reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-48 - Presentation of evidence supporting complaint--Certain board members disqualified from decision-making--Board counsel--Record--Recorded vote of majority required to impose penalty.

36-20B-48. Presentation of evidence supporting complaint--Certain board members disqualified from decision-making--Board counsel--Record--Recorded vote of majority required to impose penalty.
The evidence supporting the complaint shall be presented by the investigating officer, by a board member designated for that purpose, or by counsel. A board member who presents the evidence, or who has conducted the investigation of the matter under this chapter, may not participate in the board's decision of the matter.
The board shall be advised by counsel, who may be the same counsel who presents or assists in presenting the evidence supporting the complaint.
A stenographic or electronic record may be made and filed with the board. A transcript need not be prepared unless review is sought or the board determines that there is other good cause for its preparation.
A recorded vote of a majority of all members of the board, other than members disqualified by reason of this section, is required to sustain any charge and to impose any penalty with respect thereto.
Source:
SL 2002, ch 179, §49.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-49 - Failure to appear at hearing--Order--Setting aside order upon showing of good cause.

36-20B-49. Failure to appear at hearing--Order--Setting aside order upon showing of good cause.
If after service of a complaint and notice of hearing the respondent licensee fails to appear at the hearing, the board may proceed to hear evidence against the licensee or an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 and may enter an order as it deems warranted by the evidence. Any order shall be final unless the licensee or an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 petitions for review. However, within thirty days from the date of any such order, upon a showing of good cause for the licensee's or an individual's failure to appear and defend, the board may set aside the order and schedule a new hearing on the complaint, to be conducted in accordance with the provisions of this section.
Source:
SL 2002, ch 179, §50; SL 2009, ch 185, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-50 - Judicial review of board order.

36-20B-50. Judicial review of board order.
Any person or firm adversely affected by any order of the board entered after a hearing under this chapter may obtain review thereof by filing a written petition for review with the circuit court within thirty days after the entry of the order. The procedures for review and the scope of the review shall be as specified in chapter 1-26.
Source:
SL 2002, ch 179, §51.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-51 - Notice to other states of disciplinary action--Information furnished to authorities--Exception when petition for review filed.

36-20B-51. Notice to other states of disciplinary action--Information furnished to authorities--Exception when petition for review filed.
If the board renders a decision imposing discipline against a licensee or an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67, the board shall notify any board of accountancy of any other state in which the licensee also holds certificates, licenses, or permits of its decision, within forty-five days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee.
If a petition for review has been filed pursuant to this chapter, the notification and furnishing of information provided for in this section shall await the resolution of such review and, if resolution is in favor of the licensee or an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67, no such notification or furnishing of information may be made.
Source:
SL 2002, ch 179, §52; SL 2009, ch 185, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-52 - Modification of prior disciplinary action--Reissuance of certificate, license, or permit--Procedure.

36-20B-52. Modification of prior disciplinary action--Reissuance of certificate, license, or permit--Procedure.
If the board has suspended or revoked a certificate, license, permit, or registration or revoked or limited practice privileges under the provisions of §36-20B-66 or 36-20B-67 or refused to renew a certificate, license, permit, or registration, the board may, upon application in writing by the person or firm affected and for good cause shown, modify the suspension, or reissue the certificate, license, permit, or registration or remove the limitation or revocation of privileges.
The board shall, by rule promulgated pursuant to chapter 1-26, specify the manner in which such applications shall be made, the times within which they shall be made, and the circumstances in which hearings will be held.
Source:
SL 2002, ch 179, §53; SL 2009, ch 185, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-53 - Continuing professional education or peer review as condition for reissuance of certificate, license or permit.

