reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:05 - Disciplinary proceedings › Section 20:74:05:06 - Contents of commission complaint

Current through Register Vol. 51, page 10, July 15, 2024
The commission complaint shall contain the name of the home inspector complained against, the name and address of the person making the complaint, the details of the conduct complained against, and the date of the formal commission complaint.
General Authority:
SDCL  36-21C-6(5).
Law Implemented:
SDCL  36-21C-6(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:05 - Disciplinary proceedings › Section 20:74:05:07 - Answer

Current through Register Vol. 51, page 10, July 15, 2024
The home inspector may file prior to or submit at the time of hearing an answer admitting, denying, qualifying, or explaining any of the facts contained in the formal commission complaint. The answer must be filed within 20 days after the receipt of the formal commission complaint. The home inspector serving an answer under this section shall serve an original and eight copies on the executive director. The executive director may reject the answer for failure to serve the required number of copies.
General Authority:
SDCL  36-21C-6(5).
Law Implemented:
SDCL  36-21C-6(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:05 - Disciplinary proceedings › Section 20:74:05:08 - Disqualification

Current through Register Vol. 51, page 10, July 15, 2024
If the complaint referred to in §
									20:74:05:01  was filed by a commission member, that commission member is disqualified from sitting at the hearing as a commission member and from participating in the decision made by the commission. The commission member may appear as a witness and give advice as to procedure.
General Authority:
SDCL  36-21C-6(5).
Law Implemented:
SDCL  36-21C-6(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:05 - Disciplinary proceedings › Section 20:74:05:09 - Per diem and mileage

Current through Register Vol. 51, page 10, July 15, 2024
The commission may authorize per diem and mileage for complainants and affected parties at informal consultations and for complainants and witnesses at formal hearings. The per diem may not exceed the amount specified in SDCL  19-5-1 and the mileage may not exceed that authorized by §§
									5:01:02:01  and 5:01:02:02.
General Authority:
SDCL  36-21C-6(5).
Law Implemented:
SDCL  36-21C-6(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:05 - Disciplinary proceedings › Section 20:74:05:10 - Final action by commission

Current through Register Vol. 51, page 10, July 15, 2024
After hearing the evidence and arriving at a decision that unprofessional conduct has been proven, the commission may levy a fine, revoke the license, suspend the license, issue a letter of reprimand to be placed in the file of the person complained against, or take a combination of these actions. If unprofessional conduct has not been proven, the commission shall dismiss the complaint or the parts of the complaint not proven. A letter of reprimand shall state the actions against which a complaint was filed with the names, dates, places, and list of witnesses involved in the complaint. This section does not prevent the commission from compromising a formal hearing and the commission may also allow an assurance of voluntary compliance as prescribed by §
									20:74:05:04.
General Authority:
SDCL  36-21C-6(5).
Law Implemented:
SDCL  36-21C-6(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:01 - Standards of practice - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
Standards of practice for home inspectors are standards by which home inspectors operate their business, provide inspection guidelines, make public the services provided by private fee-paid inspectors, and define certain terms relating to home inspections. A home inspector shall employ the standards of practice as provided in this chapter. These standards are applicable to inspections of buildings with four or fewer dwelling units and their garages or carports.
General Authority:
SDCL  36-21C-6(2).
Law Implemented:
SDCL  36-21C-6(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:02 - Code of ethics

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall adhere to the following guidelines of behavior:
(1) A home inspector shall:
(a) Comply with all applicable state laws and regulations; and
(b) Disclose promptly to a client information about any business interest of the inspector which may affect the client in connection with the home inspection;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:03 - Written contract

Current through Register Vol. 51, page 10, July 15, 2024
Any contract for inspection shall be in writing and shall contain the following:
(1) The signature of the client or the client's representative, and a representative of the inspection company;
(2) A list of the general areas and components which will be inspected;
(3) A list of general exclusions to the inspection;
(4) The date;
(5) The price of the inspection;
(6) The identity of the client and inspection company with full name and address;
(7) The address of the property to be inspected;
(8) The person to whom the report will be provided; and
(9) The license or registration number of the inspector.
General Authority:
36-21C-6(2).
Law Implemented:
36-21C-6(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:04 - Purpose and scope of inspections

