reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-49 - Application for certificate of authorization--Contents.

36-18A-49. Application for certificate of authorization--Contents.
A business entity or office desiring a certificate of authorization or renewal shall file a written application with the board which shall contain the following:
(1)The names, license numbers, and profession of all employees or sole proprietors of the business entity or office who are duly licensed to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state and who are or will be in responsible charge of any professional services in this state by the business entity or office;
(2)A statement from the business entity that the board office will be notified in writing within thirty days after the effective date of any change;
(3)A statement by a licensed person who works for the business entity or office that the business entity or office will not permit the performance of any professional service, as defined in this chapter, by any person of the business entity or office unless the person is licensed under this chapter; and
(4)All other information the board may deem necessary as promulgated by rule pursuant to chapter 1-26.
Source:
SL 1999, ch 195, §49; SL 2007, ch 219, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-50 - Issuance of certificate of authorization--Certificate not transferable--Exempt business.

36-18A-50. Issuance of certificate of authorization--Certificate not transferable--Exempt business.
The board shall issue a certificate of authorization or a renewal to a business entity or office upon receipt of an application for a certificate of authorization and a fee as set by the board pursuant to chapter 1-26 unless the board finds an error in the application or that any facts exist which would entitle the board to suspend or revoke the certificate if issued to the applicant. The certificate of authorization is not transferable. A certificate of authorization is not required for any exempt business.
Source:
SL 1999, ch 195, §50; SL 2007, ch 219, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-51 - Business to report changes in information supplied on application--Time limit.

36-18A-51. Business to report changes in information supplied on application--Time limit.
The business entity shall file with the board a written report of any change in the information submitted on the application that occurs during the term of the certificate of authorization. The business entity shall report the change within thirty days after the effective date of the change. Failure to provide the report constitutes grounds for the board to suspend or revoke the certificate of authorization.
Source:
SL 1999, ch 195, §51.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-52 - General provisions applicable to business entities.

36-18A-52. General provisions applicable to business entities.
The provisions with respect to issuance, expiration, renewal, and reissuance of the certificate of licensure of persons contained in this chapter apply to certificates of authorization issued to business entities under the provisions of this chapter. A business entity is subject to disciplinary proceedings and penalties, and certificates of authorization are subject to suspension or revocation for cause, in the same manner and to the same extent as is provided with respect to individuals and their certificates of licensure in this chapter. The terms, licensee and certificate of licensure, as used in this chapter, apply to any business entity holding a certificate of authorization issued under this chapter and to such certificate of authorization.
Source:
SL 1999, ch 195, §52.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-53 - Employee not responsible for corporate violations--Exception.

36-18A-53. Employee not responsible for corporate violations--Exception.
A violation of any of the provisions of this chapter by a business entity is not grounds for the revocation, suspension, or refusal to renew a license of an individual employee of the business entity unless the board finds that the employee was a party to the violation.
Source:
SL 1999, ch 195, §53.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-54 - Board inquiries and investigation of violations--Report and prosecution.

36-18A-54. Board inquiries and investigation of violations--Report and prosecution.
The board shall inquire into the identity of any person alleged to be engaging in the unlawful practice of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation. The board shall investigate alleged violations of the provisions of this chapter, and report to the proper state's attorney or the attorney general any person or case that in the judgment of the board warrants prosecution. The attorney general or the several state's attorneys may prosecute violations of this chapter in the name or on behalf of the board.
Source:
SL 1999, ch 195, §54.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-55 - Board authorized to administer oaths, subpoena witnesses--Court order to compel compliance.

36-18A-55. Board authorized to administer oaths, subpoena witnesses--Court order to compel compliance.
When investigating alleged violations, the board may administer oaths to witnesses appearing before the board, subpoena licensees as witnesses and compel their attendance, and require the submittal of plans, specifications, books, records, papers, and other documents. If a licensee refuses to obey any subpoena, or refuses to testify or produce any materials required, the board may take disciplinary action or present its petition to the court of the county in which the licensee resides, and the court may enter a suitable order compelling compliance with the provisions of this chapter and imposing such other terms and conditions as the court may deem suitable. The board may also summon nonlicensees as witnesses and request their attendance, and request the submittal of plans, specifications, books, records, papers, and other documents. If a nonlicensee refuses to cooperate, testify, or produce any materials requested, the board may petition the court of the county in which the nonlicensee resides, and the court may enter a suitable order compelling compliance with the provisions of this chapter and imposing such other terms and conditions as the court may deem suitable.
Source:
SL 1999, ch 195, §55.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-57 - Disciplinary remedies available to board.