36-20B-53. Continuing professional education or peer review as condition for reissuance of certificate, license or permit.
Before reissuing or terminating the suspension of a certificate, license, permit, or registration under this section or of practice privileges under the provisions of §36-20B-66 or 36-20B-67, and as a condition thereto, the board may require the applicant to show successful completion of specified continuing professional education. The board may make the reinstatement of a certificate, license, permit, or registration or of practice privileges under the provisions of §36-20B-66 or 36-20B-67 conditional and subject to satisfactory completion of a peer review conducted in such manner as the board may specify.
Source:
SL 2002, ch 179, §54; SL 2009, ch 185, §18.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-54 - Certain services restricted to licensees and individuals granted practice privileges--Exceptions--Standards.

36-20B-54. Certain services restricted to licensees and individuals granted practice privileges--Exceptions--Standards.
No person other than a licensee or an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 may issue a report on financial statements of any person, firm, organization, or governmental unit or offer to render or render any attest or compilation service. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties as such, or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports thereon. A nonlicensee may prepare financial statements and issue nonattest transmittals or information thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS).
A licensee and an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 performing attest or compilation services shall provide those services in accordance with professional standards.
Source:
SL 2002, ch 179, §55; SL 2009, ch 185, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-55 - Certified public accountant--Restrictions on use of title and designations.

36-20B-55. Certified public accountant--Restrictions on use of title and designations.
A person who does not hold a valid certificate or has not been granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 may not use or assume the title, certified public accountant, the abbreviation, CPA, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such person is a certified public accountant.
No firm may provide attest services or assume or use the title, certified public accountants, or the abbreviation, CPAs, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm is a CPA firm unless:
(1)The firm holds a valid permit issued under this chapter or is exempt from the permit requirements pursuant to §36-20B-32.2 or 36-20B-32.3; and
(2)Ownership of the firm is in accordance with this chapter and rules promulgated by the board in accordance with chapter 1-26, if applicable.
Source:
SL 2002, ch 179, §56; SL 2009, ch 185, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-56 - Public accountant--Restrictions on use of title and designations.

36-20B-56. Public accountant--Restrictions on use of title and designations.
No person who does not hold a valid license may use or assume the title, public accountant, or the abbreviation, PA, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such person is a public accountant.
No firm may provide attest services or assume or use the title, public accountants, or the abbreviation, PAs, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm is a PA firm unless:
(1)The firm holds a valid permit issued under this chapter; and
(2)Ownership of the firm is in accordance with this chapter and rules promulgated by the board in accordance with chapter 1-26.
Source:
SL 2002, ch 179, §57.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-57 - Certified, chartered, enrolled, licensed, registered, or accredited accountant--Restrictions on use of title and designation--Restrictions on use of certain language.

36-20B-57. Certified, chartered, enrolled, licensed, registered, or accredited accountant--Restrictions on use of title and designation--Restrictions on use of certain language.
No person or firm, not holding a valid certificate, permit, or registration issued under this chapter, may assume or use the title, certified accountant, chartered accountant, enrolled accountant, licensed accountant, registered accountant, accredited accountant, or any other title or designation likely to be confused with the titles, certified public accountant or public accountant, or use any of the abbreviations CA, LA, RA, AA, or similar abbreviation likely to be confused with the abbreviations, CPA or PA. However, the provisions of this section do not apply to any individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 or to any firm which is exempt from the permit requirements pursuant to §36-20B-32.2 or 36-20B-32.3. The title, Enrolled Agent or EA may only be used by individuals so designated by the Internal Revenue Service.
No nonlicensee, except an individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67, may use language in any statement relating to the financial affairs of a person or entity which is conventionally used by licensees in reports on financial statements.
Source:
SL 2002, ch 179, §58; SL 2009, ch 185, §21.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-58 - Accountant or auditor--Restrictions on use of title, designation, and language--Exceptions--Violation as misdemeanor.

