reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:09.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:13

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:17

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:18

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-32-23,
					 36-32-26,
					 36-32-43,
					 36-33-14.
Law Implemented:
SDCL
					 36-32-23,
					 36-32-43,
					 36-33-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:19 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Continuing education cycle," a two-year
				period that begins on December 1 of an even numbered year and ends on November
				30 of the next even-numbered year;
(2) "In-house program," a program planned and
				presented by the licensee for the purpose of educating staff in the same
				office; and
(3) "Licensee," a
				person licensed to practice as a professional counselor-mental health in this
				state.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-72,
					 36-32-73,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:20 - Continuing education requirements

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall complete 40 hours of qualified continuing
				  education in each continuing education cycle. At least four of the continuing
				  education hours shall be on the subject of counseling ethics. Continuing
				  education required for renewal of a license shall be prorated in six month
				  increments for a licensee granted an initial license during a continuing
				  education cycle. Upon application for renewal, a licensee shall verify under
				  penalties of perjury that all continuing education information provided on the
				  application is true and correct. The licensee must supply sufficient detail to
				  permit verification of the qualified continuing education if notified of an
				  audit by the board.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-72,
					 36-32-73,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:21 - Record keeping

Current through Register Vol. 51, page 10, July 15, 2024
. A licensee shall maintain records to verify continuing
				  education used to renew a license. A licensee shall maintain verification
				  records in the form of a completion certificate or other documents supporting
				  evidence of completion. These records must be maintained for four years after
				  the date of renewal of the license.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-72,
					 36-32-73,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:22 - Qualified continuing education

Current through Register Vol. 51, page 10, July 15, 2024
Qualified continuing education is an academic course,
				  workshop, clinic, forum, lecture, program seminar, or other educational
				  activity delivered for the purpose of increasing or sustaining the proficiency
				  of the licensee in the practice of counseling, as defined in SDCL
				  36-32-47(3).
An academic semester credit equals 15 continuing education
				  hours and a quarter credit equals ten continuing education requirements
				  hours.
No qualified continuing education may be repeated in
				  consecutive continuing education cycles.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-72,
					 36-32-73,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:23 - Restrictions on continuing education credit

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may not receive more than eight contact hours
				  during a continuing education compliance period from qualified in-house
				  programs.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-72,
					 36-32-73,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:24 - Approved continuing education programs

Current through Register Vol. 51, page 10, July 15, 2024
The board will accept qualified continuing education
				  programs accredited, approved, or presented by the following organizations or
				  the organizations state affiliate:
(1)
				American Association of Marriage and Family Therapists;
(2) American Association of Social
				Workers;
(3) American Medical
				Association;
(4) American
				Psychological Association;
(5)
				Commission on Rehabilitation Counselor Certification;
(6) Joint Commission for Accreditation of
				Health Care Organizations;
(7)
				National Board for Certified Counselors;
(8) South Dakota Association of Addiction and
				Prevention Professionals;
(9) South
				Dakota Board of Addiction and Prevention Professionals;
(10) South Dakota Board of Examiners for
				Psychologists;
(11) South Dakota
				Board of Social Work Examiners;
(12) South Dakota Corrections
				Association;
(13) South Dakota
				Counseling Association;
(14) South
				Dakota Department of Human Services;
(15) South Dakota Department of Social
				Services; or
(16) The state
				licensing board for counselors of another state.
The board may approve other qualified continuing education
				  programs upon request. A licensee that desires approval of continuing education
				  program may apply on a form approved by the board.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-72,
					 36-32-73,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:07 - Continuing education › Section 20:68:07:25 - Credit for presentations and publications

Current through Register Vol. 51, page 10, July 15, 2024
A licensee who has prepared an academic counseling course, a
				  counseling in-service training workshop, or a counseling seminar or who has
				  written, as first author, a counseling article accepted for publication in a
				  recognized professional journal is allowed a maximum of ten contact hours in
				  each compliance period for each original presentation or publication.
				  Verification of completion of the presentation or the letter of acceptance to
				  publish, must be maintained by the licensee consistent with the requirements of
				  this chapter.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-72,
					 36-32-73,
					 36-32-74,
					 36-32-75.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:68 - LICENSED PROFESSIONAL COUNSELORS › Chapter 20:68:08 - Ethical standards › Section 20:68:08:01 - Ethical standards

