reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-20 - Forfeiture of license for failure to secure certificate--Restoration after forfeiture.

36-12-20. Forfeiture of license for failure to secure certificate--Restoration after forfeiture.
Failure of a person licensed by the Board of Veterinary Medical Examiners to secure a certificate of registration shall constitute a forfeiture of a license held by such person. However, any person who has forfeited his license for a period of less than four years may have the license restored to him by making application to the secretary of the board for issuance of a certificate and by payment of the biennial registration fee. If a person has forfeited his certificate of registration for a period of four years or more, the board may restore said certificate of registration to him by the applicant making a written application for licensure on a form prescribed by the board, the payment of a reinstatement fee in the amount of one hundred dollars and by payment of the biennial registration fee.
Source:
SL 1961, ch 201, §11; SL 1986, ch 313, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21 - Display of license and annual certificate in office.

36-12-21. Display of license and annual certificate in office.
No person shall practice veterinary medicine in the State of South Dakota without possessing and displaying prominently in his or her principal office a license and a current and valid certificate of registration issued pursuant to the provisions of this chapter.
Source:
SDC 1939, §40.0204; SL 1961, ch 201, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21.1 - Employment of technicians authorized--Registration required.

36-12-21.1. Employment of technicians authorized--Registration required.
Any veterinarian licensed to practice veterinary medicine in the State of South Dakota may use the services of one or more registered veterinary technicians. Veterinary technicians provided for in this section before being employed by a licensed veterinarian shall be registered by the board as provided by §§36-12-21.3 and 36-12-21.4 and while registered and employed by a licensed veterinarian are not considered to be engaged in the practice of veterinary medicine.
Source:
SL 1973, ch 245, §§1, 3; SL 1986, ch 313, §6; SL 1993, ch 280, §2; SL 2008, ch 194, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21.2 - Qualifications of technicians provided by rules and regulations.

36-12-21.2. Qualifications of technicians provided by rules and regulations.
Veterinary technicians provided for in §36-12-21.1 shall possess qualifications as provided in rules promulgated pursuant to chapter 1-26 by the South Dakota State Board of Veterinary Medical Examiners. In addition to specifying the initial qualification requirements, the rules shall require that veterinary technicians complete courses of study in subjects related to veterinary technology. The rules shall govern the minimum amount and type of continuing education in veterinary technology to be completed by each veterinary technician seeking registration renewal pursuant to §36-12-21.5. The board may waive the continuing education requirement or a portion of it in the case of illness or undue hardship.
Source:
SL 1973, ch 245, §2; SL 1993, ch 280, §3; SL 1998, ch 227, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21.3 - Application for registry of technician--Contents--Fee.

36-12-21.3. Application for registry of technician--Contents--Fee.
An application for registry of a veterinary technician shall be filed with the board by the licensed veterinarian under whom the technician will practice. The application for registry shall set out the qualifications of the technician required by the rules of the board and the application shall be on forms provided by the board. The fee for registration of a veterinary technician shall be established by the State Board of Veterinary Medical Examiners in rules promulgated pursuant to chapter 1-26 and may not exceed fifty dollars. The fee shall accompany the application.
Source:
SL 1973, ch 245, §3; SL 1993, ch 280, §4; SL 2008, ch 194, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21.4 - Issuance of certificate for technician--Posting.

36-12-21.4. Issuance of certificate for technician--Posting.
The board shall issue a registration certificate for each veterinary technician registered with the board. The certificate shall state the name of the licensed veterinarian by whom such technician is employed and the year of registration. The registration certificate shall be posted in the office of the licensed veterinarian.
Source:
SL 1973, ch 245, §3 (4); SL 1993, ch 280, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21.5 - Annual renewal of technician's certificate--Fee--Default as forfeiture of certificate.

36-12-21.5. Annual renewal of technician's certificate--Fee--Default as forfeiture of certificate.
The registration certificate of a veterinary technician shall be renewed each year by procuring a renewal certificate from the board on or before the first day of July of each year. The fee for renewal of the certificate shall be set by the board, by rule, promulgated pursuant to chapter 1-26, and may not exceed the sum of five dollars. Failure to renew a certificate on or before July first of each year constitutes a forfeiture of the registration certificate.
Source:
SL 1973, ch 245, §4; SL 1993, ch 280, §6; SL 2008, ch 191, §31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21.6 - Supervision of technician by veterinarian--Promulgation of rules.