36-18A-57. Disciplinary remedies available to board.
If the board determines that a person or business entity is in violation of this chapter, the board may take the following actions:
(1)Deny an application;
(2)Suspend, temporarily suspend, revoke, or refuse to renew an enrollment or license;
(3)Place on probation, condition, or limit a licensee's practice;
(4)Reimburse the board for expenses, fine, censure, or reprimand a person or business entity;
(5)Refuse to permit a person to sit for examination or refuse to release a person's examination scores;
(6)Require a person to sit for a reexamination; and
(7)Pursue legal actions against a person or business entity that is not licensed to offer or render practices covered by this chapter.
Source:
SL 1999, ch 195, §57.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-58 - Additional remedies.

36-18A-58. Additional remedies.
In lieu of or in addition to any disciplinary remedy provided in §36-18A-57 or civil remedy provided in §36-18A-61, the board may require, as a condition of continued licensure, termination of suspension, reinstatement of license, examination, or release of examination grades, that the person:
(1)Submit to a qualifying review of the person's ability, skills, or quality of work. The person may be required to attend remedial education courses; and
(2)Complete to the satisfaction of the board continuing professional education courses as the board may specify by rule or order, pursuant to chapter 1-26.
Source:
SL 1999, ch 195, §58.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-59 - Proceedings for revocation or suspension of license.

36-18A-59. Proceedings for revocation or suspension of license.
Proceedings for the revocation or suspension of a license shall be conducted pursuant to chapter 1-26 and rules promulgated pursuant to this chapter.
Source:
SL 1999, ch 195, §59.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-60 - Findings and actions of board subject to appeal.

36-18A-60. Findings and actions of board subject to appeal.
The findings and actions of the board on disciplinary matters shall be subject to appeal as provided by chapter 1-26 and rules promulgated pursuant to this chapter.
Source:
SL 1999, ch 195, §60.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-61 - Civil remedies available to board.

36-18A-61. Civil remedies available to board.
Any person who has violated any provision of this chapter or any rule promulgated pursuant to this chapter, is subject to the following penalties:
(1)Administrative fine:
(a)Licensed person: Any person licensed by the board who violates any provision of this chapter is liable for an administrative fine not to exceed two thousand dollars for each offense;
(b)Licensed business entity: Any business entity permitted to practice by the board that violates any provision of this chapter is liable for an administrative fine not to exceed five thousand dollars for each offense.
An administrative fine not paid within sixty days from the date of the order imposing the fine may be enforced by an action in the appropriate county circuit court. Any person aggrieved by an order under this subdivision may make an appeal pursuant to chapter 1-26;
(2)Injunction: If the board deems it necessary for the public safety, it may bring an action in the name of the state in the circuit court in any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule promulgated pursuant to this chapter. Upon showing that a person has engaged in an otherwise unauthorized act or practice, a permanent or temporary injunction, or restraining order, or other appropriate relief shall be obtained against the person to prohibit the continuation of the unauthorized act or practice. If a person has caused a structure to be designed, constructed, or built by engaging in an unauthorized act or practice, a permanent or temporary injunction or restraining order, or other appropriate relief, shall be obtained against the project prohibiting the use and occupancy of any structure. For purposes of injunctive relief under this subdivision, irreparable harm exists if the board shows that a person has engaged in an act or practice constituting the unauthorized use of a title, words, figures, or sign implying licensure, or a violation of a statute, rule, or order that the board has issued or is empowered to enforce;
(3)Cease and desist order: The board may issue and have served upon a person an order requiring the person to cease and desist from any unauthorized practice or act which is in violation of this chapter or any rule promulgated pursuant to this chapter. The cease and desist order shall give reasonable notice of the rights of the person to request a hearing pursuant to chapter 1-26 and shall state the reasons for the entry of the order.
Source:
SL 1999, ch 195, §61.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-62 - Service of cease and desist order.