Current through Register Vol. 51, page 10, July 15, 2024
Inspections performed to the standards of practice are intended to provide the client with a better understanding of the property condition as observed at the time of the inspection and inform the client about major deficiencies in the condition of the property. A home inspection is visual in nature and tests normal operating devices designed for day-to-day use. A home inspection does not include invasive procedures and is not technically exhaustive. A written report prepared for the client, either in narrative form, a checklist format, or a combination thereof, shall describe those components inspected in accordance with the standards of practice, and which of the components inspected were found to be in need of immediate major repair.
The standards of practice are not intended to limit inspectors from reporting observations and conditions in addition to those required by the standards of practice of from excluding systems and components from the inspection if requested by the client.
General Authority:
36-21C-6(2).
Law Implemented:
36-21C-6(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:05 - General exclusions and limitations

Current through Register Vol. 51, page 10, July 15, 2024
The following general exclusions and limitations apply to home inspectors:
(1) An inspector is not required to report on:
(a) The life expectancy of any component or system;
(b) The causes of the need for a major repair;
(c) The methods, materials, and costs of a major repair;
(d) The suitability of the property for any specialized use;
(e) Compliance or noncompliance with applicable regulatory requirements;
(f) The market value of the property or its marketability;
(g) The advisability or inadvisability of purchase of the property;
(h) Any component or system which was not observed;
(i) The presence or absence of pests such as wood damaging organisms, rodents, or insects; or
(j) Cosmetic items, underground items, or items not permanently installed;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:06 - Structural components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect structural components as follows:
(1) The inspector shall observe and report on the general appearance and condition of the following:
(a) Foundations, foundation walls, other support and sub-structure components, including carrying beams, support columns, and piers;
(b) Under-floor crawl spaces, basements, and attics;
(c) Floors, basement floor slabs, grade slabs, first and subsequent floors (if the framing is visible);
(d) Exterior walls for thickness and unusual conditions, such as excessive deflection;
(e) Support columns;
(f) Ceiling and floor structures;
(g) Roof structures; and
(h) Deck, balcony, and stairway supports and their method of attachment;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:07 - Exterior components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect exterior components as follows:
(1) The inspector shall observe and report on the general appearance and condition of the following:
(a) Exterior siding and trim work;
(b) Eaves, soffit, and fascia;
(c) Driveways, patios, and walkways;
(d) Entry doors and a representative number of windows;
(e) Garage door operators and reversing mechanisms;
(f) Decks, balconies, stoops, steps, and porches, including railings; and
(g) Grading, drainage, and retaining walls with respect to their effect on the condition of the building;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:08 - Roofing components for inspection