36-12-21.6. Supervision of technician by veterinarian--Promulgation of rules.
A veterinary technician may only work under the direction or supervision of the licensed veterinarian or veterinarians by whom the technician is employed. The State Board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 to define the terms direction and supervision.
Source:
SL 1973, ch 245, §5; SL 1993, ch 280, §7; SL 2008, ch 194, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21.7 - Maintenance of separate office by technician prohibited.

36-12-21.7. Maintenance of separate office by technician prohibited.
A veterinary technician registered under §§36-12-21.3 and 36-12-21.4 may not maintain or operate any office separate from the office of the licensed veterinarian by whom the technician is employed.
Source:
SL 1973, ch 245, §6; SL 1993, ch 280, §8; SL 2008, ch 194, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-21.8 - Veterinarian's responsibility for technician's acts.

36-12-21.8. Veterinarian's responsibility for technician's acts.
The licensed veterinarian by whom a registered veterinary technician is employed is responsible for the acts of the technician, and nothing in this chapter relieves the employer of the ordinary duties and responsibilities of the acts or conduct of the employee.
Source:
SL 1973, ch 245, §7; SL 1993, ch 280, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-22 - Grounds for refusal, suspension, or revocation of license and certificate.

36-12-22. Grounds for refusal, suspension, or revocation of license and certificate.
The State Board of Veterinary Medical Examiners may, in compliance with chapter 1-26, either refuse to issue a license or refuse to issue a certificate of registration or suspend or revoke a license and certificate of registration upon any of the following grounds:
(1)Fraud or deception in procuring the license;
(2)The publication or use of any untruthful or improper statement, or representation, with a view of deceiving the public, or any client or customer in connection with the practice of veterinary medicine;
(3)Habitual intemperance in the use of intoxicating liquors, or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs; or entry of a plea of guilty to, or nolo contendere to, or conviction of a violation of any federal or state law relating to controlled drugs or substances;
(4)Immoral, unprofessional, or dishonorable conduct manifestly disqualifying the licensee from practicing veterinary medicine;
(5)Malpractice, including failure to furnish to the board, upon written application by it, any report or information relating thereto;
(6)The employment of an unlicensed person to perform work which under this chapter can lawfully be done only by persons licensed to practice veterinary medicine;
(7)Fraud or dishonest conduct in applying or reporting diagnostic biological tests or in issuing health certificates;
(8)Failure to keep one's premises in a reasonably clean and sanitary condition and failure to use reasonably sanitary methods in the practice of veterinary medicine;
(9)The use, prescription, or sale of any veterinary prescription drug in the absence of a valid veterinary client-patient relationship;
(10)Professional incompetence which constitutes a deviation from the statewide standard of competence, which is that minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a veterinarian in at least a reasonably effective way.
Source:
SDC 1939, §40.0206; SL 1961, ch 201, §13; revised pursuant to SL 1972, ch 15, §4; SL 1993, ch 279, §4; SL 2001, ch 204, §1; SL 2005, ch 199, §39.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-22.1 - Revocation of technician's registration.

36-12-22.1. Revocation of technician's registration.
The registration of any veterinary technician may be revoked for any cause set out in §36-12-22 providing for revocation of the license of a veterinarian or for violation of any provisions of §§36-12-21.1 to 36-12-21.8, inclusive, or the rules of the board, and such revocation shall be in the same manner as provided in chapter 1-26 and this chapter for revocation of the license of a veterinarian.
Source:
SL 1973, ch 245, §8; SL 1993, ch 280, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-23 - Statement preferring charges against licensee.

36-12-23. Statement preferring charges against licensee.
Any person may prefer charges as set forth in §36-12-22 by filing with the Board of Veterinary Medical Examiners in writing a sworn statement setting forth the specific charges upon which complaint is made.
Source:
SL 1961, ch 201, §13; revised pursuant to SL 1972, ch 15, §§3, 4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-24 - Procedure on revocation or suspension of license.