36-18A-62. Service of cease and desist order.
Service of the order is effective if the order is served on the person or counsel of record personally or by certified mail to the most recent address provided to the board for the person or counsel of record. Unless otherwise agreed by the board and the person requesting the hearing, the hearing shall be held no later than ninety days after the request for the hearing is received by the board.
Source:
SL 1999, ch 195, §62.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-63 - Report issued after hearing--Further order.

36-18A-63. Report issued after hearing--Further order.
The board or administrative law judge shall issue a report within thirty days of the close of the contested case hearing record. Within thirty days after the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.
Source:
SL 1999, ch 195, §63.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-64 - Order becomes final if no hearing requested--Other remedies not precluded.

36-18A-64. Order becomes final if no hearing requested--Other remedies not precluded.
If no hearing is requested within the thirty days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board. If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person is in default and the proceeding may be determined against that person upon consideration of the cease and desist order, the allegations of which may be considered to be true. Action taken pursuant to this section does not relieve a person from criminal prosecution by a competent authority or from disciplinary action by the board with respect to the person's license, registration, certification, application for examination, or renewal.
Source:
SL 1999, ch 195, §64.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-65 - Prohibited acts--Violation as Class 2 misdemeanor.

36-18A-65. Prohibited acts--Violation as Class 2 misdemeanor.
No person may:
(1)Practice, or offer to practice, the professions of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state without being licensed or exempt in accordance with the provisions of this chapter;
(2)Use or employ the title of architect, landscape architect, land surveyor, professional engineer, petroleum release assessor, or petroleum release remediator with or without qualifying adjectives without being licensed in accordance with the provisions of this chapter;
(3)Use any other words, letters, or figures indicating or intending to imply that the person is a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator without being licensed in accordance with the provision of this chapter;
(4)Present or attempt to use the certificate of licensure or seal of another, or affix a professional engineer's, architect's, land surveyor's, or landscape architect's seal on any plans, specifications, drawings, or other technical submittals which have not been prepared by that person or under that person's responsible charge and direct personal supervision;
(5)Present any false or forged evidence of any kind to the board in obtaining a certificate of licensure;
(6)Falsely impersonate any other licensee;
(7)Attempt to use an expired, suspended, or revoked license;
(8)Knowingly allow person's name or seal to be used upon plans or work not actually performed by that person or under that person's responsible charge and direct supervision; or
(9)By act of commission or omission, violate any of the provisions of this chapter.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 1999, ch 195, §65.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-66 - Prohibited acts--Repeated violation as Class 1 misdemeanor.

36-18A-66. Prohibited acts--Repeated violation as Class 1 misdemeanor.
No person may:
(1)Accept or contract to receive, directly or indirectly, any commission, percentage, gift, or other item of value for that person's influence in securing a contract or approving the performance of a contract, from any manufacturer, agent, or vendor of any material of any sort used or recommended to be used in the construction of any project for the plans or construction of which any person is employed; or
(2)Give or offer to give to any person any commission, percentage, gift, or other item of value for that person's influence in securing a contract or approving the performance of a contract or supplying any material of any sort which may be for consideration in the construction of any project. A violation of this section is a Class 2 misdemeanor for the first offense and a Class 1 misdemeanor for the second or any subsequent offense.
Source:
SL 1999, ch 195, §66.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-67 - Fee to reimburse board for costs.

36-18A-67. Fee to reimburse board for costs.
The board may impose a fee to reimburse the board for all or part of the cost of proceedings resulting in disciplinary action authorized by this chapter, the imposition of civil penalties, or the issuance of a cease and desist order. The fee may be imposed if the board shows a person has committed an act or engaged in unauthorized practice, including the unauthorized use of a title, words, figures, or signs implying licensure, or has violated a statute, rule or order of the board. The costs include the amount paid by the board for services from attorney fees, investigators, court reporters, witnesses, expert witnesses, reproduction of records, board members' per diem compensation, board staff time, and expense incurred by board members and staff.
Source:
SL 1999, ch 195, §67.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-68 - Limitation on liability of licensed professionals--Exception.

