reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-5 - Practice of landscape architecture defined.

36-18A-5. Practice of landscape architecture defined.
For the purposes of this chapter, the term, practice of landscape architecture, means the practice or offering to practice landscape architecture projects, including preparing preliminary studies, providing land-use studies, developing design concepts, planning for the relationships of physical improvements and intended uses of the site, establishing form and aesthetic elements, analyzing and providing for life safety requirements, developing those construction details on the site which are exclusive of any building or structure and do not require the seal of an engineer or architect, preparing and coordinating technical submissions, and conducting site observation of landscape architecture projects.
Landscape architecture, for the purposes of landscape preservation, development, and enhancement, includes: investigation, selection, and allocation of land and water resources for appropriate use; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation, review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance.
Source:
SL 1999, ch 195, §5; SL 2016, ch 195, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-6 - Practice of petroleum release assessment defined.

36-18A-6. Practice of petroleum release assessment defined.
For the purposes of this chapter, the term, practice of petroleum release assessment, means the practice of directing or supervising the field crew performing activities related to assessments and environmental monitoring; developing assessment plans; directing the placement of soil borings and determining where to collect samples for analytical data; determining the location of representative soil samples for contaminant analysis; identifying and classifying soil types and soil conditions; preparing soil boring logs or supervising preparation of logs; testing and reporting on the physical and chemical properties of soils; identifying and reporting on geological conditions; developing and implementing groundwater evaluation activities; directing the placement of monitoring or observation wells; evaluating aquifer characteristics; formulating input data for groundwater flow models; operating groundwater models and interpreting results; directing the performance of pump tests or dye tests and other aquifer tests; interpreting the results of aquifer testing; determining capture zones for groundwater removal systems; evaluating and reporting on physical and chemical groundwater data; or offering to provide any services pursuant to this section.
Source:
SL 1999, ch 195, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-7 - Practice of petroleum release remediation defined.

36-18A-7. Practice of petroleum release remediation defined.
For the purposes of this chapter, the term, practice of petroleum release remediation, means the practice of interpreting assessment results; formulating input data for contaminant models; operating contaminant models and interpreting results; identifying the potential fate of contaminants and environmental transport mechanisms; identifying the environmental risks and health hazards of contaminants and contaminated media; directing or supervising the disposal of contaminated soil and groundwater; evaluating and recommending remediation alternatives; preparing a cost estimate or cost-effective analysis for remedial alternatives; developing soil and groundwater remediation systems; preparing the plans and specifications for remedial systems; directing or supervising the installation, operation, and maintenance of remedial systems; overseeing and directing assessment and remedial activities; signing assessment plans, assessment reports, and remedial action plans; or offering to provide any of the services pursuant to this section. A petroleum release remediator may perform all the functions of a petroleum release assessor.
Source:
SL 1999, ch 195, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-8 - License required to practice professions enumerated in chapter.

36-18A-8. License required to practice professions enumerated in chapter.
Any person or business entity practicing or offering to practice architecture, engineering, land surveying, landscape architecture, or petroleum release assessment or remediation shall submit evidence of qualifications to the board and be licensed in accordance with the provisions of this chapter. No person or business entity may practice or offer to practice any of these professions, or to use in connection with that person's or business entity's name or otherwise assume, use, or advertise any title or description that may falsely convey the impression that the person is duly licensed under the provisions of this chapter unless the person is so licensed.
Source:
SL 1999, ch 195, §8; SL 2007, ch 219, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-10 - Building consisting of more than one type of occupancy--Limitations for each type.

36-18A-10. Building consisting of more than one type of occupancy--Limitations for each type.
For the purposes of subdivision 36-18A-9(8) of this chapter, if a building consists of more than one type of occupancy, each portion of the building shall conform to the limitations established by that subdivision for each type of occupancy. The area of the building shall be such that the sum of the ratios of the actual area for each separate occupancy divided by the total allowable area allowed by that subdivision for each separate occupancy does not exceed one.
Source:
SL 1999, ch 195, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-11 - Design-build services by contractor.

36-18A-11. Design-build services by contractor.
This chapter does not prohibit a contractor from offering to provide or from providing design-build services if the architectural and engineering services offered or provided in connection with the design-build services are rendered by an architect or professional engineer licensed in accordance with this chapter.
Source:
SL 1999, ch 195, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-12 - Certain services performed by authorized petroleum release business exempt.