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect roofing components as follows:
(1) The inspector shall observe, when accessible, and report on the general appearance and condition of the following:
(a) The type of roof covering materials;
(b) Roof drainage systems (gutters, downspouts, etc.);
(c) Flashings;
(d) Skylights, chimneys, and roof penetrations; and
(e) Chimney and liner material, lack of chimney liners, and chimney deterioration;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:09 - Interior components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect interior components as follows:
(1) The inspector shall observe and report on the general appearance and condition of the following:
(a) General interior:
(i) Walls, ceilings, and floors;
(ii)Doors, to include the operation of doors, missing or malfunctioning hardware, and proper fit;
(iii) Windows, to include the operation of a representative number of windows, presence of double or single pane glass, evidence of leakage, visible entrapped moisture between seals on double pane windows, and broken window panes;
(iv) Skylights, to include the condition of skylight glass, presence of condensation or leakage stains, and the operation of the skylight, if possible;
(v) Stairways, to include the presence or absence of handrails;
(vi) Balconies, to include the presence and condition of guardrails;
(vii) Interior electrical/mechanical/heating, ventilation, and air conditioning systems;
(viii) A representative number of electrical outlets for proper connection and grounding;
(ix) All light switches;
(x) All ceiling fans;
(xi) Presence or absence of a heating source in each living area; and
(xii) Functional operation of the heating source;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:10 - Electrical components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect electrical components as follows:
(1) The inspector shall observe and report on the general appearance and condition of the following:
(a) Service entrance lines - whether underground or overhead and any obstructions;
(b) Meter/mast - properly secured to house;
(c) Main panel location, voltage/amperage rating;
(i) Service entry conductor material - copper or aluminum;
(ii)Disconnect/main breaker size - grounding line observed;
(iii) Branch circuit protection - breakers or fuses;
(iv) Presence of aluminum branch circuit wiring;
(v) Presence of multiple-tapped breakers/fuses;
(vi) Presence or melted insulation, signs of arcing or other signs of fire; or
(vii) Presence of mismatched wire/circuit protection;
(d) Location of any subpanel, voltage/amperage rating;
(i) Branch circuit protection - breakers/fuses;
(ii)Presence of aluminum branch circuit wiring;
(iii) Presence of multiple-tapped breakers/fuses;
(iv) Presence of melted insulation, signs of arcing or other signs of fire; or
(v) Presence of mismatched wire/circuit protection;
(e) Load management systems - note presence;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:11 - Plumbing components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect plumbing components as follows:
(1) The inspector shall observe and report on the general appearance and condition of the following:
(a) Material of incoming water supply - main valve location;
(b) Interior water supply and distribution piping material;
(c) Interior drain, waste, and vent system - drain, waste, and vent material;
(d) Water heating system:
(i) Fuel type - electric, natural gas, or propane;
(ii)Flue and vent for gas system;
(iii) Capacity;
(iv) Age, if possible;
(v) Pressure/temperature relief valve with appropriate extension;
(e) Water conditioning equipment; presence and location of:
(i) Water softening system;
(ii)Water filtering system;
(f) Private well equipment; presence and location of:
(i) Cistern;
(ii)Wellhead;
(iii) Pump(s);
(iv) Pressure tank(s);
(g) Sump pumps; presence:
(i) Automatic operation;
(ii)Operate from float valve;
(iii) Location of discharge, if possible;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:12 - Central cooling components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect central cooling components as follows:
(1) The inspector shall observe and report on the following:
(a) Type of unit (i.e., central air, heat pump, evaporative cooler);
(b) Manufacturer (if visible);
(c) Operation of the unit unless outside air temperature is less than 65 degrees Fahrenheit and verification of cooling of air;
(d) Physical condition; and
(e) Air flow within house;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:13 - Central heating components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect central heating components as follows:
(1) The inspector shall observe and report on the following:
(a) Type of system (i.e., forced air, hot water baseboard, ceiling radiant, heat pump, etc.)
(b) Fuel type (i.e., electric, natural gas, propane, oil, coal, wood, or other);
(c) Manufacturer;
d) Estimated age (or age from data plate);
(e) Functional operation from thermostat;
(f) General condition of system;
(g) Air flow at registers, if applicable - verify;
(h) Positive pitch of flue pipes - verify;
(i) General appearance of humidifiers;
(j) Supplemental heat systems; and
(k) Gas control valves and shutoff valves - check for leak;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:14 - Stove and fireplace components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect stove and fireplace components as follows:
(1) The inspector shall observe and report on the following:
(a) Fireplaces - fuel type, location, abnormal cracks or openings in visible portion of firebox, operation of damper, if accessible, existence of flue liner, type of venting for gas fireplace, presence and operation of blower;
(b) Stoves - fuel types, location, distance from combustible surfaces/floor protection, connection to flue, existence of flue liner, operation of damper, if accessible, presence and operation of blower;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:06 - Standards of practice › Section 20:74:06:15 - Ventilation and insulation components for inspection - Exclusions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector shall inspect ventilation and insulation components as follows:
(1) The inspector shall observe and report on the following:
(a) Insulation - presence in attic and crawlspace, insulation material, thickness of insulation and approximate R-value, unusual conditions (dampness, etc.);
(b) Ventilation - presence or absence in attic or crawlspace, presence of attic fan, presence and operation of whole house fan, presence and operation of bathroom ventilation fan, presence and operation of kitchen ventilation fan;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:01 - Administration › Section 20:75:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Accounting services," accounting, attest, tax, or management advisory services, and academia;
(2) "AICPA," the American Institute of Certified Public Accountants;
(3) "Attest," as defined in SDCL  36-20B-2;
(4) "Board," as defined in SDCL  36-20B-1;
(5) "Certificate," as defined in SDCL  36-20B-1;
(6) "Financial statements," statements, footnotes, and other supplementary information related thereto that undertake to present an actual or anticipated financial position as of a point in time, or results of operations, cash flow, or changes in financial position for a period of time, in conformity with generally accepted accounting principles or another comprehensive basis of accounting. The term does not include incidental financial data included in management advisory service reports to support recommendations to a client; nor does it include tax returns and supporting schedules;
(7) "License," as defined in SDCL  36-20B-1;
(8) "Member," as defined in SDCL  36-20B-1;
(9) "NASBA," the National Association of State Boards of Accountancy;
(10) "Permit," as defined in SDCL  36-20B-1;
(11) "Partnership" or "corporation," any form of business organization authorized under the laws of this or any other state;
(12) "Practice of public accountancy," providing or offering to provide attest services to the public, or using the titles certified public accountant, public accountant, CPA, or PA;
(13) "Public accountant," as defined in SDCL  36-20B-1;
(14) "Registration," a public accountant's license to practice as defined in SDCL  36-20B-38;
(15) "Report," as defined in SDCL  36-20B-3;
(16) "Resident manager," a licensee designated by a firm to be responsible for an office location's compliance with SDCL chapter 36-20 B and this article.
General Authority:
SDCL  36-20B-12.
Law Implemented:
SDCL  36-20B-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:01 - Administration › Section 20:75:01:02 - Board meetings - Elections