36-18A-68. Limitation on liability of licensed professionals--Exception.
A professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator is not liable for the safety of persons or property on or about a construction project site, or for the construction techniques, procedures, sequences, and schedules, or for the conduct, action, errors, or omissions of any construction contractor, subcontractor, construction manager, or material supplier, their agents or employees, unless that person assumes responsibility therefor by contract or by that person's actual conduct. This section does not relieve a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator from liability for that person's negligence in design work.
Source:
SL 1999, ch 195, §68.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-69 - Contracts in violation unenforceable.

36-18A-69. Contracts in violation unenforceable.
Any contract, written or oral, for engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services made by any person in violation of any provision of this chapter is unenforceable as to such services. It is a complete defense to any action to enforce payment for any services, if the party contracting for services proves that the person rendering or offering to render services was not at the time such services were offered or rendered, legally authorized to contract for such services.
Source:
SL 1999, ch 195, §69.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-70 - Plans, specifications, plats and submissions in violation unacceptable.

36-18A-70. Plans, specifications, plats and submissions in violation unacceptable.
No public officer or employee, as defined in subdivisions 22-1-2(37) and (39), charged with the authority or responsibility of approving or accepting plans, specifications, plats, or any other technical submissions, may accept or approve such plans, specifications, plats, or technical submissions which have been prepared in violation of this chapter.
The building official shall require the owner to engage and designate an architect or professional engineer who shall act as the architect or professional engineer of record on projects that are not exempt. If the circumstances require, the owner may designate a substitute architect or professional engineer of record who shall perform all of the duties required of the original architect or professional engineer of record. The building official shall be notified in writing by the owner if the architect or professional engineer of record is changed or is unable to continue to perform the duties. The architect or professional engineer of record is responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. A building permit issued with respect to technical submissions which do not conform with the requirements of this chapter are invalid.
Source:
SL 1999, ch 195, §70.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-71 - Register of deeds not to record land survey documents which do not contain signature, seal and date.

36-18A-71. Register of deeds not to record land survey documents which do not contain signature, seal and date.
No register of deeds of any county may file or record any map, plat, survey, or other technical submissions within the definition of land surveying which does not have impressed thereon and affixed thereto the personal signature, seal, and date of a land surveyor by whom or under whose responsible charge and direct personal supervision the map, plat, survey, or other technical submissions were prepared.
Source:
SL 1999, ch 195, §71.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-72 - Board to establish procedures and standards for certification of environmental technical services.

36-18A-72. Board to establish procedures and standards for certification of environmental technical services.
The board may promulgate rules, pursuant to chapter 1-26, regarding procedures and standards for certifying those who perform environmental technical services relative to site assessment, remedial investigations, and corrective actions necessary to remediate water or soil contaminated with a regulated substance and to establish fees to support this activity. Procedures and requirements may be promulgated by rule for determining eligibility, denial, suspension, and revocation of certification. Standards may include more than one level of certification for persons and business entities, any combination of academic background, professional experience, testing, or other technical professional licenses. Any person or business entity who practices without certification pursuant to this section is guilty of a Class 1 misdemeanor.
Source:
SL 1999, ch 195, §72.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-73 - Certification required for environmental technical services--Violation as misdemeanor.

36-18A-73. Certification required for environmental technical services--Violation as misdemeanor.
No person or business entity may perform environmental technical services without certification. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1999, ch 195, §73.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-74 - Continuation of licenses and enrollments issued under chapter 36-18.

36-18A-74. Continuation of licenses and enrollments issued under chapter 36-18.
All licenses and enrollments in effect on July 1, 1999, and issued pursuant to chapter 36-18, are continued for the balance of the term for which last issued.
Source:
SL 1999, ch 195, §75.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-75 - Certain activities of golf course designers authorized--"Golf course designer" defined.