36-20B-58. Accountant or auditor--Restrictions on use of title, designation, and language--Exceptions--Violation as misdemeanor.
No person or firm which does not hold a valid certificate, permit, or registration issued under this chapter may assume or use any title or designation that includes the words, accountant, auditor, or accounting, in connection with any other language, including the language of a report, that implies that such person or firm holds such a certificate, permit, or registration or has special competence as an accountant or auditor. However, the provisions of this section do not apply to any individual granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 or to any firm that is exempt from the permit requirements pursuant to §36-20B-32.2 or 36-20B-32.3.
This section does not prohibit any officer, partner, member, manager, or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of such firm or organization with any wording designating the position, title, or office that the person holds therein nor prohibit any act of a public official or employee in the performance of the persons duties as such.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 2002, ch 179, §59; SL 2009, ch 185, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-59 - Chapter not applicable to certain persons holding foreign certifications or designations.

36-20B-59. Chapter not applicable to certain persons holding foreign certifications or designations.
The provisions of this chapter do not apply to any person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder thereof to engage in the practice of public accountancy or its equivalent in such country, whose activities in this state are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of, the country in which the person holds such entitlement, who performs no attest or compilation services and who issues no reports with respect to the financial statements of any other persons, firms, or governmental units in this state, and who does not use in this state any title or designation other than the one under which the person practices in such country, followed by a translation of such title or designation into the English language, if it is in a different language, and by the name of such country.
However, it is not a violation of this chapter for a firm which does not hold a valid permit under §36-20B-32 and which does not have an office in this state to provide its professional services in this state if the firm complies with the requirements pursuant to §36-20B-32.2 or 36-20B-32.3, whichever is applicable.
Source:
SL 2002, ch 179, §60; SL 2009, ch 185, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-60 - Attest services to be performed through business holding valid permit.

36-20B-60. Attest services to be performed through business holding valid permit.
No holder of a certificate issued under this chapter or a registration issued under this chapter may perform attest services through any business form that does not hold a valid permit issued under this chapter. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties as such.
Source:
SL 2002, ch 179, §61.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-61 - Compilation report to be issued through business holding valid permit--Exceptions.

36-20B-61. Compilation report to be issued through business holding valid permit--Exceptions.
No individual licensee may issue a report in standard form upon a compilation of financial information through any form of business that does not hold a valid permit issued under this chapter unless the report discloses the name of the business through which the individual is issuing the report, and the individual:
(1)Signs the compilation report identifying the individual as a CPA or PA;
(2)Meets the competency requirement provided in applicable standards; and
(3)Undergoes no less frequently than once every three years, a peer review conducted in such manner as the board shall, by rule promulgate in accordance with chapter 1-26, specify. Such review shall include verification that the individual has met the competency requirements set out in professional standards for such services.
Source:
SL 2002, ch 179, §62.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-62 - Attorney's records, documents customarily prepared in law practice not affected.

36-20B-62. Attorney's records, documents customarily prepared in law practice not affected.
Nothing in this chapter prohibits a practicing attorney or firm of attorneys from preparing or presenting records or documents customarily prepared by an attorney or firm of attorneys in connection with the attorney's professional work in the practice of law.
Source:
SL 2002, ch 179, §63.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-63 - Board may seek injunction.

36-20B-63. Board may seek injunction.
If, as a result of an investigation under this chapter or otherwise, the board believes that any person or firm has engaged in, or is about to engage in any act or practice which constitutes or will constitute a violation of this chapter, the board may make application to the appropriate court for an order enjoining such act or practice, and upon a showing by the board that such person or firm has engaged, or is about to engage, in any such act or practice, the court may grant an injunction, restraining order, or other order as may be appropriate.
Source:
SL 2002, ch 179, §64.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-64 - Board may institute criminal proceedings--Violation of chapter as misdemeanor.

36-20B-64. Board may institute criminal proceedings--Violation of chapter as misdemeanor.
If, by reason of an investigation under this chapter or otherwise, the board has reason to believe that any person or firm has knowingly engaged in any act or practice that constitutes a violation of this chapter, the board may bring its information to the attention of the attorney general of any state or other appropriate law enforcement officer who may cause appropriate criminal proceedings to be brought thereon.
Any person or firm who knowingly violates any provision of this chapter is guilty of a Class 1 misdemeanor.
Source:
SL 2002, ch 179, §65.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-65 - Commission of single prohibited act justifies penalty.