36-18A-12. Certain services performed by authorized petroleum release business exempt.
This chapter does not apply to providers of services such as drilling or monitoring well installation, analytical testing, monitoring, electrical, plumbing, excavation, or construction if the service provided is part of a site assessment, remedial investigation, or corrective action to remediate water or soil contaminated from a petroleum release performed or executed by an authorized petroleum release business entity with a certificate of authorization.
Source:
SL 1999, ch 195, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-13 - Incidental cross-practice by architects and engineers.

36-18A-13. Incidental cross-practice by architects and engineers.
An architect may engage in the practice of professional engineering, or a professional engineer may engage in the practice of architecture, but only to the extent that such practice is incidental or of minor importance to a project or service being legally performed under this chapter.
Source:
SL 1999, ch 195, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-14 - Board of Technical Professions created--Certificate of appointment--Oath of office--Number and terms of members--Composition.

36-18A-14. Board of Technical Professions created--Certificate of appointment--Oath of office--Number and terms of members--Composition.
The Board of Technical Professions is created to administer the provisions of this chapter. Each member of the board shall receive a certificate of appointment from the Governor and shall file with the secretary of state a written oath for the faithful discharge of the member's official duties. The board shall consist of seven members to be appointed by the Governor for a term of three years. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose. The board shall be composed of two professional engineers, two architects, two land surveyors, and one member from the public. The Governor may stagger the terms to enable the board to have different terms expire each year. Any member appointed to the board prior to July1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the board after July1, 2005, shall serve a three-year term.
Source:
SL 1999, ch 195, §14; SL 2005, ch 199, §49.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-15 - Board member qualifications.

36-18A-15. Board member qualifications.
Each member of the board shall be a citizen of the United States, a resident of this state, and in good standing with the board. Any member of the board whose individual license is revoked or suspended automatically ceases to be a member of the board. The public member may not be or have been engaged in any activity subject to licensure under this chapter. The members may not all be of the same political party.
Source:
SL 1999, ch 195, §15; SL 2007, ch 219, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-16 - Immunity of board members--Attorney general to represent board.

36-18A-16. Immunity of board members--Attorney general to represent board.
The members of the board, or any committee of the board, and the executive director of the board are immune from liability in damages, and no cause of action for damages may arise against them for any act or proceeding undertaken or performed by them within their official capacity if they acted in good faith. These persons, while acting upon disciplinary matters and in carrying out civil remedies, are deemed to be acting as officers of the state. The attorney general shall represent and appear for them in any action or proceeding brought by or against them because of such acts.
Source:
SL 1999, ch 195, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-17 - Removal of board member--Filling of vacancies.

36-18A-17. Removal of board member--Filling of vacancies.
The Governor may remove any member of the board for misconduct, incapacity, or neglect of duty. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.
Source:
SL 1999, ch 195, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-18 - Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.

36-18A-18. Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.
The board shall annually elect from its members a chair, a vice chair, and a secretary. The board shall hold at least six regular meetings in each year. Special meetings may be called and notice of all meetings shall be given in such manner as the public meetings laws may provide. At all meetings, a majority of the board constitutes a quorum. The board and its employees may be included in the state blanket bond purchased pursuant to §3-5-5.1.
Source:
SL 1999, ch 195, §18; SL 2007, ch 219, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-19 - Accounting for moneys received--Disbursement of funds--Vouchers and warrants.

36-18A-19. Accounting for moneys received--Disbursement of funds--Vouchers and warrants.
The executive director of the board shall receive and account for all money derived under the provisions of this chapter. All money shall be used by the board to administer the duties set forth under this chapter. The board may determine the manner of disbursing the money and purposes for which disbursements shall be made. Warrants for the payment of disbursements shall be issued by the state auditor and paid by the state treasurer upon presentation of itemized vouchers approved by the board. The total of the warrants may not exceed the total balance.
Source:
SL 1999, ch 195, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-20 - Employment of counsel and assistance in enforcement.

36-18A-20. Employment of counsel and assistance in enforcement.
The board may employ counsel and other necessary assistance to aid in the enforcement of this chapter or for the assistance of any proceeding commenced by the attorney general or by a state's attorney, the compensation and expenses of whom shall be paid from the technical professions fund.
Source:
SL 1999, ch 195, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-21 - Employment of executive director and staff--Offices.