Current through Register Vol. 51, page 10, July 15, 2024
The board shall elect a chair, vice-chair, and secretary-treasurer annually at the first meeting of the fiscal year, which shall be held in July or August. The board shall meet at other times upon the call of its chair or upon written request of three or more members of the board.
General Authority:
SDCL  36-20B-12(1).
Law Implemented:
SDCL  36-20B-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:01 - Administration › Section 20:75:01:03 - Notice

Current through Register Vol. 51, page 10, July 15, 2024
The secretary-treasurer shall give written notice of any meeting, except an emergency meeting, at least seven calendar days before the meeting by personal delivery or mailed to each board member at the address shown on the records of the board. The notice may be sent by facsimile. The secretary-treasurer shall give notice of an emergency meeting in the same manner at least 24 hours before the emergency meeting.
Notice sent by mail is considered delivered when it is deposited in the United States mail with postage prepaid. Notice sent by facsimile is considered delivered when the notice is transmitted by facsimile machine. If a notice is required to be given to a board member, a waiver of the notice in writing signed at any time before or after the time of the meeting by the board member entitled to notice is the equivalent of the giving of the notice. The attendance of a board member at a meeting is a waiver of notice of the meeting, except when a board member attends a meeting for the expressed, sole purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
General Authority:
SDCL  36-20B-12(1).
Law Implemented:
SDCL  36-20B-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:01 - Administration › Section 20:75:01:04 - Emergency meetings

Current through Register Vol. 51, page 10, July 15, 2024
The board may hold an emergency meeting if the nature of the emergency is stated in the notice and in the minutes and formal action taken at the meeting pertains only to the emergency.
General Authority:
SDCL  36-20B-12(4).
Law Implemented:
SDCL  36-20B-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:01 - Administration › Section 20:75:01:05 - Duties of chair and vice-chair

Current through Register Vol. 51, page 10, July 15, 2024
The chair shall preside at all meetings and shall perform other duties as the board directs. In the absence or disability of the chair, the vice-chair shall perform the duties of the chair.
General Authority:
SDCL  36-20B-12(1).
Law Implemented:
SDCL  36-20B-5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:01 - Administration › Section 20:75:01:06 - Duties of secretary-treasurer - Records