Current through Register Vol. 51, page 10, July 15, 2024
A licensee, supervisee or supervisor shall comply with the
				  ethical standards as set forth in the American Counseling Association Code of
				  Ethics, as approved by American Counseling Association Governing
				  Council.
General Authority:
SDCL
					 36-32-55,
					 36-32-56.
Law Implemented:
SDCL
					 36-32-64,
					 36-32-67,
					 36-32-68,
					 36-32-74,
					 36-32-75.
ACA Code of Ethics, 2014 edition. Copies may be obtained
					 by writing to ACA, 6101 Stevenson Ave. Suite 600, Alexandria, VA 22304, calling
					 800-347-6674, or online at
www.counseling.org
.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:01 - Definitions › Section 20:69:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL chapter 36-21 A have the same meaning
				  when used in this article.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:02 - General rules › Section 20:69:02:02 - Commission action

Current through Register Vol. 51, page 10, July 15, 2024
The commission may take any action by a mail ballot or by a
				  conference telephone call. In case of a conference telephone call, the
				  executive director shall participate in the call and take minutes of the
				  commission action. In case of a mail ballot, the results of the mail ballot
				  shall be included in the minutes. A mail ballot or conference telephone call is
				  a meeting of the commission.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-21.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:02 - General rules › Section 20:69:02:03 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person wishing the commission to issue its ruling as to
				  the applicability to that person of a statutory provision, rule, or order of
				  the commission may file a petition with the commission in substantially the
				  following form:
State of South Dakota
South Dakota Real Estate Commission
Pursuant to the provisions of SDCL
				  1-26-15, I, (name of petitioner),
				  of (address of petitioner), am (title or capacity of petitioner), and do hereby
				  petition the South Dakota Real Estate Commission for its declaratory ruling in
				  regard to the following:
1. The state
				statute or South Dakota Real Estate Commission rule or order in question is:
				(here identify and quote the pertinent statute, rule, or order);
2. The facts and circumstances which give
				rise to the issue to be answered by the commission's declaratory ruling
				are:
3. The precise issue to be
				answered by the commission's declaratory ruling is:
Dated at (city and state), this _____ day of __________
				  20__.
_________________________
(Signature of petitioner)
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 1-26-15,
					 36-21A-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:02 - General rules › Section 20:69:02:04 - Commission action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for a declaratory ruling, the
				  commission may request from the petitioner any other information it requires
				  for the issuance of its ruling. Following the receipt of the petition, the
				  commission shall issue its declaratory ruling and serve a copy of it by mail on
				  the petitioner.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 1-26-15,
					 1-26-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:02 - General rules › Section 20:69:02:05 - Number of copies of petition for declaratory ruling - Electronic filing

Current through Register Vol. 51, page 10, July 15, 2024
A person filing a petition for declaratory ruling under this
				  chapter shall file an original and seven copies with the commission. The
				  executive director may reject any petition if it is not submitted with the
				  required number of copies. However, the executive director may accept a
				  petition for declaratory ruling in an electronic format if it is readily
				  accessible by the commission and in a format that can be downloaded, printed,
				  or otherwise maintained as a record for future reference. A petitioner who
				  files a petition for declaratory ruling in electronic format, shall submit one
				  copy of the original.
General Authority:
SDCL
					 36-21A-89(6).
Law Implemented:
SDCL
					 1-26-15,
					 36-21A-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:02 - General rules › Section 20:69:02:06 - Number of copies of petition for promulgation of rule - Electronic filing