36-18A-21. Employment of executive director and staff--Offices.
The board shall employ an executive director who shall work under the direction of the board and shall be delegated the duties necessary to conduct board business. The board may employ staff and rent offices as necessary for the proper performance of its duties as prescribed in this chapter. The compensation and expenses shall be paid from the technical professions fund.
Source:
SL 1999, ch 195, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-22 - Board to promulgate rules--Scope of rules--Existing rules remain in effect.

36-18A-22. Board to promulgate rules--Scope of rules--Existing rules remain in effect.
The board shall, pursuant to chapter 1-26, promulgate rules that may be reasonably necessary for the performance of its duties, the regulation of proceedings before it, and the licensure of the professions it regulates. The existing rules promulgated under the previous chapter 36-18 remain in effect until replaced. The board shall promulgate rules, pursuant to chapter 1-26, for the licensure of professional engineers, architects, land surveyors, landscape architects, and petroleum release assessors and remediators in the following areas:
(1)Forms such as applications, renewals, licenses or certificates, and receipts for applicants, licensed professionals, and business entities;
(2)Fees for applications, examinations, renewals, late penalties, lists and labels of licensees, returned checks, reinstatement, inactive status, ability to allow a vendor to collect fees for examinations, waiver of fees;
(3)Criteria for types of education degrees, approval of accredited programs, intern programs, type of experience, length of experience, national and state specific examinations, use of computer examinations, criteria from other countries, procedure to evaluate foreign degrees, eligibility of applicants, dual licenses;
(4)Continuing professional education and development content, hours, carryovers, and requirements;
(5)How, when, and where to seal plans and documents; type of seal; required services to be provided; and criteria to define complete plans, minimum standards of practice, and guidelines;
(6)Description of and criteria for construction administration, including a designation of who is to perform construction administration and criteria for a prime professional or a coordinating professional;
(7)Requirements for compliance with local building code; and
(8)The adoption of a code of professional conduct.
Source:
SL 1999, ch 195, §22; SL 2007, ch 219, §10; SL 2021, ch 168, § 25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-23 - Board continued within Department of Labor and Regulation--Retains functions of previous commission.

36-18A-23. Board continued within Department of Labor and Regulation--Retains functions of previous commission.
The Board of Technical Professions shall continue within the Department of Labor and Regulation and shall retain all the prescribed functions, including administrative functions, of the previous State Commission of Engineering, Architectural and Land Surveying Examiners.
Source:
SL 1999, ch 195, §23; SL 2003, ch 272 (Ex. Ord. 03-1), §47; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-24 - Record and report policy.

36-18A-24. Record and report policy.
The board shall maintain the following record and report policy:
(1)A record of its proceedings and all current applications of licensure shall be retained;
(2)The record of the board shall be prima facie evidence of the proceedings of the board, and a transcript thereof, duly certified by the executive director of the board, shall be admissible as evidence with the same force and effect as if the original were produced; and
(3)The following are of a confidential nature and are not public records: examination scores, examination material, examination problem solutions, letters of inquiry and references concerning applicants, board inquiry forms concerning applicants and licensees, and investigation files if any investigation is still pending.
Source:
SL 1999, ch 195, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-25 - Engineering intern--Qualifications.

36-18A-25. Engineering intern--Qualifications.
Any applicant for enrollment as an engineering intern shall provide evidence satisfactory to the board that the applicant has graduated from or is admitted in an accredited engineering curriculum and has passed an examination. The examination may be taken during the applicant's senior year of study or at such time as may be determined by the board. The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.
Source:
SL 1999, ch 195, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-26 - Professional engineer licensure qualifications--Board to establish criteria.

36-18A-26. Professional engineer licensure qualifications--Board to establish criteria.
Any applicant for licensure as a professional engineer shall provide the following evidence satisfactory to the board:
(1)Graduation from an accredited engineering college, university, or technical program;
(2)Completion of the minimum number of years of diversified engineering experience under the supervision of a licensed professional engineer; and
(3)Successful completion of examinations.
The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.
Source:
SL 1999, ch 195, §26; SL 2007, ch 219, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-27 - Architect licensure qualifications--Certification by National Council of Architectural Registration Boards in lieu of qualifications--Board to establish criteria.

36-18A-27. Architect licensure qualifications--Certification by National Council of Architectural Registration Boards in lieu of qualifications--Board to establish criteria.
Any applicant for licensure as an architect shall provide the following evidence satisfactory to the board:
(1)Graduation with an accredited professional degree in architecture;
(2)Completion of the national architectural intern development program; and
(3)Successful completion of examinations.
The board may qualify an applicant who holds a certification issued by the National Council of Architectural Registration Boards in lieu of the qualifications listed in this section. The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.
Source:
SL 1999, ch 195, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-28 - Land surveying intern qualifications--Board to establish criteria.