Current through Register Vol. 51, page 10, July 15, 2024
The secretary-treasurer shall have charge of the funds and shall keep a record of the business and transactions of the board. The records kept shall include any application for license, certification, or permit and any accompanying papers and information; complete and comprehensive minutes of the meetings of the board; a complete and permanent record of the licenses, certificates, and permits issued and fees paid; a correct and permanent record and account of the moneys of the board; and any other evidence of business and transactions of the board. The board may employ a nonmember to fulfill all or any part of the secretary-treasurer's duties.
General Authority:
SDCL  36-20B-12(1).
Law Implemented:
SDCL  36-20B-5,  36-20B-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:01 - Administration › Section 20:75:01:07 - Discretion to waive certain requirements

Current through Register Vol. 51, page 10, July 15, 2024
Upon good cause shown by the applicant or licensee, the board may waive any application or administrative fees or any deadlines set in this article. For the purpose of this section, good cause includes any personal emergency, act of God, administrative error made by the board or the board of another state, military deployment or substantial compliance with SDCL chapter 36-20 B or article 20:75.
General Authority:
SDCL  36-20B-12(16)(17).
Law Implemented:
SDCL  36-20B-12
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:01 - Initial and reexamination applicants

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of this chapter, an initial applicant is an applicant who meets the following criteria:
(1) Has not previously applied to the board as an examination candidate;
(2) Applied and was accepted as an examination candidate but did not appear for the examination; or
(3) Applied and was accepted contingent upon completion of the educational requirement, but did not fulfill such requirement.
For the purposes of this chapter, a reexamination applicant is an applicant who has been accepted as an examination candidate by the board, sat for the examination, and fulfilled the educational requirements of SDCL  36-20B-15.
General Authority:
SDCL  36-20B-12(16).
Law Implemented:
SDCL  36-20B-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:02 - Application for examination

Current through Register Vol. 51, page 10, July 15, 2024
Each candidate shall file a complete application. A complete application is one that is properly filled out, accompanied by payment of fees required by the board, and, if an initial application, accompanied by all required official transcripts.
An application is due when specified by the board in the application form or instructions. The board shall forward notification of eligibility for the computer-based examination to the NASBA National Candidate Database. Each eligible candidate shall be notified of the time and place of the examination, or shall be instructed to independently contact a test center operator identified by the board to schedule the time and place for the examination, at a board approved test site.
An application is not considered filed until the examination fee and all required supporting documents, including official transcripts as required in SDCL  36-20B-15, have been received by the board.
General Authority:
SDCL  36-20B-12(16).
Law Implemented:
SDCL  36-20B-12(16).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:03 - Examination fees

Current through Register Vol. 51, page 10, July 15, 2024
Upon good cause shown by the applicant, the board may allow fees paid to the board to be transferred to a subsequent examination or session, but fees due to third party entities are not transferable. In all other cases, any fee is forfeited and reapplication, with the appropriate fees, is required. The examination fee entitles the applicant to sit for the examination. If the applicant meets the requirements of SDCL  36-20B-13 and  36-20B-19, the applicant is eligible to apply for a certificate.
The fees required for the Uniform Certified Public Accountant examination include the development and scoring fee set by, and paid to, the American Institute of Certified Public Accountants, the testing delivery fee and fee for the digital photograph required for identification purposes set by, and paid to, Prometric, and the national database and reporting fee set by, and paid to, the National Association of State Boards of Accountancy. The board will charge an administrative fee of $30 for each examination section for the processing and assessment of the application.
The board shall set authorization periods in which approved applicants may schedule the computer-based CPA examination. An applicant's failure to schedule examination sections in such authorization period may result in the loss of examination fees. If a South Dakota candidate takes the examination in a state that requires a proctoring fee, the candidate shall pay the proctoring fee required by that state.
Current window testing fees for the delivery of the uniform certified public accountant examination will be on the examination application and posted on the board's website.
General Authority:
SDCL  36-20B-12(12),  36-20B-17.
Law Implemented:
SDCL  36-20B-17,  36-20B-19.
Discretion to waive certain requirements, §
											20:75:01:07.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:04 - Education