36-12-24. Procedure on revocation or suspension of license.
All proceedings relative to the revocation or suspension of a license, or relative to reissuing a license which has been revoked shall only be held when a majority of the members of the Board of Veterinary Medical Examiners are present at such hearings. Such proceedings shall be in compliance with chapter 1-26.
Source:
SL 1961, ch 201, §14; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-25 - Judicial review on revocation of license.

36-12-25. Judicial review on revocation of license.
Any person whose license has been revoked by the Board of Veterinary Medical Examiners is entitled to judicial review as provided by chapter 1-26.
Source:
SL 1961, ch 201, §13; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-26 - Reinstatement after revocation of license.

36-12-26. Reinstatement after revocation of license.
Any person whose license has been revoked may apply to the Board of Veterinary Medical Examiners for reinstatement and relicense, and if the board is satisfied that such conduct will be discontinued may reissue a license to such person.
Source:
SL 1961, ch 201, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-27 - Unauthorized practice of veterinary medicine as misdemeanor.

36-12-27. Unauthorized practice of veterinary medicine as misdemeanor.
Any person engaging in the practice of veterinary medicine for which a license and registration certificate is required without such license or registration certificate, or without a temporary permit to do so, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §§40.0202, 40.9902; SL 1961, ch 201, §19; SL 1977, ch 190, §174.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-28 - Injunction to prevent unauthorized practice--Employment of counsel--Election of remedies.

36-12-28. Injunction to prevent unauthorized practice--Employment of counsel--Election of remedies.
Any citizen of this state may bring an action in circuit court for an injunction to restrain anyone practicing veterinary medicine without a license and registration certificate as required by this chapter. The Board of Veterinary Medical Examiners may bring action for such injunctive relief and are authorized to employ counsel from their treasury for such purpose. An action for injunction shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election.
Source:
SL 1961, ch 201, §20; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-29 - Severability of provisions.

36-12-29. Severability of provisions.
If any section, subsection, sentence, or word of this chapter shall be determined by a court of competent jurisdiction to be unconstitutional or inoperative, it shall not affect the remaining portions of this chapter.
Source:
SL 1961, ch 201, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-1 - Abstracters' Board of Examiners--Professional members.

36-13-1. Abstracters' Board of Examiners--Professional members.
The board shall be composed of five members appointed by the Governor. Four members of the board shall be abstracters who have been qualified to do the business of abstracting under §36-13-8 for five years prior to the date of their appointment. The members may not be all of the same political party, and their terms shall be for three years. Members of the board shall qualify by taking the oath of office provided by law for public officers.
The Governor shall, by appointment, fill any vacancy among the professional members of the board for the unexpired term from abstracters qualified as provided in this section. Any appointment to an unexpired term is not considered a full term.
Source:
SDC 1939, §1.0101; SL 1980, ch 378; SL 1990, ch 307; SL 2005, ch 199, §40; SL 2008, ch 195, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-1.1 - Lay member of board.

36-13-1.1. Lay member of board.
The membership of the board shall include one lay member who is a user of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, if practical, uses the service licensed. The term shall be liberally construed to implement the purpose of this section. The Governor shall appoint the lay member. The lay member shall have the same term of office as other members of the board. No lay member of the board may serve more than three consecutive full terms.
Source:
SL 1973, ch 2, §58; SL 2005, ch 199, §41; SL 2008, ch 195, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-1.2 - Definition of terms.

36-13-1.2. Definition of terms.
Terms used in this chapter mean:
(1)"Abstract," a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific parcel of land, issued under a certificate certifying to the matters contained in such compilation;
(2)"Abstracter," any person holding a certificate of registration from the board;
(3)"Abstracting," the abstracting and reporting upon public or other records under the provisions of this chapter;
(4)"Board," the Abstracters' Board of Examiners of the State of South Dakota;
(5)"Secretary-treasurer," the secretary-treasurer of the board.
Source:
SL 2008, ch 195, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-1.3 - Chain of title defined.

36-13-1.3. Chain of title defined.
The term, chain of title, means all documents of conveyance given in a continuous succession of title:
(1)With respect to unplatted lands, the smaller of:
(a)Each quarter section of land; or
(b)If a patent was issued for a portion of quarter section of land, then that portion for which that patent was issued; and
(2)With respect to platted lands, a lot as shown on the last subdivision plat recorded against the property. However, if all documents transferring ownership and given in a continuous succession of title ownership from the present owner back in time to the recording of the subdivision plat combine more than one lot, then those multiple lots included in the documents of conveyance shall be considered one chain.
As used in this section, the term, lot, means the smallest intact areas into which land has been subdivided by a subdivision plat map, whether denoted a lot, parcel, tract, undivided block, or other similar designation.
Source:
SL 2008, ch 195, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-2 - Election of officers--Bond required of secretary-treasurer.