36-18A-75. Certain activities of golf course designers authorized--"Golf course designer" defined.
Nothing in this chapter prohibits any person from engaging in the practice of, or offering to engage in practice as, a golf course designer. For purposes of this section, the term, golf course designer, means a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and responsible supervision, if the predominant purpose of such service is the design of a golf course.
Source:
SL 2001, ch 207, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-76 - Limitation on liability of architects and engineers related to services provided upon request of official following disaster or catastrophic event.

36-18A-76. Limitation on liability of architects and engineers related to services provided upon request of official following disaster or catastrophic event.
No architect or engineer may be held liable for personal injury, wrongful death, property damage, or other loss related to any architectural, structural, electrical, mechanical, or other professional design service provided by the architect or engineer, voluntarily or without compensation, at the request or approval of a national, state, or local public official in response to a declared national, state, or local emergency caused by a tornado, fire, explosion, collapse or other similar disaster or catastrophic event. This section applies to services rendered within ninety days following the end of the declared emergency, disaster, or catastrophic event unless extended by executive order of the Governor. Limited liability under this section does not apply if the injury, death, or damage is the result of gross negligence or willful or wanton misconduct. For the purposes of this section compensation does not include reimbursement for expenses.
Source:
SL 2017, ch 177, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-1 - Definitions.

36-19-1. Definitions.
Terms used in this chapter mean:
(1)"Board," the State Board of Funeral Service;
(2)"Branch chapel," a separate facility with a visitation room or chapel, in which no embalming is permitted, and which is owned by, a subsidiary of, or otherwise financially connected to or controlled by a licensed funeral establishment;
(3)"Funeral director," any person engaged in or holding out as being engaged in:
(a)Conducting funeral services and burials of casketed remains;
(b)Disinfecting and preserving dead human bodies; or
(c)Cremating human remains;
(4)"Funeral establishment," a business, at a physical location, devoted to caring for and preparing dead human bodies for burial or transportation;
(5)"Trainee," any person who has registered with the board and is engaged in training to provide funeral services.
Source: SDC 1939, §27.1401; SL 1939, ch 102, §1; SL 1963, ch 154, §1; SL 1994, ch 351, §79; SL 2010, ch 193, §1; SL 2023, ch 137, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-2 - State Board of Funeral Service--Terms--Vacancies.

36-19-2. State Board of Funeral Service--Terms--Vacancies.
The State Board of Funeral Service consists of five members appointed by the Governor.
Four members must be persons who have been licensed to practice funeral service for at least five years and are currently licensed in accordance with this chapter. One member must be a representative of the public who is not associated with or financially interested in the provision of funeral services and is not a member of a related profession or a practitioner of a related occupation.
The term of office is three years. In the event of a vacancy, the Governor shall appoint a new member to fill the unexpired term.
A board member may not serve more than three consecutive full terms. An appointment to fill an unexpired term is not considered to be a full term.
Each term of office begins on October thirty-first.
The secretary of health or the secretary's designee shall serve as an ex officio, nonvoting member of the board.
Source: SDC 1939, §27.1402; SL 1939, ch 102, §2; SL 1963, ch 154, §2; SL 1967, ch 109; SL 1973, ch 2, §58; SDCL Supp, §36-19-3.1; SL 1976, ch 234, §1; SL 2005, ch 199, §51; SL 2007, ch 213, §3; SL 2012, ch 16, §12; SL 2013, ch 176, §6; SL 2023, ch 137, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-6 - State Board of Funeral Service--Meetings.

36-19-6. State Board of Funeral Service--Meetings.
The board shall meet at least twice each year, at a time and place established by the board, and may hold additional meetings at the call of the president or at the request of a majority of the board.
Source: SDC 1939, §27.1404; SL 1963, ch 154, §2; SL 1999, ch 196, §1; SL 2023, ch 137, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-6.1 - State Board of Funeral Service--Administration.

36-19-6.1. State Board of Funeral Service--Administration.
The board shall continue within the Department of Health, 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 health.
Source: SL 1973, ch 2, §56 (j); SL 2003, ch 272 (Ex. Ord. 03-1), §37; SL 2023, ch 137, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-7 - State Board of Funeral Service--Compensation--Reimbursement for expenses.