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of satisfying education requirements in SDCL  36-20B-15, a semester hour means the conventional college semester hour. Quarter hours may be converted to semester hours by multiplying them by two-thirds.
Both a major in accounting and a course of study substantially equivalent to a major in accounting must include:
(1) Twenty-four semester hours in accounting at the undergraduate or graduate level from an accredited college or university, not including elementary principles of accounting, and at least one course in each of the following: intermediate or advanced accounting, auditing, taxation, and cost accounting; and
(2) Twenty-four semester hours in business courses, other than accounting courses, at the undergraduate or graduate level.
A course may not be audited but must appear as semester or quarter hour credit on an official transcript.
General Authority:
SDCL  36-20B-12(3).
Law Implemented:
SDCL  36-20B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:05 - Misconduct during examination

Current through Register Vol. 51, page 10, July 15, 2024
The board or its representative who is administering the examination may expel an applicant from further participation in the examination because of misconduct during the examination. The board may suspend the applicant's right to take any subsequent examination. No grade may be given for the examination of an expelled applicant. Acts of misconduct during an examination session include the following:
(1) Falsifying or misrepresenting educational credentials or other information required for admission to the examination;
(2) Communication between candidates inside or outside of the examination room while the examination is in progress, copying another's answers, or allowing one's answers to be copied;
(3) Communication with others outside the examination room while the examination is in progress;
(4) Possession of or reference to crib sheets, textbooks, or other material inside or outside the examination room while the examination is in progress;
(5) Substitution by an applicant of another person to sit in the examination room in the applicant's stead and write one or more of the examination papers;
(6) Removal of an examination booklet, answer booklet, answer sheet, or workpaper from the examination room;
(7) Failure to comply with directions during an examination session;
(8) Failure to stop writing at the conclusion of the examination session; and
(9) Possession of any item in the examination room concealed in any manner on the applicant or in personal items, such as any type of camera, cellular phone, or audio equipment, which is capable of transmitting examination information either by photographing, e-mailing, texting, or by audio.
For any violation of subdivision 1-9 under this rule, the board may postpone a scheduled examination, the release of grades, or the issuance of certificates due to a breach of examination security; unauthorized acquisition or disclosure of the contents of an examination; suspected or actual negligence, errors, omissions, or irregularities in conducting an examination; or for any other reasonable cause or unforeseen circumstance.
Prior to acceptance for any future examination, an individual who has been expelled from an examination due to misconduct must petition the board in writing requesting readmission. Upon receipt of the petition, the board may schedule a formal hearing in accordance with SDCL chapter 1-26. The petitioner must demonstrate by clear and convincing evidence that the petitioner should be readmitted to an examination. The cost of the hearing must be paid by the petitioner.
General Authority:
SDCL  36-20B-19.
Law Implemented:
SDCL  36-20B-19.
Discretion to waive certain requirements, §
											20:75:01:07; "Good moral character" defined, SDCL  36-20B-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:06 - Request for accommodation of disability