Current through Register Vol. 51, page 10, July 15, 2024
A person filing a petition for the initiation, repeal, or
				  amendment of a rule must file an original and seven copies with the commission.
				  The executive director may reject any petition if it is not submitted with the
				  required number of copies. However, the executive director may accept a
				  petition in an electronic format that is readily accessible by the commission
				  and in a format if it can be downloaded, printed, or otherwise maintained as a
				  record for future reference. A petitioner who files a petition in electronic
				  format, shall submit one copy of the original.
General Authority:
SDCL
					 36-21A-89(6).
Law Implemented:
SDCL
					 1-26-13,
					 36-21A-89.
Petition for rules, SDCL
					 1-26-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:02 - General rules › Section 20:69:02:07 - Petition for contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
A person aggrieved by any action of the commission taken
				  without a hearing may, within 30 days following the date of the commission
				  action, petition the commission for a hearing to be held at a time and place
				  established by the commission. The hearing is a contested
				  case.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 1-26-16,
					 1-26-18.
Procedure to follow in contested cases, SDCL
					 1-26-16 to
					 1-26-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:02 - General rules › Section 20:69:02:08 - Petition for review of decision on contested case

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days after receipt of the commission's decision, a
				  party to the hearing may file a petition with the commission for review of its
				  decision. The commission, in its discretion, may deny the petition, order a
				  rehearing, or direct any other proceedings it considers appropriate. Upon
				  rehearing or other proceedings, the commission may affirm, reverse, or modify
				  its earlier decision. Notice of the commission's decision on the petition to
				  review shall be served by mail on the petitioner and other affected
				  parties.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 1-26-18,
					 1-26-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:01 - Application for license by examination

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for license by examination shall file an
				  application with the commission on a form provided by the commission within 60
				  days after the date of notice of having passed the examination. The application
				  shall be accompanied by the fee prescribed by §
									20:69:03:10.
General Authority:
SDCL
					 36-21A-89(1).
Law Implemented:
SDCL
					 36-21A-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:02 - Proof of education to accompany application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a license by examination shall submit proof
				  that the applicant successfully completed the required education within the two
				  years before the date of application.
General Authority:
SDCL
					 36-21A-31.
Law Implemented:
SDCL
					 36-21A-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:02.01 - Proof of passing score to accompany application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for license by examination shall submit proof
				  that the applicant successfully completed the licensing
				  examination.
General Authority:
SDCL
					 36-21A-89(1).
Law Implemented:
SDCL
					 36-21A-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:04 - Authority to take examination

Current through Register Vol. 51, page 10, July 15, 2024
A person may not take the real estate examination unless the
				  person has completed the prescribed prerequisite education and registered to
				  take the examination.
General Authority:
SDCL
					 36-21A-30.1,
					 36-21A-89(2).
Law Implemented:
SDCL
					 36-21A-36,
					 36-21A-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:04.01 - Registering for examination

Current through Register Vol. 51, page 10, July 15, 2024
A person registering to take the real estate examination must
				  complete the prerequisite education before submitting the
				  registration.
General Authority:
SDCL
					 36-21A-30.1,
					 36-21A-34,
					 36-21A-89(1).
Law Implemented:
SDCL
					 36-21A-36,
					 36-21A-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:05 - Failure to appear for examination

Current through Register Vol. 51, page 10, July 15, 2024
A person registered to take an examination must appear in
				  person to take the examination as scheduled. If the person fails to do so, the
				  person forfeits the examination fee and must register again to take the
				  examination.
General Authority:
SDCL
					 36-21A-89(1).
Law Implemented:
SDCL
					 36-21A-36,
					 36-21A-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:06 - Administration of examination

Current through Register Vol. 51, page 10, July 15, 2024
The licensing examination shall be conducted under the
				  supervision of the executive director of the commission. The examiner shall
				  require identification supplied to the registered person by the commission for
				  admission to the examination room. Before beginning the examination, the person
				  must state in writing that the person has not solicited or received any
				  information concerning the contents of the examination about to be written and
				  during or subsequent to the examination will not disclose its
				  contents.
General Authority:
SDCL
					 36-21A-89(1).
Law Implemented:
SDCL
					 36-21A-36.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:06.01 - Testing service