36-19-7. State Board of Funeral Service--Compensation--Reimbursement for expenses.
Each member of the board shall receive per diem compensation in accordance with §4-7-10.4 and reimbursement for expenses incurred while engaged in official business, as provided by law.
Source: SDC 1939, §27.1403; SL 1939, ch 102, §3; SL 1945, ch 109; SL 1947, ch 124; SL 1963, ch 154, §2; SL 1967, ch 109; SL 1973, ch 23; SL 2018, ch 12, §16; SL 2023, ch 137, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-9 - State Board of Funeral Service--Officers.

36-19-9. State Board of Funeral Service--Officers.
The board shall annually elect, from among its own members, a president, a vice-president, and a secretary.
Source: SDC 1939, 27.1403, 27.1405; SL 1939, ch 102, §3; SL 1945, ch 109; SL 1947, ch 124; SL 1963, ch 154, §2; revised pursuant to SL 1972, ch 15, §4; SL 1986, ch 302, §50; SL 2021, ch 168, §26; SL 2023, ch 137, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-11 - Fees paid to treasurer--Use of fees.

36-19-11. Fees paid to treasurer--Use of fees.
All fees collected under the provisions of this chapter shall be paid to the treasurer of the State Board of Funeral Service, to be used for the purpose of defraying its necessary salaries and expenses.
Source:
SDC 1939, §27.1405; SL 1963, ch 154, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-12 - State Board of Funeral Service--Powers.

36-19-12. State Board of Funeral Service--Powers.
The board may:
(1)Issue and renew licenses, as provided in this chapter;
(2)Issue subpoenas, examine witnesses, administer oaths, conduct hearings and, at its discretion, investigate allegations of violations of this chapter, and impose penalties for such violations;
(3)Enter into contracts and employ necessary personnel to carry out its responsibilities under this chapter;
(4)Communicate disciplinary actions to state and federal authorities and to other state funeral director licensing authorities; and
(5)Perform other duties as necessary to administer this chapter.
Source: SDC 1939, §27.1406; SL 1963, ch 154, §2; SL 2023, ch 137, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-12.1 - State Board of Funeral Service--Promulgation of rules.

36-19-12.1. State Board of Funeral Service--Promulgation of rules.
The board shall promulgate rules, in accordance with chapter 1-26, to:
(1)Administer, coordinate, and enforce this chapter;
(2)Establish requirements for license application and renewal;
(3)Establish standards of professional conduct;
(4)Establish standards for the operation of a funeral establishment; and
(5)Establish fees for licensure application and licensure renewal, as provided for in §§36-19-25 and 36-19-27.
Source: SL 2023, ch 137, § 8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-14 - Required licensure.

36-19-14. Required licensure.
A person may not, without being licensed as a funeral director by the board:
(1)Embalm any dead human body;
(2)Practice embalming;
(3)Conduct or supervise funeral services and burials of casketed remains; or
(4)Maintain a funeral establishment in this state.
Source: SDC 1939, §27.1401; SL 1939, ch 102, §1; SL 1963, ch 154, §1; SL 2023, ch 137, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-18 - Funeral service--Trainee licensure--Promulgation of rules--Fee.

36-19-18. Funeral service--Trainee licensure--Promulgation of rules--Fee.
The board shall provide for the registration of each trainee pursuing licensure to practice funeral service. The board shall, by rule promulgated in accordance with chapter 1-26, provide for a registration fee, which may not exceed twenty-five dollars.
Source: SL 1963, ch 154, §3; SL 1967, ch 110; revised pursuant to SL 1972, ch 15, §3; SL 1977, ch 300, §2; SL 2008, ch 191, §35; SL 2023, ch 137, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-21 - Funeral service--License requirements.