36-20B-65. Commission of single prohibited act justifies penalty.
In any action brought under this chapter, evidence of the commission of a single act prohibited by this chapter is sufficient to justify a penalty, injunction, restraining order, or conviction, respectively, without evidence of a general course of conduct.
Source:
SL 2002, ch 179, §66.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-66 - CPA licensed in state with substantially equivalent requirements--Privileges.

36-20B-66. CPA licensed in state with substantially equivalent requirements--Privileges.
An individual whose principal place of business is not in this state who holds a valid certificate or license as a certified public accountant from any state which the board has verified to be in substantial equivalence with the CPA licensure requirements of this chapter is presumed to have qualifications substantially equivalent to requirements of this state and shall have all the privileges of certificate holders and licensees of this chapter without the need to obtain a certificate or permit under this chapter.
Notwithstanding any other provision of law, an individual who offers or renders professional services under this section, whether in person, or by mail, telephone, or electronic means, shall be granted practice privileges in this state, and no notice, fee, or other submission is required of the individual. However, the individual shall be subject to the requirements of §36-20B-68.
Source:
SL 2002, ch 179, §67; SL 2009, ch 185, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-67 - CPA with equivalent qualifications licensed in state not verified to have substantially equivalent requirements--Privileges.

36-20B-67. CPA with equivalent qualifications licensed in state not verified to have substantially equivalent requirements--Privileges.
Any individual whose principal place of business is not in this state who holds a valid certificate or license as a certified public accountant from any state which the board has not verified to be in substantial equivalence with the CPA licensure requirements of this chapter is presumed to have qualifications substantially equivalent to this state's requirements and shall have all the privileges of certificate holders and licensees of this state without the need to obtain a certificate or permit under this chapter if the CPA qualifications of the individual are substantially equivalent to the CPA licensure requirements of this chapter.
Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person, or by mail, telephone, or electronic means, under this section shall be granted practice privileges in this state, and no notice, fee, or other submission is required of the individual. However, the individual shall be subject to the requirements of §36-20B-68.
Source:
SL 2002, ch 179, §68; SL 2008, ch 191, §43; SL 2009, ch 185, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-68 - Licensee of another state who exercises practice privilege and employer consent to board's jurisdiction--Agent for service of process.

36-20B-68. Licensee of another state who exercises practice privilege and employer consent to board's jurisdiction--Agent for service of process.
Any licensee of another state who exercises the practice privilege provided in §36-20B-66 or 36-20B-67 and the firm, if any, which employs that licensee hereby simultaneously consents, as a condition of the grant of this privilege, to the personal and subject matter jurisdiction and disciplinary authority of the board, and agrees to comply with this chapter and the board's rules. If the license from the state of the individual's principal place of business is no longer valid, the individual shall cease offering or rendering professional services in this state, both individually and on behalf of a firm. Any licensee who exercises the privilege provided in §36-20B-66 or 36-20B-67 consents to the appointment of the state board which issued their license as their agent upon whom process may be served in any action or proceeding by this board against the licensee.
Source:
SL 2002, ch 179, §69; SL 2009, ch 185, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-69 - Liability of licensee for act committed in another state.

36-20B-69. Liability of licensee for act committed in another state.
A licensee of this state offering or rendering services or using their CPA title in another state is subject to disciplinary action in this state for an act committed in another state for which the licensee would be subject to discipline for an act committed in the other state. Notwithstanding the provisions in this chapter, the board shall investigate any complaint made by the board of accountancy of another state.
Source:
SL 2002, ch 179, §70.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 20B - Public Accountants › Section 36-20B-70 - Firm permit required for CPA licensed in another state to exercise practice privileges.

