reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-150 - Duties of broker or licensee after transaction finished.

36-21A-150. Duties of broker or licensee after transaction finished.
Unless otherwise provided in the agreement or by law, no broker and licensee associated with that broker engaged as a seller's/landlord's or buyer's/tenant's agent, subagent, limited agent, or transaction broker owes any further duty or obligation to a client or customer after termination, expiration, completion, or performance of the agency or brokerage agreement, except for the following duties:
(1)Accounting for all moneys and property related to and received during the engagement; and
(2)Keeping confidential all information received during the course of the engagement.
Source:
SL 1998, ch 229, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-151 - Applicants and licensees under disciplinary investigation--Criminal background check.

36-21A-151. Applicants and licensees under disciplinary investigation--Criminal background check.
Each applicant for licensure and registration as a real estate broker, property manager, or residential rental agent 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 commission 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 commission all information obtained as a result of the criminal background check. This information shall be obtained prior to licensure of the applicant. The commission may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the commission. 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 or the criminal background investigation.
Source:
SL 2009, ch 190, §1; SL 2021, ch 179, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21B - Real Estate Appraisers › Section 36-21B-1 - Appraisers to be certified, licensed, or registered--Injunction for violation.

36-21B-1. Appraisers to be certified, licensed, or registered--Injunction for violation.
Any person who performs a real estate appraisal or advertises or holds himself or herself out to the general public as a real estate appraiser in this state shall be certified, licensed, or registered by the Department of Labor and Regulation unless exempt under another provision of this chapter or another provision of statute. Any person who violates this section may be restrained by permanent injunction in any court of competent jurisdiction, at the suit of the attorney general or any citizen of the state.
Source:
SL 1995, ch 223, §1; SL 2004, ch 17, §236; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011; SL 2011, ch 182, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21C - Home Inspectors › Section 36-21C-13 - Grounds for refusing, suspending or revoking license or registration.

36-21C-13. Grounds for refusing, suspending or revoking license or registration.
The commission may refuse to grant or may suspend or revoke a home inspector license or registration upon proof, to the satisfaction of the commission, that the holder has:
(1)Disclosed any information concerning the results of the home inspection without the approval of a client or the client's representative;
(2)Accepted compensation from more than one interested party for the same service without the written consent of all interested parties;
(3)Accepted commissions or allowances, directly or indirectly, from other parties dealing with the holder's client in connection with work for which the holder is responsible;
(4)Failed to disclose promptly to a client information about any business interest of the holder which may affect the client in connection with the home inspection; or
(5)Been convicted, or pled guilty or nolo contendere before a court of competent jurisdiction in this or any other state, or before any federal court, of a misdemeanor involving moral turpitude or a felony arising under the laws of this state or under the laws of the United States or any other state that would be a misdemeanor involving moral turpitude or a felony under the laws of this state.
Source:
SL 2000, ch 194, §13; SL 2014, ch 183, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21C - Home Inspectors › Section 36-21C-14 - Applicants and licensees under disciplinary investigation--Criminal background check.

36-21C-14. Applicants and licensees under disciplinary investigation--Criminal background check.
Each applicant for licensure and registration as a home inspector 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 commission 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 commission all information obtained as a result of the criminal background check. This information shall be obtained prior to licensure of the applicant. The commission may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the commission. 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 or the criminal background investigation.
Source:
SL 2009, ch 190, §2; SL 2021, ch 179, § 3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-1 - Registration of appraisal management companies required--Injunction for violation.

36-21D-1. Registration of appraisal management companies required--Injunction for violation.
Any person or entity acting as an appraisal management company or performing appraisal management services in this state, except an appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institution regulatory agency, shall register with the Department of Labor and Regulation. Any person or entity who violates this section may be restrained by permanent injunction in any court of competent jurisdiction, at the suit of the attorney general or any citizen of the state.
Source:
SL 2011, ch 184, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-2 - Appraisal management company defined.