36-19-21. Funeral service--License requirements.
The board may issue a license to practice funeral service to any person who:
(1)Is at least eighteen years of age;
(2)Submits an application on a form prescribed by the board;
(3)Pays the application fee established by the board, in accordance with §36-19-12.1;
(4)Has completed at least ninety credit hours offered by an accredited institution of higher education and obtained a degree or a certificate from a mortuary science or funeral service program that is accredited by the American Board of Funeral Service Education;
(5)Has completed one year as a trainee under a person licensed pursuant to this chapter;
(6)Has passed the national board examination, administered by the International Conference of Funeral Service Examining Board; and
(7)Has not committed any act that constitutes a ground for denying, suspending, or revoking a license under this chapter.
Source: SDC 1939, §27.1406 as amended by SL 1939, ch 102, §4; SL 1951, ch 132, §1; SL 1963, ch 154, §3; revised pursuant to SL 1972, ch 15, §4; SL 2020, ch 168, §8; SL 2023, ch 137, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-25 - Licensure renewal--Promulgation of rules--Fee.

36-19-25. Licensure renewal--Promulgation of rules--Fee.
A license to practice funeral service must be renewed annually. The board shall, by rule promulgated in accordance with chapter 1-26, establish the renewal fee, which may not exceed one hundred twenty-five dollars.
Source: SDC 1939, §27.1407; SL 1939, ch 102, §5; SL 1951, ch 132, §2; SL 1963, ch 154, §3; SL 1977, ch 300, §4; SL 1983, ch 272, §1; SL 1991, ch 311, §3; SL 2007, ch 220, §2; SL 2008, ch 191, §36; SL 2023, ch 137, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-27 - Funeral establishment--Licensure requirement--Fee--Inspection--Application.

36-19-27. Funeral establishment--Licensure requirement--Fee--Inspection--Application.
An application for a license to operate a funeral establishment is required for each location. The application must be on a form provided by the board and accompanied by an application fee.
The board shall, by rule promulgated in accordance with chapter 1-26, establish the application fee, which may not exceed two hundred fifty dollars.
The board may inspect the funeral establishment to verify compliance with state law and rules of the board.
The application for a license to operate a funeral establishment must include the name of the individual who is licensed under this chapter and responsible for managing all transactions conducted and services performed.
Source: SL 1963, ch 154, §4; SL 1977, ch 300, §5; SL 1991, ch 311, §4; SL 2007, ch 220, §3; SL 2008, ch 191, §37; SL 2023, ch 137, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-30 - Funeral establishment--Management.

36-19-30. Funeral establishment--Management.
Each funeral establishment must be managed by a person licensed under this chapter.
Source: SL 1963, ch 154, §4; SL 2023, ch 137, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-31 - Funeral establishment--Inspection.

36-19-31. Funeral establishment--Inspection.
The board shall inspect each funeral establishment at least once every three years.
Source: SDC 1939, §27.1403 as added by SL 1939, ch 102, §3; SL 1945, ch 109; SL 1947, ch 124; omitted SDC Supp 1960, §27.1403; SL 1963, ch 154, §2; SL 2023, ch 137, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-32 - Funeral establishment--Transfer or cessation.

36-19-32. Funeral establishment--Transfer or cessation.
The holder of any funeral establishment license who transfers the location of the establishment, ceases to operate the establishment, or transfers the license to another, shall, within five days thereafter, notify the board. If the location is transferred, the transferee shall provide to the board the name of the individual who is licensed, in accordance with this chapter, and is responsible for all transactions conducted and services performed.
The board may inspect the new location to verify compliance with state law and rules of the board.
Source: SL 1963, ch 154, §4; SL 2023, ch 137, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-36 - License--Limitations on transferability.

36-19-36. License--Limitations on transferability.
Each license issued under this chapter, other than the funeral establishment license, is not transferable and must be displayed by the licensee in a conspicuous place in the licensee's office or place of business.
Source: SDC 1939, §27.1407; SL 1939, ch 102, §5; SL 1951, ch 132, §2; SL 1963, ch 154, §6; SL 2023, ch 137, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-37 - License expiration--Promulgation of rules--Renewal.

36-19-37. License expiration--Promulgation of rules--Renewal.
Each license issued under this chapter expires on the following December thirty-first.
Each application for renewal must be submitted to the board during the month of December and must be accompanied by a renewal fee. The board shall promulgate rules, in accordance with chapter 1-26, to establish the amount of the fee, which may not exceed two hundred fifty dollars.
Source: SDC 1939, §27.1407; SL 1939, ch 102, §5; SL 1951, ch 132, §2; SL 1963, ch 154, §6; revised pursuant to SL 1972, ch 15, §§3, 4; SL 1977, ch 300, §7; SL 1991, ch 311, §6; SL 2007, ch 220, §4; SL 2008, ch 191, §38; SL 2023, ch 137, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-38 - Grounds for action on license.