36-13-2. Election of officers--Bond required of secretary-treasurer.
The board shall organize by the election of a president and secretary-treasurer from its members. The secretary-treasurer shall furnish a bond in the sum of not less than fifteen thousand dollars.
Source:
SDC 1939, §1.0102; SL 2008, ch 195, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-2.1 - Board continued within Department of Labor and Regulation--Records and reports.

36-13-2.1. Board continued within Department of Labor and Regulation--Records and reports.
The board shall continue within the Department of Labor and Regulation and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of labor and regulation. However, the board shall report at least annually.
Source:
SL 1973, ch 2, §56 (a); SL 1986, ch 302, §35; SL 2003, ch 272 (Ex. Ord. 03-1), §54; SL 2008, ch 195, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-3 - Informational budget reviewed by Legislature--Deposit of funds with state treasurer--Abstracters' board of examiners account created.

36-13-3. Informational budget reviewed by Legislature--Deposit of funds with state treasurer--Abstracters' board of examiners account created.
Any money received by the board shall be set forth in an informational budget as described in §4-7-7.2 and be annually reviewed by the Legislature. Any money received shall be deposited with the state treasurer. The state treasurer shall credit the money to the Abstracters' Board of Examiners account, which account is hereby created. The money in the account shall be used for the purpose of paying the expense of administering and enforcing the provisions of this chapter. The secretary-treasurer shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this chapter.
Source:
SDC 1939, §§1.0101 to 1.0103; SDCL §36-13-5; SL 1977, ch 298; SL 2008, ch 195, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-4 - Records and accounts of board--Inspection.

36-13-4. Records and accounts of board--Inspection.
The board shall keep a permanent record of its receipts and disbursements with the supporting vouchers. The records of the board shall be open to public inspection and its accounts shall be subject to audit by the Department of Legislative Audit or the state auditor.
Source:
SDC 1939, §1.0103; SL 2008, ch 195, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-6 - Enforcement of chapter by board--Seal.

36-13-6. Enforcement of chapter by board--Seal.
The board shall carry out the purposes and enforce the provisions of this chapter.
The board shall have a seal in such form as it may design, but the seal shall contain the words, "State of South Dakota, Abstracters' Board of Examiners."
Source:
SDC 1939, §§1.0101, 1.0102; revised pursuant to SL 1972, ch 15, §4; SL 1986, ch 302, §36; SL 2008, ch 195, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-6.1 - Promulgation of rules.

36-13-6.1. Promulgation of rules.
The board may promulgate rules pursuant to chapter 1-26 for the following:
(1)The fee for examinations pursuant to §36-13-11;
(2)The fee for plant examinations pursuant to §36-13-10;
(3)The areas of the law to be included and other requirements for conducting examinations pursuant to §36-13-12;
(4)The fee for a certificate of registration pursuant to §36-13-21;
(5)The schedule of fees for doing business pursuant to §36-13-25;
(6)The requirements and schedule of fees for countersigning title insurance policies pursuant to §36-13-25; and
(7)The requirements to establish and maintain an abstract plant, and the areas of inquiry and requirements to pass the abstracter plant examination pursuant to §36-13-10.
Source:
SL 1986, ch 302, §44; SL 2008, ch 195, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-7 - Subpoena power of board officers--Administration of oaths--Depositions.

36-13-7. Subpoena power of board officers--Administration of oaths--Depositions.
The president and secretary-treasurer of the board have the powers granted by §§1-26-19.1 and 1-26-19.2.
Source:
SDC 1939, §1.0102; revised pursuant to SL 1972, ch 15, §4; SL 2008, ch 195, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-8 - Certificate of registration required for business of abstracting.