36-21D-2. Appraisal management company defined.
For the purposes of this chapter, the term, appraisal management company, means, in connection with valuing properties and collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of or other principal in the secondary mortgage markets, that oversees a network or panel of more than fifteen certified or licensed appraisers in a state or twenty-five or more nationally within a given year to:
(1)Recruit, select, and retain appraisers;
(2)Contract with licensed or certified appraisers to perform appraisal assignments;
(3)Manage the process of having an appraisal performed, including providing administrative duties including:
(a)Receiving appraisal orders and appraisal reports;
(b)Submitting completed appraisal reports to creditors and underwriters;
(c)Collecting fees from creditors and underwriters for services provided; or
(d)Reimbursing appraisers for services performed; or
(4)Review and verify the work of appraisers for compliance with the Uniform Standards of Professional Appraisal Practice.
Source:
SL 2011, ch 184, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-3 - Appraisal defined.

36-21D-3. Appraisal defined.
For the purposes of this chapter, an appraisal is the act or process of developing an opinion of value of real estate for another and for compensation.
Source:
SL 2011, ch 184, §3; SL 2013, ch 180, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-4 - Promulgation of rules regarding companies and services.

36-21D-4. Promulgation of rules regarding companies and services.
The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 relating to appraisal management companies and appraisal management services in the following areas:
(1)Registration of appraisal management companies;
(2)Definition of terms;
(3)Responsibilities and duties;
(4)Application for and issuance of certificate of registration;
(5)Renewal and late renewal procedures;
(6)Contracting for investigations;
(7)Complaints and grounds for disciplinary actions, including denial, revocation, suspension, censure, and reprimand;
(8)Retention and inspection of records;
(9)Roster;
(10)Review of appraisal related records;
(11)Inspection, examination, and photocopy of records;
(12)National registry fee collection and remittance; and
(13)Filing of surety bonds or irrevocable letters of credit.
Source:
SL 2011, ch 184, §4; SL 2014, ch 184, §4; SL 2021, ch 168, § 36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-5 - Promulgation of rules regarding fees.

36-21D-5. Promulgation of rules regarding fees.
The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 to establish fees for registration of appraisal management companies as follows:
(1)Application fees not to exceed one thousand dollars;
(2)Renewal fees not to exceed one thousand dollars; and
(3)An additional late renewal fee not to exceed six hundred dollars.
Source:
SL 2011, ch 184, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-6 - South Dakota appraisal management companies fund.

36-21D-6. South Dakota appraisal management companies fund.
All moneys received by the Department of Labor and Regulation pursuant to this chapter shall be deposited by the department with the state treasurer. The state treasurer shall credit the moneys to the South Dakota appraisal management companies fund. Expenditure from this fund shall only be paid on warrants drawn by the state auditor and approved by the department.
Source:
SL 2011, ch 184, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-7 - Expenditure from fund only upon appropriation.

36-21D-7. Expenditure from fund only upon appropriation.
Any expenditure of money from the South Dakota appraisal management companies fund shall be made only upon appropriation by the Legislature through either the general appropriations act or a special appropriations bill.
Source:
SL 2011, ch 184, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-8 - Monetary penalty for violation.

36-21D-8. Monetary penalty for violation.
The secretary of the Department of Labor and Regulation may impose a monetary penalty not to exceed two thousand dollars on an appraisal management company registered pursuant to this chapter or on an unregistered appraisal management company performing appraisal management services in this state, upon proof of a violation of the rules relating to appraisal management companies as adopted by the department pursuant to chapter 1-26 or a violation of this chapter.
Source:
SL 2011, ch 184, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-9 - Assessment of expenses of contested case proceeding.

36-21D-9. Assessment of expenses of contested case proceeding.
The secretary of the Department of Labor and Regulation may assess to a registered appraisal management company, an applicant for registration as an appraisal management company, or an unregistered appraisal management company performing appraisal management services in this state, all or part of the actual expenses of a contested case proceeding resulting in the discipline or censure of the registrant, suspension or revocation of the registrant's certificate of registration, the denial of a certificate of registration to the applicant, or the discipline or censure of an unregistered appraisal management company performing appraisal management services in this state.
Source:
SL 2011, ch 184, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-10 - Prohibited conduct--Grounds for discipline.