36-19-38. Grounds for action on license.
The board may refuse to renew, and may suspend or revoke, any license if the license holder:
(1)Obtained the license by fraud or misrepresentation either in applying for the license or in passing the examination for the license;
(2)Alters the license;
(3)Uses intoxicants or drugs to such a degree as to render the person unfit to practice funeral service;
(4)Has been convicted of:
(a)A felony; or
(b)Any crime involving dishonesty, any conduct intended to deceive or defraud the public, or any other unprofessional conduct;
(5)Is guilty of malpractice in the business of funeral service;
(6)Is guilty of willfully violating this chapter, any rule of the board, or any ordinance or federal regulation governing the disposition, shipment, or transportation of dead human bodies;
(7)Signs a certificate stating that the person embalmed or prepared a dead human body for shipment or burial, if in fact another person, other than a trainee for whom supervision was provided, embalmed or prepared the dead human body for shipment or burial;
(8)Directly or indirectly:
(a)Pays or causes to be paid, a commission for the securing of business; or
(b)Solicits business, provided that the soliciting of members or the selling of stock in any cooperative burial association is not a violation of this subdivision;
(9)Engages in any practice or conduct that constitutes a danger to the health, safety, or welfare of the public;
(10)Engages in any conduct that is unbecoming of a licensee or applicant;
(11)Has been disciplined by the board of another state or territory for any act or omission that would be a violation of this chapter or rules adopted by the board;
(12)Fails to report to the board:
(a) Any discipline imposed by the board of another state or territory;
(b)Any felony conviction; or
(c)Any conviction for an offense arising out of the practice of funeral service;
(13)Has employed, enabled, or assisted the unlicensed practice or provision of any service, other than that authorized by this chapter or rules adopted by the board;
(14)Fails to maintain adequate safety and sanitary conditions or other requirements of funeral establishments, as set forth in this chapter or rules adopted by the board pursuant to chapter 1-26; or
(15)Engages in any unfair or deceptive act or practice.
If the license as funeral director is held by a firm, corporation, association, or organization, the provisions of this section apply to the members of the board of directors, officers, and employees, as well as to the firm, corporation, association, or organization.
Source: SDC 1939, §27.1408; SL 1939, ch 102, §6; SL 1951, ch 132, §3; SL 1963, ch 154, §7; SDCL, §36-19-39; revised pursuant to SL 1972, ch 15, §4; SL 2005, ch 199, §52; SL 2023, ch 137, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-41 - Violation of chapter as misdemeanor.

36-19-41. Violation of chapter as misdemeanor.
Any person, firm or corporation conducting business or doing any act which is in violation of the provisions of this chapter is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §27.9929; SL 1963, ch 154, §8; SL 1977, ch 190, §191.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 19 - Funeral Directors And Establishments › Section 36-19-41.1 - Injunction to prevent violations--Election of remedies.

36-19-41.1. Injunction to prevent violations--Election of remedies.
The State Board of Funeral Service is empowered to commence actions for injunction for violation of this chapter or regulations hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election.
Source:
SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-2 - Attest defined--Statements on standards to be adopted.

36-20B-2. Attest defined--Statements on standards to be adopted.
For the purposes of this chapter, attest means providing the following services:
(1)Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);
(2)Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);
(3)Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);
(4)Any engagement to be performed in accordance with the Auditing Standards of the Public Company Auditing Oversight Board (PCAOB); and
(5)Any examination, review, or agreed upon procedures engagement to be performed in accordance with SSAE, other than an examination described in subdivision (3).
The statements on standards specified in this definition shall be adopted by reference by the board, by rule promulgated pursuant to chapter 1-26, and shall be those developed for general application by recognized national accountancy organizations.
Source:
SL 2002, ch 179, §3; SL 2009, ch 185, §2; SL 2019, ch 170, §1.