36-13-8. Certificate of registration required for business of abstracting.
Any person engaging in or continuing in the business of abstracting of titles to property within the state shall first obtain a certificate of registration, file the required bond, and comply with the other requirements of this chapter and the rules promulgated by the board pursuant to chapter 1-26.
Source:
SDC 1939, §1.0104; SL 1986, ch 302, §37; SL 2008, ch 195, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-9 - Unauthorized business prohibited--Violation as misdemeanor.

36-13-9. Unauthorized business prohibited--Violation as misdemeanor.
Any person making, compiling, or certifying to abstracts of title to property in this state without having a certificate of registration from the board commits a Class 1 misdemeanor.
Source:
SDC 1939, §1.9901; SL 1977, ch 190, §175; SL 2008, ch 195, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-9.1 - Injunctions--Election of remedies.

36-13-9.1. Injunctions--Election of remedies.
The board is empowered to commence actions for injunction for violation of this chapter or rules promulgated pursuant to this chapter as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.
Source:
SL 1972, ch 15, §4; SL 1986, ch 302, §38; SL 2008, ch 195, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-10 - Title plant required to engage in business.

36-13-10. Title plant required to engage in business.
Any person engaging in or continuing the business of abstracting of titles to property within the state shall have a title plant, which shall include a set of abstract books or set of indexes or other records showing in a sufficiently comprehensive form, all instruments affecting the title to real estate which are of record or on file in the office of the register of deeds of each county in which the person seeks to engage in the business of compiling abstracts of land titles. The board shall examine each title plant for compliance with this section. The board shall establish, by rules promulgated pursuant to chapter 1-26, a fee for plant examinations not to exceed six hundred dollars. The application for a plant examination shall contain such information as the board may require and be upon a form prepared by the board. The board shall notify the applicant of a date and place for the examination of the applicant's plant. If the applicant is not a natural person, one of the members, managers, partners, shareholders, directors, or officers of the applicant must qualify by examination. The board shall issue a certificate of registration or compliance if the requirements of this section have been met.
Source:
SDC 1939, §1.0104; SL 1986, ch 302, §39; SL 2008, ch 195, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-11 - Application for certificate of registration--Examination--Fees.

36-13-11. Application for certificate of registration--Examination--Fees.
A person may obtain a certificate of registration under this chapter upon the successful completion of an examination. The person shall apply to the board and pay to its secretary-treasurer an examination fee in an amount set by the board by rules promulgated pursuant to chapter 1-26. The examination fee may not exceed seventy-five dollars for each section and the re-examination fee may not exceed fifty dollars for each section. The application shall contain such information as the board may require and be upon a form prepared by the board. The board shall fix a date and place for the examination of the applicant and send a notice to the applicant by mail.
Source:
SDC 1939, §1.0105; SL 1980, ch 257, §1; SL 1986, ch 302, §40; SL 2008, ch 195, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-11.1 - Criminal background investigation of applicants.

36-13-11.1. Criminal background investigation of applicants.
Each applicant for a certificate of registration 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 board 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 board all information obtained as a result of the criminal background check. This information shall be obtained prior to the issuance of any permanent certificate of registration. The board may require a state and federal criminal background investigation for any abstracter who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a certificate of registration. The applicant shall pay any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2008, ch 195, §37.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-12 - Scope of examination for certificate of registration.

36-13-12. Scope of examination for certificate of registration.
At the time and place fixed pursuant to §36-13-11, the board shall proceed to examine the applicant under such rules as the board may promulgate with reference to the laws of this state affecting titles of property, the recording laws, and the common practices, proceedings, and mechanics of compiling abstracts of title, the take-off and abstracting of records, elements of instruments of title essential to an abstract, showing their legal effect, and such similar requirements of education and experience as may be reasonably necessary to carry on the work of abstracting in an accurate, efficient, and reliable manner.
Source:
SDC 1939, §1.0105; SL 1986, ch 302, §41; SL 2008, ch 195, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-13 - Separate applications and examinations for different counties.

36-13-13. Separate applications and examinations for different counties.
The board may require separate applications and examinations and fees for any abstracter who applies for registration in more than one county. A certificate of registration shall qualify the holder for abstracting only in the county to which it relates.
Source:
SDC 1939, §1.0105; SL 1985, ch 15, §47; SL 2008, ch 195, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-15 - Bond required for certificate of registration--Amount and conditions.