36-21D-10. Prohibited conduct--Grounds for discipline.
No employee, director, officer, agent, independent contractor or other third party acting on behalf of an appraisal management company may:
(1)Improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal;
(2)Intimidate, coerce, extort, bribe, blackmail, withhold payment for appraisal services, or threaten to exclude the real estate appraiser from future work in order to improperly obtain a desired result;
(3)Condition payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached;
(4)Request a real estate appraiser to report a predetermined opinion, conclusion, or valuation or the desired valuation of any person or entity;
(5)Engage in any other act or practice that impairs or attempts to impair a real estate appraiser's independence, objectivity, and impartiality;
(6)Require a real estate appraiser to provide the appraisal management company with the appraiser's digital signature or seal;
(7)Alter, amend, or change an appraisal report submitted by a real estate appraiser;
(8)Remove an appraiser from a real estate appraiser panel without prior written notice to the appraiser, with the prior written notice including evidence of the following:
(a)The appraiser's illegal conduct;
(b)A violation of the appraisal standards adopted by the Department of Labor and Regulation pursuant to this chapter; or
(c)Improper or unprofessional conduct; or
(9)Require an appraiser to sign any indemnification agreement that would require the appraiser to defend and hold harmless the appraisal management company or any of its agents or employees for any liability, damage, losses, or claims arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed by the appraiser.
A violation of this section may constitute grounds for discipline against an appraisal management company who is registered pursuant to the laws of the State of South Dakota.
Source:
SL 2011, ch 184, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-11 - Permissible conduct.

36-21D-11. Permissible conduct.
No appraisal management company violates §36-21D-10 solely by asking a real estate appraiser to:
(1)Consider additional, appropriate property information;
(2)Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or
(3)Correct errors in the appraisal report.
An appraisal management company may retain a real estate appraiser from panels or lists on a rotating basis; supply an appraiser with information the appraiser is required to analyze under the appraisal standards adopted by the department, such as agreements of sale, options, and listings of the property to be valued; and withhold 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.
Source:
SL 2011, ch 184, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-12 - Surety bond or irrevocable letter of credit to be filed with application for registration or renewal--Conditions.

36-21D-12. Surety bond or irrevocable letter of credit to be filed with application for registration or renewal--Conditions.
An applicant for issuance or renewal of an appraisal management company registration shall file with the Department of Labor and Regulation a surety bond with one or more corporate sureties authorized to do business in this state or an irrevocable letter of credit issued by an insured institution authorized to do business in South Dakota in the amount of twenty-five thousand dollars. The surety bond or irrevocable letter of credit shall be conditioned upon the following:
(1)That the appraisal management company pay all amounts owed to a person who performs a real estate appraisal service for the company and pay all amounts adjudged against the company by reason of a negligent or improper real estate appraisal, a negligent or improper appraisal management service, or a breach of contract in performing a real estate appraisal or appraisal management service; and
(2)That the surety company or insured institution provides written notice to the department, by registered or certified mail, at least thirty days before the surety company or insured institution cancels or revokes a surety bond or irrevocable letter of credit or if the surety company or insured institution pays for a loss under the surety bond or irrevocable letter of credit.
Source:
SL 2014, ch 184, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-13 - Maintenance of surety bond or irrevocable letter of credit.

36-21D-13. Maintenance of surety bond or irrevocable letter of credit.
An appraisal management company shall continuously maintain the surety bond or irrevocable letter of credit required by §36-21D-12 on file with the Department of Labor and Regulation in the amount of twenty-five thousand dollars for the exclusive purpose of payment of the obligations listed in subdivision 36-21D-12(1). Upon termination, cancellation, or reduction of the surety bond or irrevocable letter of credit to less than twenty-five thousand dollars, the registered appraisal management company shall file a replacement surety bond or irrevocable letter of credit within the time period established by the department by rule or surrender the company's registration to the department and cease operating as an appraisal management company.
Source:
SL 2014, ch 184, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21D - Appraisal Management Companies › Section 36-21D-14 - Action against surety bond or irrevocable letter of credit.

36-21D-14. Action against surety bond or irrevocable letter of credit.
Any person damaged by an appraisal management company's failure to pay an obligation listed in subdivision 36-21D-12(1) has a right of action against the surety bond or irrevocable letter of credit. Any action against a surety bond or irrevocable letter of credit must be filed in a court of competent jurisdiction within one year after the appraisal management company fails to pay the amount owing or the amount adjudged against the appraisal management company.
Source:
SL 2014, ch 184, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 24 - Hearing Aid Dispensers And Audiologists › Section 36-24-1 - Definition of terms.