36-20B-70. Firm permit required for CPA licensed in another state to exercise practice privileges.
An individual who has been granted practice privileges under the provisions of §36-20B-66 or 36-20B-67 who performs for any entity with its home office in this state any of the following services:
(1)Any financial statement audit or other engagements to be performed in accordance with Statements on Auditing Standards (SAS);
(2)Any examination of prospective financial information to be performed in accordance with Statements on Standards For Attestation Engagements (SSAE); or
(3)Any engagement to be performed in accordance with Public Company Accounting Oversight Board (PCAOB) auditing standards;
shall do so only through a firm which has obtained a permit under the provisions of §36-20B-32.
Source:
SL 2009, ch 185, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-2 - Advertisement and advertising defined.

36-21A-2. Advertisement and advertising defined.
For the purposes of this chapter, an advertisement or advertising is any attempt, by publication or broadcast, whether oral, written or otherwise, to induce a person to use the services of a licensed real estate broker, real estate salesman or real estate firm.
Source:
SL 1992, ch 273, §2; SL 1993, ch 289; SL 2013, ch 177, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-3 - Appraisal or evaluation defined.

36-21A-3. Appraisal or evaluation defined.
For the purposes of this chapter, an appraisal or an evaluation is the act or process of developing an opinion of value of real estate for another and for compensation.
Source:
SL 1992, ch 273, §3; SL 2013, ch 177, §3; SL 2020, ch 163, § 1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-5 - Association defined.

36-21A-5. Association defined.
For the purposes of this chapter, an association is any body of persons united and acting together without a charter, but upon the methods and forms used by incorporated bodies for the prosecution of some common enterprise. It is an unincorporated society and not a partnership. It is a body of persons invested with some, yet not full, corporate rights and powers.
Source:
SL 1992, ch 273, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-7 - Moral turpitude defined.

36-21A-7. Moral turpitude defined.
For the purposes of this chapter, moral turpitude is any act done contrary to honesty and good morals. It is also an act of baseness, vileness or depravity in the private and social duties which man owes to his fellowman or to society in general.
Source:
SL 1992, ch 273, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-9 - Inactive license defined.

36-21A-9. Inactive license defined.
For the purposes of this chapter, an inactive license is any license that has been placed on inactive status for any of the following reasons:
(1)At the request of the licensee;
(2)Failure to designate a responsible broker;
(3)Cessation of being associated with a responsible broker or a licensed firm;
(4)Failure to notify the commission of a change of registered address;
(5)Failure of the licensee's responsible broker to maintain an active license;
(6)Failure to provide proof of errors and omissions insurance upon renewal;
(7)Failure of a nonresident real estate salesperson, who establishes residency in South Dakota, to successfully complete the education requirement for upgrade to broker associate within the prescribed timeframe; or
(8)Failure to provide proof of the necessary hours of continuing education.
No licensee whose license is on inactive status may perform any of the actions enumerated within this chapter prior to reactivation of the inactive license.
Source:
SL 1992, ch 273, §9; SL 2013, ch 177, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-10 - Property manager defined.

36-21A-10. Property manager defined.
For the purposes of this chapter, a property manager is any person who for a fee, commission or other valuable consideration or with the intent or expectation of receiving a fee, commission or consideration negotiates or attempts to negotiate the rental, exchange or leasing or any real estate or of the improvements on it; lists real estate exchanges, rentals or leases; collects rents or attempts to collect rents for real estate; or advertises or holds himself out as engaged in any of the foregoing activities.
The term also includes any person who engages in the business of charging a fee or contracting for the collection of a fee in connection with a contract under which he undertakes to prompt the renting or leasing of real estate through its listing in a publication issued primarily for this purpose or through referral of information concerning the rentals or leases.
Source:
SL 1992, ch 273, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-11 - Real estate and realty defined.

36-21A-11. Real estate and realty defined.
For the purposes of this chapter, real estate or realty is any interest or estate in real property or the property's improvements or fixtures whether corporeal, incorporeal, freehold or nonfreehold, and whether the real property is situated in this state or elsewhere, and includes leaseholds, condominiums, air rights and mineral rights.
Source:
SL 1992, ch 273, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-12 - Real estate salesperson defined.