36-13-15. Bond required for certificate of registration--Amount and conditions.
Before the board may issue a certificate of registration, the applicant shall file with the board a bond to be approved by it running to the State of South Dakota in the penal sum of twenty-five thousand dollars for counties with a population of fifteen thousand or less and fifty thousand dollars for counties having a population of over fifteen thousand as shown by the federal census last taken prior to the filing of such bond. The bond shall be conditioned for the payment by such abstracter of any damages that may be sustained by or accrue to any person by reason of or on account of any error, deficiency, or mistake in any abstract or certificate of title or continuation thereof made and issued by such abstracter.
Source:
SDC 1939, §1.0107; SL 2008, ch 195, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-16 - Financial standing of personal sureties on bond--Investigation and property statements.

36-13-16. Financial standing of personal sureties on bond--Investigation and property statements.
If a personal surety bond is given under §36-13-15, there shall be at least three sureties, each of whom shall justify for the full amount of the bond as a resident and freeholder of this state having unencumbered property in excess of all debts, liabilities, and exemptions allowed by law. The board shall investigate the financial condition of all sureties at least once each year by requiring verified property statements and by such other methods as it may deem advisable. The board may require additional property statements from sureties at any time it may elect.
Source:
SDC 1939, §1.0107; SL 2008, ch 195, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-17 - Filing and registration of bond.

36-13-17. Filing and registration of bond.
The original bond required by §36-13-15 shall be filed and registered by and remain in the office of the secretary-treasurer of the board as a public file and record. The secretary-treasurer shall file a certified copy of each bond filed and registered pursuant to this section in the office of the county auditor of the county to which it relates within thirty days after the approval of the bond.
Source:
SDC 1939, §1.0107; SL 2008, ch 195, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-18 - Additional bond required for certificate--Insufficient bond.

36-13-18. Additional bond required for certificate--Insufficient bond.
The board may at any time require any abstracter holding a certificate under the provisions of this chapter, upon thirty days' notice, to furnish such additional bonds as the board deems proper to meet the requirements of this chapter, and, in proceedings under chapter 1-26, to show cause why any bond should not be held and declared insufficient and invalid or such certificates should not be recalled and annulled.
Source:
SDC 1939, §1.0107; revised pursuant to SL 1972, ch 15, §4; SL 2008, ch 195, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-19 - Parties to action on abstracter's bond.

36-13-19. Parties to action on abstracter's bond.
Any person damaged by or on account of any error, deficiency, or mistake in any abstract or certificate of title or continuation thereof, whether or not the original purchaser, owner, or holder of the abstract, may maintain an action upon the bond required by §36-13-15 in the person's own name and also without the necessity of joining the State of South Dakota as a party.
Source:
SDC 1939, §1.0107; SL 2008, ch 195, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-20 - Recitals in certificate of registration--Authority to engage in business--Access to public offices and records.

36-13-20. Recitals in certificate of registration--Authority to engage in business--Access to public offices and records.
A certificate issued by the board under the provisions of this chapter shall recite that the bond required by §36-13-15 has been duly filed and approved. Such certificate authorizes the person named in it to engage in and carry on the business of an abstracter of real estate titles in the county in the State of South Dakota in which the person has his or her or its place of business. An abstracter with such a certificate shall, during ordinary business hours, have access to any of the offices of any of the counties of the State of South Dakota and may make such memoranda or notation from the records thereof as may be necessary for the purpose of making such abstracts of title to property in the county in which the abstracter is qualified, and for the purpose of compiling, posting, copying, and keeping up the abstracter's abstract books, indexes, or records.
Source:
SDC 1939, §1.0109; SL 2008, ch 195, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-21 - Fee for certificate of registration--Duration and renewal--Contents of application for renewal.

36-13-21. Fee for certificate of registration--Duration and renewal--Contents of application for renewal.
A certificate of registration shall be issued upon the payment of a fee set by the board by rules promulgated pursuant to chapter 1-26. The fee for a certificate of registration may not exceed the following: for counties with a population of ten thousand or less, five hundred dollars; for counties with a population over ten thousand to fifteen thousand, inclusive, seven hundred dollars; for counties with a population over fifteen thousand, one thousand dollars. The certificate is valid for a period of one year. The certificate may be renewed by the board upon application within thirty days prior to the expiration of the certificate and upon payment of the amount to the secretary-treasurer of the board. The renewal application shall be accompanied by an affidavit and any other evidence deemed necessary by the board showing that the applicant has been continuously and actively engaged in the business of making and compiling abstracts of title during the life of the preceding certificate.
Source:
SDC 1939, §1.0106; SL 1970, ch 213; SL 1976, ch 233; SL 1980, ch 257, §2; SL 1986, ch 302, §42; SL 2008, ch 195, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-21.1 - Inspection costs collected from applicant.