Current through Register Vol. 51, page 10, July 15, 2024
The board shall accommodate the identified needs of qualified individuals with disabilities by making reasonable modifications or providing auxiliary aids or services. The board shall review a request for accommodation, auxiliary aids, or services in accordance with this section and §§
									20:75:02:07  to 20:75:02:09, inclusive. The board may not grant the request if doing so would fundamentally alter the measurement of skills or knowledge the examination is intended to test or would create undue financial or administrative burden on the board.
The board shall evaluate requests for reasonable accommodations for disabled individuals, who, because of special circumstances, believe they need additional time to complete the examination or special accommodations for taking the examination individually.
To request special accommodations, an individual must submit a written request to the board on forms provided by the board. The individual must supply the following information and materials for the board's evaluation:
(1) Identification of the type of disability, such as physical, mental, or learning;
(2) Professional verification of the disability by a qualified evaluator;
(3) An outline of accommodations or auxiliary aids needed; and
(4) A history of prior accommodations related to the currently identified disability.
All material must be signed original documents, and the board shall keep them confidential to the extent provided by law. The board may confer with consultants on the appropriateness of the request or may request the candidate to submit a second opinion.
The board may consider requests for additional time for each section and may require a second opinion be provided by an expert of the board's choice. Qualified individuals must sit for the examination in accordance with the requirements in SDCL subdivisions 36-20B-19(1) and (5).
The individual requesting an accommodation must pay for documentation submitted to the board with the request. The board shall pay for the board's consultants and any second opinion.
General Authority:
SDCL  36-20B-12(16).
Law Implemented:
SDCL  36-20B-12(16).
Definition of disability -- Learning disability, §
											20:75:02:07.
Administrative procedures, SDCL chs 1-26, 1-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:07 - Definition of disability - Learning disability

Current through Register Vol. 51, page 10, July 15, 2024
A disability is a physical or mental impairment that substantially limits one or more of the major life activities of an individual; having a record of such an impairment; or being regarded as having such an impairment. Mental impairment includes any mental or psychological disorder, such as organic brain syndrome, emotional or mental illness, and specific learning disabilities.
A learning disability is individual evidence of significant learning difficulties which substantially affect or limit one or more major life activities and which are not primarily due to cultural, emotional, or motivational factors. The term does not include learning problems which are primarily the result of visual, hearing, or motor disabilities, intellectual disability, emotional disturbance, or environmental, cultural, or economic disadvantage. The individual must show evidence of significant impairment in one or more of the following areas of intellectual functioning and information processing:
(1) Attention and concentration;
(2) Efficiency and speed of information processing;
(3) Reception (perception and verbal comprehension);
(4) Memory (ability for new learning);
(5) Cognition (thinking); and
(6) Expression.
Significant impairment is determined by a discrepancy of 1.5 standard deviations, or more, between the individual's intellectual functioning, as measured by one of the general cognitive ability tests listed in the List of Most Commonly Used Reliable Standardized Psychometric Tests in Appendix A at the end of this chapter and actual performance on reliable standardized measures of attention and concentration, memory, language reception and expression, cognition, and in the academic areas of reading, spelling, writing, and mathematics. If a measurement instrument is used which is not on this list, it may be considered if it is listed in the
Mental Measurements Yearbook
issued by Buros Institute of Mental Measurement, University of Nebraska, and is being used for the purpose for which it was developed.
General Authority:
SDCL  36-20B-12(16).
Law Implemented:
SDCL  36-20B-12(16).
Mental Measurements Yearbook 20,
January 2017 edition, Buros Mental Measurement Institute, University of Nebraska. Copies of the yearbook may be ordered from the University of Nebraska Press, PO Box 880484, Lincoln, NE 68588. The cost of the yearbook is $210. The South Dakota State Library has the yearbook in its reference collection.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:08 - Qualifications of evaluator for physical or mental disabilities

Current through Register Vol. 51, page 10, July 15, 2024
The evaluator for physical or mental disabilities must have special expertise in the area of disability and must be a licensed physician, licensed psychologist, or a healthcare provider licensed by a state regulatory agency. If an evaluator who does not fit this criterion performs the evaluation, the board may require an evaluation that meets the requirements of this section.
General Authority:
SDCL  36-20B-12(16).
Law Implemented:
SDCL  36-20B-12(16).
Physicians and surgeons, SDCLch 36-4; Psychologists, SDCLch 36-27A.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:09 - Qualifications of evaluator for learning disabilities