36-18A-28. Land surveying intern qualifications--Board to establish criteria.
Any applicant for enrollment as a land surveying intern shall provide evidence satisfactory to the board that the applicant has graduated from an accredited surveying or engineering curriculum, or substantially similar experience acceptable to the board and has passed an examination. The examination may be taken during the applicant's senior year of study or at such time as may be determined by the board. The board shall promulgate rules pursuant to chapter 1-26 to establish education, experience, and examination criteria.
Source:
SL 1999, ch 195, §28.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-29 - Land surveyor qualifications--Board to establish criteria.

36-18A-29. Land surveyor qualifications--Board to establish criteria.
Any applicant for licensure as a land surveyor shall provide the following evidence satisfactory to the board:
(1)Graduation from an accredited engineering or land surveying college, university, or technical program with a minimum of twenty credit hours of surveying curriculum, or substituted experience, in whole or part, acceptable to the board;
(2)Completion of the minimum number of years of diversified surveying experience under the supervision of a licensed land surveyor; and
(3)Successful completion of examinations.
The board shall promulgate rules pursuant to chapter 1-26 to establish education, experience, and examination criteria.
Source:
SL 1999, ch 195, §29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-30 - Landscape architect qualifications--Certification by Council of Landscape Architectural Registration Boards in lieu of qualifications--Board to establish criteria.

36-18A-30. Landscape architect qualifications--Certification by Council of Landscape Architectural Registration Boards in lieu of qualifications--Board to establish criteria.
Any applicant for licensure as a landscape architect shall provide the following evidence satisfactory to the board:
(1)Graduation from an accredited program of landscape architecture;
(2)Completion of a council record from the Council of Landscape Architectural Registration Boards; and
(3)Successful completion of examinations.
The board may qualify an applicant who holds a certification issued by the Council of Landscape Architectural Registration Boards in lieu of the qualifications listed in this section. The board shall promulgate rules, pursuant to chapter 1-26, to establish education, experience, and examination criteria.
Source:
SL 1999, ch 195, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-31 - Petroleum release assessor or remediator--Qualifications--Board to establish criteria.

36-18A-31. Petroleum release assessor or remediator--Qualifications--Board to establish criteria.
Any applicant for licensure as a petroleum release assessor or remediator shall provide the following evidence satisfactory to the board:
(1)Completion of education and experience requirements; and
(2)Successful completion of examinations.
The board shall promulgate rules pursuant to chapter 1-26 to establish education, experience, and examination criteria.
Source:
SL 1999, ch 195, §31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-32 - Oral interview--Failure to provide information as grounds for disciplinary action--Interpretation of experience and education.

36-18A-32. Oral interview--Failure to provide information as grounds for disciplinary action--Interpretation of experience and education.
The board may require the applicant to appear for an oral interview if there are questions as to the depth, extent, and quality of any experience. Failure to supply additional evidence or information within thirty days from the date of a written request from the board, or failure to appear before the board if an appearance is requested, may be considered cause for disciplinary action or disapproval of an application. The board shall interpret qualifying experience and education according to the following:
(1)Qualifying experience is diversified, general practice experience of a progressive degree of difficulty, magnitude, and responsibility under proper professional guidance and supervision of licensed persons;
(2)For partially completed work in accredited or approved degree granting curriculums, education credit of three-fourths of a year may be allowed for each thirty semester hours of study. For work in vocational or trade schools, education credit of one-half of a year may be allowed for each thirty semester hours of study;
(3)Education from foreign schools shall be evaluated with accredited programs in the United States, and experience in foreign employment under licensed persons shall be evaluated by the board;
(4)Qualifying experience under proper professional guidance and supervision of licensed persons gained in work experience with governmental agencies, the military, construction, sales, and industry requiring the application of skills normally taught in the schools of engineering, science, architecture, or land surveying may be evaluated by the board. The board shall give credit for experience as warranted;
(5)Teaching at the junior year level and above of engineering, science, architectural, landscape architectural, and land surveying courses in accredited or approved curriculums is acceptable experience for a maximum of one year.
Source:
SL 1999, ch 195, §32.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-33 - Examination requirements--Fees.