36-21A-12. Real estate salesperson defined.
For the purposes of this chapter, a real estate salesperson is any person who for compensation or consideration is associated with a responsible broker, to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, lease, rental, or exchange of real property, or of the property's improvements, or any business opportunity or business, or its goodwill, inventory, or fixtures, or any interest therein, or to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, lease, rental, or exchange of a mobile or manufactured home which has been registered under the provisions of chapters 32-3 to 32-5B, inclusive. A salesperson may perform a broker price opinion or comparative market analysis for purposes of purchase, sale, lease, rental, or exchange of real property.
Source:
SL 1992, ch 273, §12; SL 1998, ch 231, §1; SL 2013, ch 177, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-12.1 - Residential rental agent defined--Promulgation of rules for licensing requirements.

36-21A-12.1. Residential rental agent defined--Promulgation of rules for licensing requirements.
For the purposes of this chapter, a residential rental agent is any person who for compensation or consideration is associated with a real estate broker or property manager to negotiate or attempt to negotiate the rental or leasing of residential property, or collect rents or attempt to collect rents. The Real Estate Commission may promulgate rules pursuant to chapter 1-26 to establish requirements for licensing a residential rental agent.
Source:
SL 2000, ch 197, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-12.2 - Broker price opinion and comparative market analysis defined.

36-21A-12.2. Broker price opinion and comparative market analysis defined.
For the purposes of this chapter, the terms, broker price opinion and comparative market analysis, mean an estimate prepared by a licensed broker or salesperson that details the probable selling price or leasing price of a particular parcel of or interest in real property and provides a varying level of detail about the property's condition, market and neighborhood, and information on comparable properties, but does not include an automated valuation model. A broker price opinion or a comparative market analysis is not an appraisal.
Source:
SL 2013, ch 178, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-13 - Real estate commission created--Composition.

36-21A-13. Real estate commission created--Composition.
There is created a South Dakota Real Estate Commission. The commission consists of five members appointed by the Governor. The members may not all be of the same political party. Three members shall be active real estate brokers; two shall be members of the public.
Source:
SL 1992, ch 273, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-14 - Terms of commission members--Vacancies.

36-21A-14. Terms of commission members--Vacancies.
Each member of the commission shall be appointed for a term of three years. Any member appointed to the commission prior to July1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the commission after July1, 2005, shall serve a three-year term. No member may serve more than three consecutive full terms. Any member appointed to fill a vacancy arising during a commissioner's term shall serve for the unexpired portion of the term. The appointment to an unexpired term is not considered a full term.
Source:
SL 1992, ch 273, §14; SL 2005, ch 199, §55.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-15 - Quorum of commission.

36-21A-15. Quorum of commission.
A majority of the commission, in meetings duly assembled, may perform and exercise all of the duties and powers of the commission. Actions of the commission shall be taken upon a majority vote of those members present.
Source:
SL 1992, ch 273, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-16 - Commission continued within Department of Labor and Regulation--Records and reports.

36-21A-16. Commission continued within Department of Labor and Regulation--Records and reports.
The commission shall be an adjunct of the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information and reports in the form and at such times as required by the secretary of labor and regulation. However, the commission shall report at least annually.
Source:
SL 1992, ch 273, §16; SL 2003, ch 272 (Ex. Ord. 03-1), §55; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-17 - Seal of commission.

36-21A-17. Seal of commission.
The commission shall adopt a seal with South Dakota Real Estate Commission engraved thereon, by which it shall authenticate its proceedings.
Source:
SL 1992, ch 273, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-18 - Executive director--Duties.

36-21A-18. Executive director--Duties.
The commission shall employ an executive director who shall perform the following duties:
(1)Keep a record of all proceedings, transactions, communications and official acts of the commission;
(2)Be custodian of all moneys received;
(3)Deposit all moneys in depositories designated by the commission;
(4)Be custodian of all records of the commission; and
(5)Such other duties as the commission may require.
Source:
SL 1992, ch 273, §18; SL 2013, ch 177, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-19 - Employment of personnel.