Current through Register Vol. 51, page 10, July 15, 2024
The evaluator for learning disabilities must be either a licensed psychologist or licensed physician who possesses a minimum of three years experience working with adults with learning disabilities or another professional who possesses a master's or doctor's degree in special education or educational psychology from an accredited institution. The professional's training must include at least three years of equivalent training and experience in the following areas:
(1) Assessing intellectual ability level and interpreting tests of such ability;
(2) Screening for cultural, emotional, and motivational factors;
(3) Assessing achievement level; and
(4) Administering tests to measure attention and concentration, memory, language reception and expression, cognition, reading, spelling, writing, and mathematics.
General Authority:
SDCL  36-20B-12(16).
Law Implemented:
SDCL  36-20B-12(16).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:10 - Professional verification of the disability

Current through Register Vol. 51, page 10, July 15, 2024
The professional verification of the disability must include the following:
(1) The nature and extent of the disability;
(2) The tests performed to diagnose the disability, if applicable;
(3) The effect of the disability on the individual's ability to perform under standard testing conditions;
(4) The recommended accommodation and how it relates to the individual's disability, given the format of the examination;
(5) The professional's name, title, telephone number, professional license or certification number, education credential, and original signature; and
(6) A description of the professional's educational and work experience which qualifies the professional to make the determination.
General Authority:
SDCL  36-20B-12(16).
Law Implemented:
SDCL  36-20B-12(16).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:12 - Recognized colleges and universities

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of evaluating the education requirements of an applicant for a certificate under SDCL  36-20B-15, the board shall recognize a junior college, college, or university accredited at the time the applicant's degree was received by virtue of membership in one of the following accrediting agencies:
(1) Higher Learning Commission;
(2) Middle States Commission on Higher Education;
(3) New England Association of Schools and Colleges;
(4) Northwest Commission on Colleges and Universities;
(5) Western Association of Schools and Colleges Accrediting Commission for Community and Junior Colleges;
(6) Western Association of Schools and Colleges Senior College and University Commission; and
(7) Southern Association of Colleges and Schools Commission on Colleges.
If an applicant's degree was received at an accredited college or university, but the education program used to qualify the applicant included courses taken at either a two-year or a four-year non-accredited institution either before or after graduation, the board must deem the courses to have been taken at the accredited institution from which the applicant's baccalaureate degree was received, if the courses were accepted by virtue of inclusion in an official transcript of the accredited college or university.
However, an applicant whose degree was received from a non-accredited college or university may qualify under the provisions of §
										20:75:02:13.
General Authority:
SDCL  36-20B-12(3).
Law Implemented:
SDCL  36-20B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:02 - Examination requirements › Section 20:75:02:13 - Non-accredited institutions

Current through Register Vol. 51, page 10, July 15, 2024
If an institution was not accredited at the time an applicant's degree was received but was accredited at the time the application was filed with the board, the institution will be recognized as acceptable to the board for the purposes of SDCL  36-20B-15, if the institution:
(1) Certifies that the applicant's total educational program would qualify the applicant for graduation with a baccalaureate degree during the time the institution has been accredited; and
(2) Furnishes the board satisfactory proof, including college catalogue course numbers and descriptions, that the pre-accrediting courses used to qualify the applicant as an accounting major can be matched with substantially equivalent post-accredited courses;
(3) A graduate of a four-year degree granting institution which was not accredited at the time the applicant's degree was received or at the time of filing shall be recognized by the board as a graduate of a four-year accredited college or university, if:
(4) An accredited college or university, as defined in §
									20:75:02:12, accepts the applicant's non-accredited baccalaureate degree for admission to a graduate business degree program;
(5) The applicant satisfactorily completes at least 15 semester or 22 quarter hours, or the equivalent, in post-baccalaureate education at the accredited institution, of which at least 9 semester or 13 quarter hours, or the equivalent, shall be in accounting; and
(6) The respective accredited college or university certifies that the applicant is in good standing for continuation in the graduate program or has maintained a grade point average in these courses that is necessary for graduation.
A graduate seeking recognition under this section shall provide to the board, at the graduate's own expense, a complete course evaluation of any foreign transcripts by the Foreign Academic Credential Service, Inc., or a comparable service as approved by the board.
General Authority:
SDCL  36-20B-12(3).
Law Implemented:
SDCL  36-20B-15.