36-18A-33. Examination requirements--Fees.
The board shall admit to examination any candidate who pays a fee, not to exceed two hundred dollars, established by the board and submits an application with evidence satisfactory to the board that the applicant satisfies the necessary education and experience requirements. The board may require an applicant for licensure or a current licensee to take an examination as it deems necessary to determine that person's professional minimum competency. Upon approval of examination applications, examination fees may be paid by the applicant directly to a national vendor or third party. The board may hold membership in and be represented at national councils or organizations of professional practices licensed under this chapter and may pay the appropriate membership fees. The board may allow proctoring of examinations for approved candidates at out-of-state or overseas sites by administrators of national council member boards. The board may accept candidates to be proctored in this state from other national council member boards. A take-home questionnaire based on statutes and rules and related to professionalism and ethics may also be required. The board shall promulgate rules, pursuant to chapter 1-26, to establish application, examination, and proctor fees for all examinations. No fee may exceed one thousand dollars.
Source:
SL 1999, ch 195, §33; SL 2009, ch 184, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-34 - Notice of results--Reexamination--Fees.

36-18A-34. Notice of results--Reexamination--Fees.
The board shall notify each applicant of the results of the examination and those entitled to licensure or enrollment. If an applicant fails the examination and the applicant's application is still current, subsequent reexaminations may be granted upon payment of a fee. The board shall promulgate rules, pursuant to chapter 1-26, to establish reexamination fees, not to exceed two hundred dollars, for all licensure and enrollment applicants.
Source:
SL 1999, ch 195, §34; SL 2009, ch 184, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-35 - Licensure--Comity consideration--Promulgation of Rules--Fee.

36-18A-35. Licensure--Comity consideration--Promulgation of Rules--Fee.
The board may give comity consideration to any person who holds a current and valid license issued to that person for active practice by the proper authority in any state or territory of the United States, the District of Columbia, or any foreign country, based on requirements that do not conflict with the provisions of this chapter and are of a standard not lower than that specified in the applicable licensure act in effect in this state at the time the license was issued. The board may consider qualifying experience gained after initial licensure for the required years of experience. An applicant is required to take any examinations the board considers necessary to determine the applicant's competency. A comity applicant for landscape architecture shall hold a current and valid certification from the Council of Landscape Architectural Registration Boards to be eligible for comity licensure. The board shall promulgate rules, pursuant to chapter 1-26, to set the application fee for licensure by comity. The fee may not exceed two hundred dollars.
Source:
SL 1999, ch 195, §35; SL 2009, ch 184, §6; SL 2020, ch 161, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-36 - License issued to successful applicant.

36-18A-36. License issued to successful applicant.
The board shall grant a license to any applicant as a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor or remediator, or for any two or more of these titles who has met the requirements of this chapter.
Source:
SL 1999, ch 195, §36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-37 - Display of license in place of business--Replacement license.

36-18A-37. Display of license in place of business--Replacement license.
The license shall be displayed in a conspicuous place in the licensee's principal office, place of business, or place of employment within the state. A duplicate license to replace a lost, destroyed, or mutilated license shall be issued upon payment of a fee established by the board pursuant to chapter 1-26.
Source:
SL 1999, ch 195, §37; SL 2016, ch 195, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-38 - Practice permitted recipient of license--Use of titles--License as evidence.

36-18A-38. Practice permitted recipient of license--Use of titles--License as evidence.
The recipient of a license issued under this chapter may practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation and use the appropriate title professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator. A licensee may use a title either with or without prefixing the word, licensed or registered. No licensee may practice a profession or use a title unless the license specifically permits such practice and usage. An unrevoked and unexpired license issued as provided in this chapter is presumptive evidence in all courts and places that the person named is legally licensed.
Source:
SL 1999, ch 195, §38.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-39 - Expiration and biennial renewal of licenses--Continuing professional education.

36-18A-39. Expiration and biennial renewal of licenses--Continuing professional education.
A license expires two years after the date of issuance and becomes invalid on that date unless renewed by that date. Any professional engineer, architect, land surveyor, landscape architect, or petroleum release assessor or remediator licensed under this chapter who desires to continue to practice or offer to practice the licensee's profession shall:
(1)Pay the renewal fee, not to exceed two hundred dollars, established by the board in rules promulgated pursuant to chapter 1-26; and
(2)Successfully complete all continuing professional development requirements established by the board or make a showing of good cause why the licensee was unable to comply with such requirements.
The board shall promulgate rules, pursuant to chapter 1-26, to establish continuing professional education and development criteria.
Source:
SL 1999, ch 195, §39; SL 2009, ch 184, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-40 - Failure to complete continuing professional development requirements as grounds for nonrenewal--Inactive or retired status.