Current through Register Vol. 51, page 10, July 15, 2024
The commission may negotiate an agreement with a testing
				  service for examination development, administration, scoring, reporting, and
				  analysis.
General Authority:
SDCL
					 36-21A-89(1).
Law Implemented:
SDCL
					 36-21A-36.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:07 - Passing score on licensing examination

Current through Register Vol. 51, page 10, July 15, 2024
The passing score on the licensing examinations is
				  75.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-36,
					 36-21A-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:08 - Cheating on examination

Current through Register Vol. 51, page 10, July 15, 2024
The examination of any person who is caught cheating during
				  an examination is void.
General Authority:
SDCL
					 36-21A-89(1).
Law Implemented:
SDCL
					 36-21A-36,
					 36-21A-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:09 - Reinstatement of licensees discharged from armed forces

Current through Register Vol. 51, page 10, July 15, 2024
Application for reinstatement of a license by a former
				  licensee discharged from the armed forces shall be made on forms provided by
				  the commission.
General Authority:
SDCL
					 36-21A-67,
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-67.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:10 - Application fee - Brokers and salespersons

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for brokers, including restricted
				  brokers, and salespersons is $225.
General Authority:
SDCL
					 36-21A-49.
Law Implemented:
SDCL
					 36-21A-49.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:12 - Application fee - Firm license

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for a firm license is
				  $100.
General Authority:
SDCL
					 36-21A-38.
Law Implemented:
SDCL
					 36-21A-38.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:12.01 - Registration fee - Broker or associate licensee business corporation or limited liability company

Current through Register Vol. 51, page 10, July 15, 2024
The registration fee for a broker or an associate licensee
				  business corporation or limited liability company is $100.
General Authority:
SDCL
					 36-21A-46.1.
Law Implemented:
SDCL
					 36-21A-46.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:13 - Biennial renewal fee - Broker

Current through Register Vol. 51, page 10, July 15, 2024
The biennial renewal fee for a broker's license, including
				  restricted licenses, is $125.
General Authority:
SDCL
					 36-21A-61.
Law Implemented:
SDCL
					 36-21A-61.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:14 - Biennial renewal fee - Salesperson

Current through Register Vol. 51, page 10, July 15, 2024
The biennial renewal fee for a salesperson's license is
				  $125.
General Authority:
SDCL
					 36-21A-61.
Law Implemented:
SDCL
					 36-21A-61.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:15 - Biennial renewal fee - Firm

Current through Register Vol. 51, page 10, July 15, 2024
The biennial renewal fee for a firm license is
				  $125.
General Authority:
SDCL
					 36-21A-61.
Law Implemented:
SDCL
					 36-21A-61.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:16 - Office management

Current through Register Vol. 51, page 10, July 15, 2024
A broker may assign management responsibilities to a broker
				  associate. However, a salesperson may not assume any management
				  responsibilities.
General Authority:
SDCL
					 36-21A-89(1).
Law Implemented:
SDCL
					 36-21A-71.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:17 - Commission split - Out-of-state

Current through Register Vol. 51, page 10, July 15, 2024
A licensed broker may divide or share a real estate
				  commission with a licensed broker in another state if the latter does not carry
				  on any of the negotiations in this state either by physically entering the
				  state or by communicating with the broker electronically or through other
				  media.
General Authority:
SDCL
					 36-21A-89(3).
Law Implemented:
SDCL
					 36-21A-54.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:19 - Advance compensation

Current through Register Vol. 51, page 10, July 15, 2024
If an agency agreement provides for compensation for services
				  for other than a sale or lease of an interest in real property, the licensee
				  may collect compensation for those services before closing the sale or lease of
				  the interest in the real property. If a client or customer agrees in writing to
				  allow a broker to receive compensation for any agreed upon service before
				  closing the sale or lease of an interest in real property, the compensation
				  must be placed in the broker's trust account until performance of services has
				  been consummated or terminated by written agreement from both
				  parties.
General Authority:
SDCL
					 36-21A-84.
Law Implemented:
SDCL
					 36-21A-84.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:20