36-24-1. Definition of terms.
Terms used in this chapter mean:
(1)"Audiogram," a graphic summary of the measurements of hearing loss showing number of decibels loss at each frequency tested;
(2)"Audiology," the application of principles, methods, and procedures related to hearing and the disorders of hearing and to related language and speech disorders;
(3)"Board," the South Dakota Board of Hearing Aid Dispensers and Audiologists;
(4)"Disorders of hearing," any condition, whether of organic or nonorganic origin, peripheral or central, that impedes the normal process of human communication including disorders of auditory sensitivity, acuity, function, or processing;
(5)"Dispense," any transfer of title, possession, or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with a distributor or dealer;
(6)"License," any license issued by the board to dispense hearing aids or practice audiology;
(7)"Provisional license," any license issued to an applicant who is practicing audiology while completing the postgraduate professional experience as required by this chapter or a license issued to an applicant as a hearing aid dispenser trainee and supervised by a person who holds a valid hearing aid dispensing license or audiology license;
(8)"Supervisor," any person who is licensed and accepts the responsibility of overseeing the training of provisional licensees in their respective professions.
Source:
SL 1968, ch 118, §2; SL 1997, ch 221, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 24 - Hearing Aid Dispensers And Audiologists › Section 36-24-1.1 - Hearing aid defined.

36-24-1.1. Hearing aid defined.
For the purposes of this chapter, a hearing aid is any wearable instrument or device offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories to the instrument or device, including ear molds, but excluding batteries and cords. The term, hearing aid, does not include cochlear implant or cochlear prosthesis.
Source:
SL 1997, ch 221, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 24 - Hearing Aid Dispensers And Audiologists › Section 36-24-1.2 - Audiologist defined.

36-24-1.2. Audiologist defined.
For the purposes of this chapter, an audiologist is any person who engages in the practice of audiology and who meets the qualifications set forth in this chapter. A person represents oneself to be an audiologist if that person holds out to the public by any means, or by any service or function performed, directly or indirectly, or by using the terms audiology, audiologist, audiometrist, audiological, hearing therapy, hearing therapist, hearing clinic, hearing clinician, hearing aid audiologist, or any variation that expresses these terms.
Source:
SL 1997, ch 221, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 24 - Hearing Aid Dispensers And Audiologists › Section 36-24-1.3 - Hearing aid dispenser defined.

36-24-1.3. Hearing aid dispenser defined.
For the purposes of this chapter, a hearing aid dispenser is any person, other than an audiologist, engaged in the evaluation or measurement of the powers or range of human hearing by means of an audiometer, or by any other means devised, and the consequent selection or adaptation or sale of a hearing aid intended to compensate for hearing loss, including the making of an ear impression.
Source:
SL 1997, ch 221, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 24 - Hearing Aid Dispensers And Audiologists › Section 36-24-1.4 - Instruction defined.

36-24-1.4. Instruction defined.
For the purposes of this chapter, instruction is either of the following:
(1)Providing audiology services or teaching in an infant or toddler program, a preschool, an elementary school, a secondary school, or a developmental disability program; or
(2)Teaching students in institutions of higher education.
Source:
SL 1997, ch 221, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 24 - Hearing Aid Dispensers And Audiologists › Section 36-24-1.5 - Research defined.

36-24-1.5. Research defined.
For the purposes of this chapter, research is the systematic investigation designed to develop or contribute to generalizable knowledge about human communication, human communication disorders, and evaluation or treatment strategies. Activities which meet this definition constitute research. However, research does not include activities that take place under the auspices of a recognized institutional review board which reviews, approves, and monitors proposals and activities involving human subjects to ensure that the rights and welfare of such subjects are protected.
Source:
SL 1997, ch 221, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 24 - Hearing Aid Dispensers And Audiologists › Section 36-24-2 - Board of hearing aid dispensers and audiologists created.

36-24-2. Board of hearing aid dispensers and audiologists created.
There is hereby created the South Dakota Board of Hearing Aid Dispensers and Audiologists with the duties and powers as provided in this chapter.
Source:
SL 1968, ch 118, §1 (1); SL 1997, ch 221, §8.