36-18A-40. Failure to complete continuing professional development requirements as grounds for nonrenewal--Inactive or retired status.
The board may decline to renew a license if an applicant has not completed continuing professional development requirements. A license for a two-year period shall be issued upon completion of the requirements. The board may provide, by rules promulgated pursuant to chapter 1-26, for the inactive or retired status of a person who has been duly licensed under this chapter and who chooses to relinquish or not to renew a license.
Source:
SL 1999, ch 195, §40.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-41 - Advance notice by board of expiration of license, professional development requirements, and fees.

36-18A-41. Advance notice by board of expiration of license, professional development requirements, and fees.
The board shall notify by mail any person licensed under this chapter of the date of expiration of the license, the requirement of professional development hours, and the amount of the fee required for renewal. The notice shall be mailed to the last known address of the licensee at least one month in advance of the date of expiration of the license. A licensee shall notify the board of any address changes.
Source:
SL 1999, ch 195, §41.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-42 - Reinstatement of expired license or request for inactive status--Time limits--Requirements for reinstatement.

36-18A-42. Reinstatement of expired license or request for inactive status--Time limits--Requirements for reinstatement.
A person or business entity may reinstate an expired license or request inactive status within three years after a license's date of expiration if the person or business entity is otherwise qualified. The fee for the reinstatement of the license or requesting inactive status after it has expired shall be increased by an amount to be determined by the board in rules promulgated pursuant to chapter 1-26. A person requesting reinstatement of an expired or inactive license shall complete the requirements for continuing professional development and any reexaminations and pay any penalty fees. If a person or business entity fails to reinstate an expired license or request inactive status within the three years after the date of expiration, all relevant files shall be destroyed. A person or business entity requesting licensure after three years shall submit an application for a new license. A person or business entity shall retain the person's or business entity's original license number.
Source:
SL 1999, ch 195, §42; SL 2007, ch 219, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-43 - Request for inactive or retired status--Fee.

36-18A-43. Request for inactive or retired status--Fee.
Any licensed person may request that the person's license be placed on inactive or retired status. A fee, not to exceed two hundred dollars, to place files on inactive or retired status shall be determined by the board in rules promulgated pursuant to chapter 1-26. Failure to render any fees required for inactive or retired status shall result in the automatic termination of inactive or retired status. The request for files to be placed on inactive or retired status may be denied by the board. No person may practice or offer to practice while that person's files are inactive or retired.
Source:
SL 1999, ch 195, §43; SL 2009, ch 184, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-44 - Seal of licensees--Contents--Signature--Certain persons prohibited from using seal.

36-18A-44. Seal of licensees--Contents--Signature--Certain persons prohibited from using seal.
Any licensed professional engineer, architect, land surveyor, and landscape architect shall use an appropriate seal. The seal shall contain the following information:
(1)The name, South Dakota;
(2)Licensee's name;
(3)License number; and
(4)The appropriate title or combination of titles: Professional Engineer, Architect, Land Surveyor, Landscape Architect.
The seal shall be legible and shall have an outer circle with a diameter measuring at least one inch and no greater than two inches and an inner circle with a diameter measuring five-eighths of the diameter of the outer circle. Titles may be prefixed with the words, Licensed or Registered. The seal may be an embossed seal, a rubber stamp, a computer-generated seal, or other facsimile found acceptable to the board. The licensee's signature and the date shall be adjacent to or across the seal. Petroleum release assessors and remediators, or interns, may not use a seal.
Source:
SL 1999, ch 195, §44; SL 2007, ch 219, §13; SL 2016, ch 196, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-45 - Seal, signature, and date as certification that work done by licensee--Documents on which seal required.