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-21A-89(2).
Law Implemented:
SDCL
					 36-21A-51,
					 36-21A-52.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:21

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-21A-54.
Law Implemented:
SDCL
					 36-21A-54.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:22 - Nonresident licensee as applicant - Certificate of licensure required

Current through Register Vol. 51, page 10, July 15, 2024
A nonresident licensee who is an applicant for licensure in
				  this state shall submit a certificate of licensure from the licensing agency of
				  the current state in which the applicant holds an active license. The
				  certificate of licensure shall be completed within 30 days before the date of
				  application, stating that the applicant's license is on active status and in
				  good standing and that no complaint is pending.
General Authority:
SDCL
					 36-21A-54,
					 36-21A-89(3).
Law Implemented:
SDCL
					 36-21A-54,
					 36-21A-89(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:22.01 - Nonresident licensee - Renewal of license on active status - Certificate of licensure required

Current through Register Vol. 51, page 10, July 15, 2024
A nonresident broker, broker associate or salesperson
				  licensed in this state who renews the license on active status shall submit a
				  certificate of licensure from the licensing agency of the state where the
				  nonresident licensee maintains residency. The certificate of licensure shall be
				  completed within 30 days before the date of filing the renewal application,
				  stating the nonresident's license is on active status and in good standing and
				  that no complaint is pending. The certificate of licensure must accompany the
				  renewal form.
General Authority:
SDCL
					 36-21A-54,
					 36-21A-89(3).
Law Implemented:
SDCL
					 36-21A-54,
					 36-21A-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:23 - Supervising broker to be licensed in South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
A licensed nonresident salesperson or broker associate shall
				  be associated with a licensed South Dakota broker or a nonresident broker
				  licensed by the commission.
General Authority:
SDCL
					 36-21A-89(3).
Law Implemented:
SDCL
					 36-21A-54.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:24 - South Dakota resident licensed as salesperson by examination in another state - Requirements for obtaining a broker associate license in South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
A South Dakota resident who receives a license as a
				  salesperson by examination in another licensing jurisdiction must complete the
				  education and examination requirements for a broker associate license pursuant
				  to §
									20:69:04:03 and SDCL
				  36-21A-43 before that person may
				  receive a broker associate license in this state.
General Authority:
SDCL
					 36-21A-30.1,
					 36-21A-89(2).
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-89(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:25 - Nonresident salesperson licensed in South Dakota - Time to qualify for broker associate upon establishing residency in state

Current through Register Vol. 51, page 10, July 15, 2024
A nonresident salesperson licensed in this state, who
				  establishes residency in South Dakota, shall complete the requirements for a
				  broker associate license pursuant to SDCL
				  36-21A-34.2 and §
									20:69:04:03 by the end of the
				  current license term or place the license on inactive status. The commission
				  may grant a reasonable exception to this rule.
General Authority:
SDCL
					 36-21A-89(3),
					 36-21A-30.1.
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-89(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:26 - Fees - Certification of licensure, additional license, duplicate license, and transfer of license

Current through Register Vol. 51, page 10, July 15, 2024
Fees include the following:
(1) For each certification of licensure,
				$15;
(2) For each additional
				license, a biennial fee of $30;
(3)
				For each license included in a statement of registration to change an office or
				place of business, $15; and
(4) For
				each license included in a statement of registration to change association with
				a responsible broker, $15
General Authority:
SDCL
					 36-21A-60.
Law Implemented:
SDCL
					 36-21A-60.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:03 - Licensing and licenses › Section 20:69:03:27 - Late renewal fee

Current through Register Vol. 51, page 10, July 15, 2024
Any licensee who files a late registration application and
				  fee for renewal pursuant to SDCL
				  36-21A-66 shall pay a late fee
				  based on the date the renewal application is filed, as follows:
(1) December, $20;
(2) January, $40;
(3) February, $60;
(4) March, $80;
(5) April, $100;
(6) May, $120; and
(7) June, $140.
General Authority:
SDCL
					 36-21A-66.
Law Implemented:
SDCL
					 36-21A-66.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:01 - Application for approval of classroom instruction