36-13-21.1. Inspection costs collected from applicant.
The board shall charge to and collect from the applicant for a certificate of registration for a new plant or the transfer of a certificate of registration, the actual expenses of inspecting and approving the new plant or transfer of registration including per diem, travel, and room and board.
Source:
SL 1977, ch 297; SL 2008, ch 195, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-22 - Temporary certificate to engage in business.

36-13-22. Temporary certificate to engage in business.
The board may issue a temporary certificate to any person desiring to engage in the business of abstracting in any county where there is no registered abstracter, or where the only existing abstract plant has been destroyed so that its records and indexes are not available, or where the certificate of the only qualified abstracter has been canceled for cause by order of the board, without the possession of an abstract plant, if the person successfully completes the examination required by §36-13-11 and furnishes the bond required in §36-13-15. No certificate issued pursuant to this section may be continued in effect for more than four years.
Source:
SDC 1939, §1.0112; SL 2008, ch 195, §28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-23 - Register of applicants and certificates.

36-13-23. Register of applicants and certificates.
The board shall enter the names of all applicants for registration with their place of residence and such other information as may be deemed appropriate in a register. The register shall include any action taken by the board regarding the applicant and the date upon which the certificate of registration was issued, if any.
Source:
SDC 1939, §1.0103; SL 2008, ch 195, §29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-24 - Seal of abstracter--Impression deposited with board--Affixing to abstracts.

36-13-24. Seal of abstracter--Impression deposited with board--Affixing to abstracts.
Any abstracter furnishing abstracts of title to real property under the provisions of this chapter shall first obtain a seal and shall deposit an impression of the seal with the secretary-treasurer of the board before the certificate of registration may be issued. The seal shall have stamped on it the name and location of the abstracter that is furnishing the abstracts. The seal shall be affixed to every abstract or certificate of title issued by such abstracter.
Source:
SDC 1939, §1.0108; SL 2008, ch 195, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-25 - Schedule of fees for doing business established by board--Exceeding schedule as misdemeanor.

36-13-25. Schedule of fees for doing business established by board--Exceeding schedule as misdemeanor.
The board shall, by rule promulgated pursuant to chapter 1-26, establish a schedule of fees for doing business under the provisions of this chapter and shall furnish to each licensed abstracter a copy of such schedule and any amendments. The board shall also establish, by rule promulgated pursuant to chapter 1-26, a schedule of fees and the requirements for an abstracter's services for countersigning title insurance policies pursuant to §58-25-16. It is a Class 2 misdemeanor to exceed the schedule established by the Abstracters' Board of Examiners.
Source:
SDC 1939, §1.0201; SL 1951, ch 1; SL 1953, ch 2; SL 1971, ch 215; SL 1977, ch 190, §176; SL 1980, ch 256, §1; SL 1986, ch 302, §43; SL 2008, ch 195, §31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-26 - Certified abstract as prima facie evidence in judicial proceedings.

36-13-26. Certified abstract as prima facie evidence in judicial proceedings.
Any abstract of title certified to be true and correct by any abstracter holding a valid certificate of registration pursuant to this chapter, under the signature and seal of such abstracter, shall be received by the courts of this state as prima facie evidence of the existence of records of the content and filing indicated on the abstract, subject to such rules as to procedure as the Supreme Court may promulgate in such cases.
Source:
SDC 1939, §1.0110; SL 2008, ch 195, §32.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-26.1 - Abstracter's countersignature on title policy.

36-13-26.1. Abstracter's countersignature on title policy.
An abstracter's countersignature on a title insurance policy is verification that the abstracter has furnished the insurer a report based on the examination of record title and any other title information and services required by the insurer and §36-13-25.
Source:
SL 1980, ch 256, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-27 - Destroyed public records replaced from abstracter's records--Expense.