36-18A-45. Seal, signature, and date as certification that work done by licensee--Documents on which seal required.
The application of the licensee's seal and signature and the date constitutes certification that the work on which it was applied was done by the licensee or under the licensee's responsible charge. The seal, signature, and date shall be placed in such a manner that can be legibly reproduced on the following:
(1)All originals, copies, tracings, electronic submittals, or other reproductions of all final drawings, specifications, reports, plats, plans, land surveys, design information, and calculations prepared by the licensee or under the licensee's responsible charge when presented to a client or any public or governmental agency. A licensee may not review or check technical submissions of another licensed professional or unlicensed person and seal the documents as the licensee's own work;
(2)Preliminary work shall contain a note that the submittal is Not for Construction, Preliminary, or other such explanation that it is not final; and
(3)In the case of documents for projects which involve multiple licensees of more than one technical profession, the title or index sheet shall be sealed, signed, and dated by the prime professional in responsible charge of coordinating the various technical professions involved in the project. In addition, each sheet shall be sealed, signed, and dated by the licensee or licensees who prepared or who are in responsible charge of that sheet.
Source:
SL 1999, ch 195, §45; SL 2007, ch 219, §14; SL 2016, ch 196, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-45.1 - Digital signatures.

36-18A-45.1. Digital signatures.
Each drawing, report, or document that is signed and sealed using a digital signature shall have an electronic authentication process attached to or logically associated with the electronic document. The licensee's use of a digital signature is optional and, if used, shall be:
(1)Unique to the licensee;
(2)Capable of verification;
(3)Under the sole control of the licensee using it; and
(4)Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.
A digital signature that uses a process approved by the board is presumed to meet the criteria provided in this section. Any hard copy printed from the transmitted electronic file shall bear the facsimile of the signature and seal and shall be a confirmation that the electronic file was not altered after the initial digital signing of the file. Any alterations to the file shall cause the facsimile of the signature to be voided.
Source:
SL 2007, ch 219, §15; SL 2016, ch 196, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-46 - Construction administration services to be provided by architect or engineer.

36-18A-46. Construction administration services to be provided by architect or engineer.
No person other than an architect may provide construction administration services on an architecture portion of a project that is not exempt pursuant to §36-18A-2. No person other than a professional engineer may provide construction administration services on an engineering portion of a project that is not exempt pursuant to §36-18A-3. The architect or professional engineer of record, or another designated architect or professional engineer without conflict of interest, shall provide a written report of observed deficiencies or variations from the submitted plans and specifications to the building official, owner, and builder before project completion. The board may promulgate rules pursuant to chapter 1-26 to establish construction administration services criteria including coordinating and prime professional criteria for persons licensed by the board.
Source:
SL 1999, ch 195, §46; SL 2016, ch 195, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-46.1 - Completion of work--Successor licensee--Nonprofessional services.

36-18A-46.1. Completion of work--Successor licensee--Nonprofessional services.
If a licensee in responsible charge of the work is unavailable to complete the work, a successor licensee may take responsible charge by performing all professional services to include developing a complete design file with work or design criteria, calculations, code research, and any necessary and appropriate changes to the work. The nonprofessional services, such as drafting, need not be redone by the successor licensee but shall clearly and accurately reflect the successor licensee's work. The burden is on the successor licensee to show compliance. The successor licensee shall sign, date, and seal all original documents. The successor licensee shall have control of and responsibility for the work product and the signed and sealed originals of all documents.
Source:
SL 2007, ch 219, §16; SL 2016, ch 195, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-47 - Firm or office to have appropriately licensed person in charge.

36-18A-47. Firm or office to have appropriately licensed person in charge.
Any office physically located and maintained in this state to offer engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services shall have an appropriately licensed person who is regularly employed in that office and who has responsible charge and direct supervision and control of all professional services. No licensee who renders occasional, part-time, or consulting services to or for an office may be designated as the appropriately licensed person in responsible charge for the professional activities of the office unless a schedule is posted at the office for the public's knowledge and filed with and approved by the board stating when the licensee is physically in the office.
Source:
SL 1999, ch 195, §47; SL 2007, ch 219, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-48 - Business entity must obtain certificate of authorization--Responsibility for acts of individuals.

36-18A-48. Business entity must obtain certificate of authorization--Responsibility for acts of individuals.
Any business entity that desires to practice engineering, architecture, land surveying, landscape architecture, or petroleum release assessment or remediation in this state shall register with the board by making application for a certificate of authorization. A business entity is responsible for the conduct or acts of its agents, employees, officers, partners, members, or managers in respect to any engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services performed or to be executed in this state. No person is relieved of the responsibility for that person's conduct or acts performed by reason of that person's employment by or relationship with a business entity. A licensee who renders occasional, part-time, or consulting services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.
Source:
SL 1999, ch 195, §48.