Current through Register Vol. 51, page 10, July 15, 2024
A course provider desiring to give approved classroom
				  instruction to prospective real estate licensees shall apply on a form provided
				  by the commission. The application must be filed with the commission at least
				  30 days before the course begins.
General Authority:
SDCL
					 36-21A-89(4).
Law Implemented:
SDCL
					 36-21A-31,
					 36-21A-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:01.01 - Certificate of approval

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall grant a certificate of approval for each
				  course of study approved by the commission. The certificate is valid for three
				  years.
General Authority:
SDCL
					 36-21A-89(4).
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-34,
					 36-21A-89(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:01.02 - Criteria for approval of classroom instruction

Current through Register Vol. 51, page 10, July 15, 2024
The application form for approval of classroom instruction
				  shall include the following information and enclosures:
(1) Name, address, and telephone number of
				the course provider;
(2) The title
				of the course;
(3) A complete
				description or copies of all materials to be distributed to the
				participants;
(4) The date and
				exact location of each presentation of the course;
(5) The duration and time of the
				course;
(6) A comprehensive,
				detailed outline of the subject matter together with course objectives, the
				time sequence of each segment, the faculty for each segment, and the teaching
				technique used in each segment;
(7)
				The method of evaluation of the program;
(8) The procedure for measuring attendance;
				and
(9) A description of the
				faculty, including name, professional educational background, and practical or
				teaching experience. A complete resume may be furnished.
General Authority:
SDCL
					 36-21A-89(4).
Law Implemented:
SDCL
					 36-21A-89(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:02 - Contents of broker associate prelicensing course

Current through Register Vol. 51, page 10, July 15, 2024
The broker associate prelicensing course shall provide for a
				  minimum of 116 instructional hours in subject areas approved by the commission,
				  including the following subject areas:
(1) South Dakota real estate license law and
				rules;
(2) Characteristics and
				nature of real property;
(3)
				Agency;
(4) Listing
				property;
(5) Selling
				property;
(6) Contracts and
				contingencies;
(7) Property
				management;
(8) Finance;
(9) Settlement/transfer of
				ownership/closings;
(10) Federal
				laws, including the Fair Housing ACT, Real Estate Settlement Procedures Act,
				Sherman Antitrust Act, Americans with Disabilities Act, and Real Estate
				Settlement Procedures Act, and environmental regulations; and
(11) Professional responsibilities and
				ethics.
The course shall include practicum exercises and examinations
				  in each area of study.
General Authority:
SDCL
					 36-21A-30.1,
					 36-21A-31.
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:03 - Contents of broker associate upgrade course

Current through Register Vol. 51, page 10, July 15, 2024
The broker associate upgrade course for a licensed
				  salesperson upgrading to the broker associate level shall provide for a minimum
				  of 40 instructional hours in subject areas approved by the commission,
				  including the following subject areas:
(1) South Dakota real estate license law and
				rules;
(2) Simulation examination
				preparation;
(3) Contracts, trust
				accounting, and closings;
(4)
				Brokerage relationships;
(5)
				Federal laws, including the Fair Housing Act, Real Estate Settlement Procedures
				Act, Sherman Antitrust Act, and Americans with Disabilities Act;
(6) Professional responsibilities and ethics;
				and
(7) A review of the principles
				and practices of real estate.
Practicum exercises and experiences beyond the basic
				  fundamentals of real estate principles and practices must be included in each
				  area of study.
General Authority:
SDCL
					 36-21A-30.1,
					 36-21A-31,
					 36-21A-34.1.
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-31,
					 36-21A-34.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:04 - Contents of responsible broker course