36-13-27. Destroyed public records replaced from abstracter's records--Expense.
If the records of any county are destroyed or so spoiled as to be unintelligible, any of the certified abstracters in that county shall furnish to the county a copy of any of its abstracts, indexes, or other records of any instruments that the county may require by resolution of its board of county commissioners. The board of county commissioners shall pay the actual cost of copying the abstracts, indexes, or other records.
Source:
SDC 1939, §1.0113; SL 2008, ch 195, §33.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-28 - Suspension or revocation of certificate of registration.

36-13-28. Suspension or revocation of certificate of registration.
A certificate of registration may be suspended or revoked by the board for violation of any provision of this chapter or upon conviction of the holder of such certificate of a crime involving moral turpitude or dishonesty, or for violation of any lawful order of the board, or when the holder of such certificate is guilty of habitual intemperance, habitual carelessness, or inattention to business, or of unethical or fraudulent practices. If the certificate is not held by a natural person, the provisions of this section and §36-13-29 apply to the members, managers, directors, shareholders, or officers as well as to the certificate holder.
Source:
SDC 1939, §1.0114; SL 2008, ch 195, §34.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-29 - Procedure for suspension or revocation.

36-13-29. Procedure for suspension or revocation.
No certificate may be suspended or revoked pursuant to §36-13-28 except upon proceedings in compliance with chapter 1-26.
Source:
SDC 1939, §1.0114; revised pursuant to SL 1972, ch 15, §4; SL 2008, ch 195, §35.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 13 - Abstracters Of Title › Section 36-13-31 - Appeal.

36-13-31. Appeal.
An appeal may be taken by any person affected by any order or decision of the board as provided by chapter 1-26.
Source:
SDC 1939, §1.0116; revised pursuant to SL 1972, ch 15, §4; SL 2008, ch 195, §36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-1 - Acts constituting practice of barbering.

36-14-1. Acts constituting practice of barbering.
Any one or any combination of the following practices when done for compensation, or without payment for the public generally, upon the upper part of the human body for cosmetic purposes, and not for the treatment of physical or mental ailments, shall constitute the practice of barbering:
(1)Shaving or trimming the beard or cutting the hair;
(2)Giving facial and scalp massages or treatment with oils, creams, lotions, or other preparations either by hand or mechanical appliances;
(3)Singeing, shampooing, or dyeing the hair or applying hair tonics;
(4)Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or upper part of the body.
Source:
SDC 1939, §27.1601.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-2 - Board of Barber Examiners--Members--Terms of office--Qualifications--Removal--Vacancies.

36-14-2. Board of Barber Examiners--Members--Terms of office--Qualifications--Removal--Vacancies.
The Governor shall appoint a Board of Barber Examiners which shall include three professional members. The term of each is three years commencing on the thirty-first day of October. The appointee's term expires on October thirtieth in the third year of appointment. Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. Each of these members shall be a practical barber who has followed the occupation of barber in this state for at least five years immediately preceding the barber's appointment. The Governor may remove a member for cause and shall fill all vacancies. Any member appointed to fill a vacancy shall serve the remainder of the unexpired term. The Governor may stagger the terms to enable the board to have different terms expire each year.
Source:
SDC 1939, §27.1604; revised pursuant to SL 1973, ch 2, §58; SL 2005, ch 199, §42; SL 2012, ch 16, §4; SL 2013, ch 176, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-2.1 - Lay member of board--Appointment and term of office.

36-14-2.1. Lay member of board--Appointment and term of office.
The membership of the Board of Barber Examiners shall include one lay member who is a user of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, where practical, uses the service licensed. The term shall be liberally construed to implement the purpose of this section. The Governor shall appoint the lay member. The lay member shall have the same term of office and is subject to the same limits and conditions as other members of the board.
Source:
SL 1973, ch 2, §58; SL 2005, ch 199, §43.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 14 - Barbers And Barbershops › Section 36-14-3 - Quorum of board.

36-14-3. Quorum of board.
A majority of the Board of Barber Examiners, in meeting duly assembled, may perform and exercise all the duties and powers devolving upon the board.
Source:
SDC 1939, §27.1605; SL 1964, ch 88, §1; SL 1968, ch 117, §1.