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-4 - Application for license--Requirements.

36-21C-4. Application for license--Requirements.An applicant for a license as a home inspector shall file a written application provided by the commission showing that the applicant meets the following requirements:(1)Good moral character;(2)Successful completion of high school or high school equivalency;(3)Employment as a registered home inspector for no less than one year and performance of not less than one hundred home inspections for compensation; and(4)Successful completion of a licensing examination approved by the commission. Source: SL 2000, ch 194, §4.
SD Codified L § 36-21C-5 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-5 - Application for registration--Requirements.

36-21C-5. Application for registration--Requirements.An applicant for registration as a home inspector shall file a written application provided by the commission showing that the applicant meets the following requirements:(1)Good moral character;(2)Successful completion of high school or high school equivalency;(3)Successful completion of an approved course of study of not less than forty hours, as prescribed by the commission in rules promulgated pursuant to chapter 1-26; and(4)Successful completion of a registration examination approved by the commission. Source: SL 2000, ch 194, §5.
SD Codified L § 36-21C-6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-6 - Promulgation of rules for licensing and registration.

36-21C-6. Promulgation of rules for licensing and registration. The commission shall promulgate rules pursuant to chapter 1-26 for licensed and registered home inspectors in the following areas:(1)Standards and requirements for prelicense and continuing education, including qualifications of instructors, procedures for granting a certificate of accreditation, notification of a material change in an approved course offering, suspension, revocation, and denial of course approval, certification of attendance, preregistration, and hours required to renew a license or registration;(2)A code of ethics and standards of practice;(3)Fees for applications, examinations, registration, licensure, and renewals, not to exceed two hundred dollars for application and one hundred dollars for renewal; and(4)Procedures and qualifications for application, minimum requirements for examination, procedures for the examination and the administration of the examination, the required score for passing the examination, and procedures for replacement of a license. Source: SL 2000, ch 194, §6; SL 2021, ch 168, § 35.
SD Codified L § 36-21C-7 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-7 - Exceptions to home inspector licensing requirements.

36-21C-7. Exceptions to home inspector licensing requirements.The provisions of this chapter do not apply to any of the following persons:(1)Any person who is employed as a code enforcement official by the state or a political subdivision of the state when acting within the scope of that governmental employment;(2)Any person regulated by the state as an architect, professional engineer, electrical contractor, or plumber, who is acting within the scope of practice of the person's profession or occupation;(3)Any real estate broker or salesperson licensed by the state when acting within the scope of that person's license;(4)Any real estate appraiser certified, licensed, or registered by the state when acting within the scope of that person's license;(5)Any person engaged as an insurance adjuster, when acting within the scope of that person's profession; or(6)Any manufactured home dealer who is licensed by the state, when acting within the scope of that person's license. Source: SL 2000, ch 194, §7.
SD Codified L § 36-21C-8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-8 - Issuing of license to persons licensed elsewhere.

36-21C-8. Issuing of license to persons licensed elsewhere.Upon payment to the commission of a fee and the submission of a written application provided by the commission, the commission may issue a home inspector license to any person who holds a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this state, as determined by the commission. Source: SL 2000, ch 194, §8.
SD Codified L § 36-21C-9 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-9 - Initial provisions for licensing experienced home inspectors.

36-21C-9. Initial provisions for licensing experienced home inspectors.During the first three hundred sixty-five days after January 1, 2001, the commission shall issue to any person, upon application, a home inspector license, if the applicant meets the requirements of subdivisions 36-21C-4(1), (2), and (4) and has been engaged in the practice of home inspections for compensation for not less than one year prior to January 1, 2001, and has performed not less than one hundred home inspections for compensation. Source: SL 2000, ch 194, §9.
SD Codified L § 36-21C-10 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-10 - Expiration and renewal of license or registration--Applications--Penalty for late filing.

36-21C-10. Expiration and renewal of license or registration--Applications--Penalty for late filing.Any license or registration expires on December thirty-first of the year following issuance and may be renewed biennially. An application for renewal shall be filed with the commission no later than November thirtieth of the year of expiration. Any renewal application filed after that date is subject to a late renewal penalty of twenty dollars per month or fraction thereof. However, no late renewal may be filed after June thirtieth of the year following the expiration of the registration or license. Source: SL 2000, ch 194, §10.
SD Codified L § 36-21C-11 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-11 - Suspension, revocation, reprimand, or fine for violation of chapter.

36-21C-11. Suspension, revocation, reprimand, or fine for violation of chapter.The commission may suspend, revoke, reprimand, or assess a monetary penalty not to exceed two thousand five hundred dollars, or may provide for a combination or revocation, suspension, reprimand, or monetary penalty, for any violation of this chapter or any administrative rule adopted to administer this chapter. Source: SL 2000, ch 194, §11.
SD Codified L § 36-21C-12 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 21C - Home Inspectors|Section 36-21C-12 - Fees and fines paid to commission fund.

36-21C-12. Fees and fines paid to commission fund.All fees and any fines imposed by the commission shall be paid to the fund of the commission. Source: SL 2000, ch 194, §12.