36-21A-19. Employment of personnel.
The commission may employ personnel as may be necessary to carry out the provisions of this chapter.
Source:
SL 1992, ch 273, §19; SL 2018, ch 236, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-20 - Office of executive director--Records and property maintained.

36-21A-20. Office of executive director--Records and property maintained.
The location of the office of the executive director shall be at such places within the state as the commission may designate. The commission shall maintain all of its files, records, and property at the office of the executive director.
Source:
SL 1992, ch 273, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-21 - Meetings of commission.

36-21A-21. Meetings of commission.
The commission shall meet annually and at other times upon call by the executive director, chairperson, or upon a written request of three or more members of the commission. The place of meeting of the commission shall be at the office of the executive director or other places within South Dakota as designated by the commission.
Source:
SL 1992, ch 273, §21; SL 2013, ch 177, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-22 - Filing or notice to the commission--Date of filing or notice.

36-21A-22. Filing or notice to the commission--Date of filing or notice.
Whenever any filing or notice to the commission is provided for, the filing or notice shall be delivered in person or mailed to the commission at its principal place of business. The date of the filing or notice is the date upon which the document is received at the principal place of business of the commission.
Source:
SL 1992, ch 273, §22.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-23 - Compensation and expenses of commission members.

36-21A-23. Compensation and expenses of commission members.
The compensation and reimbursement of expenses provided by law for members of the commission shall be paid from the funds of the commission.
Source:
SL 1992, ch 273, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-24 - Real estate courses and institutes conducted by commission.

36-21A-24. Real estate courses and institutes conducted by commission.
The commission may conduct, hold or assist in conducting or holding real estate courses or institutes, and incur and pay the necessary expenses in connection therewith, which courses or institutes shall be open to the licensees. The commission may charge a reasonable fee for such courses and institutes.
Source:
SL 1992, ch 273, §24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-25 - Assistance provided to libraries, licensees, institutes and foundations.

36-21A-25. Assistance provided to libraries, licensees, institutes and foundations.
The commission may assist libraries, licensees, institutes and foundations, with financial aid or otherwise, in providing texts, sponsoring studies, surveys and programs for the benefit of the real estate business and the elevation of the real estate business.
Source:
SL 1992, ch 273, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-26 - List of licensees and other information to be available.

36-21A-26. List of licensees and other information to be available.
The executive director of the commission shall make available a list of the names and addresses of all persons licensed by the commission under the provisions of this chapter, together with such other information relative to the enforcement of the provisions of this chapter as the commission determines to be of interest to the public. The commission may charge a reasonable fee to persons who request the list.
Source:
SL 1992, ch 273, §26; SL 2013, ch 177, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-27 - Licensees not qualified for exceptions.

36-21A-27. Licensees not qualified for exceptions.
Any person licensed under this chapter does not qualify for the exceptions set forth in this chapter including any transaction in which that person has a personal interest.
Source:
SL 1992, ch 273, §27; SL 2013, ch 179, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-28 - Active license required for certain acts.

36-21A-28. Active license required for certain acts.
No person, unless exempted under this chapter, may offer, attempt or agree to perform, or perform any act enumerated within this chapter without an active license issued by the commission. No person may collect compensation as a licensee under this chapter without having first complied with the provisions of this chapter.
Source:
SL 1992, ch 273, §28; SL 2013, ch 177, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-29 - Persons and entities exempt from licensure.