Current through Register Vol. 51, page 10, July 15, 2024
The responsible broker course is a course in brokerage. The
				  course must be a minimum of 24 hours long and contain a final examination. The
				  course shall include the following subject areas approved by the
				  commission:
(1) Advertising
				Compliance
(2) Brokerage Policy
				Manual
(3) Business
				Ethics
(4) Business/Strategic
				Planning
(5) Compensation
				planning
(6) Company Policy
				Review/Risk Management
(7)
				Contracts - State Specific
(8)
				Demonstration of Knowledge
(9) Exit
				Strategies - Selling/Transferring Ownership
(10) Human Resource Essentials/employee vs
				independent contractor
(11) Legal
				Issues; and
(12) Trust
				Accounting/Finance.
General Authority:
SDCL
					 36-21A-31.
Law Implemented:
SDCL
					 36-21A-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:05 - Order of courses to be passed

Current through Register Vol. 51, page 10, July 15, 2024
The broker associate prelicensing course or broker upgrade
				  course must be completed and passed before enrolling in the responsible broker
				  course.
General Authority:
SDCL
					 36-21A-31.
Law Implemented:
SDCL
					 36-21A-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:06 - Conditions for credit for alternative courses

Current through Register Vol. 51, page 10, July 15, 2024
A person may apply to the commission for credit for the
				  broker associate prelicensing course, the broker upgrade course, or responsible
				  broker course based on satisfactory completion of a similar real estate course
				  at one of the following institutions:
(1) A regionally accredited college or
				university;
(2) A regionally
				accredited vocational school; or
(3) Courses in a prelicensing education
				school or institute in a state that has statutorily mandated prelicensing
				education.
Satisfactory completion of a real estate course, for the
				  purpose of this section, means attaining a passing grade in the course as
				  determined by the instructor.
General Authority:
SDCL
					 36-21A-30.1,
					 36-21A-31,
					 36-21A-34.1.
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-31,
					 36-21A-34.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:07 - Application for credit for alternative courses

Current through Register Vol. 51, page 10, July 15, 2024
An application for credit under §
									20:69:04:06 must be accompanied by
				  an authenticated transcript from the college, university, vocational school, or
				  prelicensing education school and a description of the course or courses
				  completed.
General Authority:
SDCL
					 36-21A-31,
					 36-21A-34.
Law Implemented:
SDCL
					 36-21A-31,
					 36-21A-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:08 - Qualifications for classroom instructor

Current through Register Vol. 51, page 10, July 15, 2024
An applicant seeking commission approval to teach
				  prelicensing education must furnish evidence satisfactory to the commission
				  that the applicant has at least one of the following qualifications:
(1) A bachelor's degree in the field in which
				the person is to teach;
(2) A valid
				teaching certificate or credential from South Dakota or another state
				authorizing the holder to teach in the field of instruction being
				offered;
(3) Five years of
				full-time experience in a professional trade or technical occupation in the
				applicable field; or
(4) Any
				combination of at least five years of full-time applicable field experience and
				college level education.
In addition to meeting at least one of the qualifications in
				  subdivisions (1) to (4), inclusive, an instructor seeking approval to provide
				  instruction of the broker associate prelicensing course, broker associate
				  upgrade course, or responsible broker course shall complete the responsible
				  broker course prior to approval.
General Authority:
SDCL
					 36-21A-89(4).
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:08.01 - Instructors

Current through Register Vol. 51, page 10, July 15, 2024
No instructor may teach prelicensing courses unless approved,
				  by name, by the commission. However, a guest speaker may teach a designated
				  section of a prelicensing course pursuant to §
									20:69:04:08.03.
General Authority:
SDCL
					 36-21A-89(4).
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-31,
					 36-21A-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:04 - Prelicensing education › Section 20:69:04:08.02 - Application for approval of instructor - Guest speakers exempt

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for instructor approval shall apply on a form
				  provided by the commission. A guest speaker is exempt from making application
				  if requesting approval pursuant to §
									20:69:04:08.03.
General Authority:
SDCL
					 36-21A-89(4).
Law Implemented:
SDCL
					 36-21A-30.1,
					 36-21A-31,
					 36-21A-34.