36-21A-29. Persons and entities exempt from licensure.
This chapter does not apply to the following:
(1)Any person who as a bona fide owner or lessor, performs any of the acts described in §§36-21A-6 and 36-21A-12 with reference to property owned, or leased by the person, or to any regular employees thereof, if the acts are performed in the regular course of, or as an incident to the management of the property or investment in the property;
(2)Any public officer while performing the officer's duties;
(3)Any person owning and operating a cemetery and selling lots solely for use as burial plots;
(4)Any person acting as a receiver, trustee, personal representative, guardian or under court order, or while acting under authority of a deed, trust, or will;
(5)Any custodian, janitor, or employee of the owner or manager of a residential building who exhibits a residential unit therein to prospective tenants, accepts applications for leases and furnishes prospective tenants with information relative to the rental of the unit, terms and conditions of leases required by the owner or manager, and similar information;
(6)Any owner, manager, or employee of a business holding a lodging license while engaging in the lodging business;
(7)Any attorney at law, admitted to practice in South Dakota, unless the attorney holds himself or herself out to be in the real estate business or solicits real estate business, in which event the attorney may obtain a real estate license without examination, but the attorney is otherwise subject to the provisions of this chapter;
(8)Any bank, bank holding company or subsidiary thereof, credit union, trust company, savings and loan association, public utility, or any land mortgage or farm loan association organized under the laws of this state or the United States, if engaged in the transaction of business within the scope of its corporate powers as provided by law;
(9)Any person or company whose business practice is to collect a fee or compensation to publish real estate listings in print, electronic, or other media;
(10)Any person holding, in good faith, a duly executed power of attorney from the owner, authorizing the final consummation and execution for the sale, purchase, leasing, or exchange of real property, if the acts are not of a recurrent nature and done with the intention of evading this chapter; and
(11)Any employee of any person enumerated in this section whose principal duties are other than those duties described in §§36-21A-6 and 36-21A-12, if engaged in the specific performance of the employee's duties.
Source: SL 1992, ch 273, §29; SL 1998, ch 232, §1; SL 2013, ch 179, §2; SL 2018, ch 237, §1; SL 2020, ch 162, §4; SL 2023, ch 138, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-30 - Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license.

36-21A-30. Reputation, age, competence, and citizenship required for license--Prior rejection or revocation of license.
A license shall be granted only to persons of reputable character who have attained the age of eighteen years; who are competent to transact the business of a licensee in a manner as to safeguard the interest of the public; and whose application for a license has not been rejected, except for the reason that the applicant failed any examination required by this chapter, in this or any other state within one year prior to the date of application; or whose license has not been revoked in this or any other state within five years prior to date of application. No one except a citizen of the United States of America, or resident of South Dakota, is eligible to secure a license as a broker, except as otherwise provided by this chapter.
Source:
SL 1992, ch 273, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-30.1 - Education requirement for broker associate license applicants.

36-21A-30.1. Education requirement for broker associate license applicants.
An applicant for a broker associate license must have completed one hundred sixteen class hours of education in a course of study approved by the commission given by instructors approved by the commission or in an independent study or distance education course approved by the commission. The commission may adopt rules, pursuant to chapter 1-26, to specify requirements for the course, qualifications of an instructor, and criteria for an independent study or distance education course.
Source:
SL 1996, ch 235, §1; SL 2002, ch 180, §3; SL 2009, ch 186, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 21A - Real Estate Licensing › Section 36-21A-30.2 - Education requirements for initial licensure as broker associate.

36-21A-30.2. Education requirements for initial licensure as broker associate.
Any broker associate receiving initial licensure as a broker associate after June 30, 2009, shall complete sixty class hours of education in a course of study approved by the commission given by instructors approved by the commission or in an independent study or distance education course approved by the commission. The broker associate shall complete the sixty class hours in prescribed subject matter by the second active renewal deadline with thirty class hours completed during the initial active licensing period and thirty class hours completed during the second active licensing period. The thirty class hours completed during the initial active licensing period and second active licensing period apply towards the continuing education requirements for license renewal. The commission shall promulgate rules, pursuant to chapter 1-26, to specify requirements for the course, qualifications of an instructor, and criteria for an independent study or distance education course.
Source:
SL 2009, ch 187, §1; SL 2013, ch 177, §11.