reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:05 - Examination for upkeep and maintenance of existing plants

Current through Register Vol. 51, page 10, July 15, 2024
The board may, upon its own election, not oftener than once
				  each year, or at any time whenever a sworn complaint is deemed by the board
				  sufficient for the purpose is filed with it, examine or reexamine any existing
				  abstract plant for the purpose of ascertaining whether or not it is being kept
				  current and maintained in accordance with the laws of South Dakota and rules
				  and regulations made pursuant thereto. In such cases the board shall fix a time
				  and place for such examination and the method thereof and notify the person,
				  firm, or corporation in charge of said examination. At least 10 days' notice
				  shall be given such person in any of such cases and if the examination is being
				  made pursuant to a sworn complaint a copy of the same shall be furnished to the
				  applicant with the notice. Thereafter the board shall make its examination to
				  whatever extent it deems advisable and the persons in charge of said plant
				  shall cooperate with the board for such purpose as hereinbefore provided in
				  these rules. The decision of the board shall be made and served upon the
				  persons in charge of the plant in accordance with the provisions of SDCL
				  36-13-30.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-10
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:06 - Examinations upon request - When made - Fees and expense

Current through Register Vol. 51, page 10, July 15, 2024
Any person, firm, or corporation in charge of an abstract
				  plant which has theretofore been approved for operation by the board may file
				  with the board a written request for a reexamination thereof, stating the
				  reasons for requesting such examination and the board shall then grant such
				  request upon condition that the applicant pay the per diem and expense of the
				  members of the board required to make such examination.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-10
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:07 - Certificate of qualification of plant

Current through Register Vol. 51, page 10, July 15, 2024
Whenever the board has examined or reexamined any abstract
				  plant after the effective date of these rules and regulations and has approved
				  such plant, it shall issue and deliver to the person in charge of such plant by
				  registered mail to the business address of the plant, person, firm, or
				  corporation as registered with the board a certificate in appropriate form for
				  public display, signed by the president if all concur, or a majority of the
				  members of the board and attested by the secretary-treasurer under the seal of
				  the board, whether he the secretary-treasurer agrees or not to the decision,
				  and which certificate shall state among other things the date to which the
				  plant was found to be complete, the date of the examination, the date of issue
				  of the certificate, and such other matters as to the board shall seem advisable
				  to establish the legal qualification of the plant.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-10
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:01 - Charges - Scope and methods of making

Current through Register Vol. 51, page 10, July 15, 2024
Upon all matters involving the right of a person, firm, or
				  corporation to engage in or to continue in abstracting under the laws of South
				  Dakota either as an owner, operator, agent, or employee, the board may make
				  charges in its discretion upon its own resolution or may consider charges upon
				  sworn complaint of any person or persons as herein provided.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:02 - Board hears charges by resolution

Current through Register Vol. 51, page 10, July 15, 2024
The board may, whenever a majority of its members at any
				  regular or special meeting of the board shall adopt a resolution for the
				  purpose, specify and hear charges on any of such matters referred to in §
									20:36:05:01 or otherwise permitted
				  by law.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:03 - Complaint procedure

Current through Register Vol. 51, page 10, July 15, 2024
Any person, firm, or corporation or one or more of such
				  jointly may make a complaint under oath against any person, firm, or
				  corporation or one or more of them jointly if they are engaged in the same
				  plant operation upon any of the matters hereinbefore referred to in this
				  section or otherwise permitted by law.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-10,
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:04 - Charges - Subject matter - Specifications - Filing - Service - Time

Current through Register Vol. 51, page 10, July 15, 2024
The charges may embrace any one or more violations of law or
				  of this article or any other law or rule or regulation of South Dakota
				  applicable in the circumstances. The resolution, if charges are made by the
				  board of its own selection, or the complaint if made otherwise, shall specify
				  each violation relied upon, separately and with sufficient definiteness and
				  certainty to enable a person of ordinary understanding to know the nature of
				  the charge and to show the jurisdiction of the board to hear the
				  same.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:05 - Complaint filed with board

Current through Register Vol. 51, page 10, July 15, 2024
The original resolution or complaint as the case may be
				  shall be filed with the executive secretary- and remain a permanent record of
				  the board, and a note of its filing shall be made in the journal or minutes of
				  the board. The executive secretary shall immediately submit the same to the
				  board unless the charges shall, after consideration by the board, be dismissed
				  as trivial or not within the jurisdiction of the board without a hearing, they
				  shall be heard and determined by the board within 90 days after their filing
				  with the executive secretary. The board shall fix a time and place within the
				  county in which the person, firm, or corporation charged shall be engaged in
				  business of abstracting, when and where the hearing on the charge shall be
				  conducted.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:05.01 - Informal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
Unless the parties agree to proceed directly to a formal
				  hearing, the board shall conduct informal proceedings on complaints of a
				  serious nature constituting grounds for disciplinary action. The board shall
				  consult with any parties affected in an effort to resolve the matter
				  satisfactorily and shall notify in writing the person making the complaint, the
				  applicant for or holder of a certificate of registration complained against,
				  and any other affected parties of the results of the informal proceedings. Such
				  informal proceedings shall not preclude the board from instituting formal
				  proceedings.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:05.02 - Assurance of voluntary compliance

Current through Register Vol. 51, page 10, July 15, 2024
The board may accept an assurance of voluntary compliance
				  with respect to any alleged violation of this article or SDCL chapter 36-13
				  from any person or firm complained against. Any such assurance shall be in
				  writing and shall be subject to the approval of the board. The assurance may
				  include a stipulation for the voluntary payment by the alleged violator of the
				  costs of the investigation and any amount necessary to restore to any person
				  any money or property which may have been acquired by the alleged violator by
				  means of any violation. Assurance of voluntary compliance shall not be
				  considered an admission to a violation for any purpose; however, proof of
				  failure to comply with the assurance of voluntary compliance shall be prima
				  facie evidence of a violation of this article.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:05.03 - Formal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
If it appears to the board that formal proceedings in respect
				  to a complaint should be instituted, the board shall serve by mail a formal
				  complaint issued in the name of the board and a notice of hearing upon the
				  applicant for or holder of a certificate of registration complained against,
				  the person making the complaint, and any other affected
				  parties.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:06 - Serving complaint on accused

Current through Register Vol. 51, page 10, July 15, 2024
A copy of the order of the board fixing the time and place of
				  hearing together with a copy of the resolution or complaint shall be legally
				  served upon the accused at least 30 days before the date fixed for hearing. If
				  such service cannot be effected within 30 days before the date fixed for
				  hearing, the time for hearing and determination may be extended by order of the
				  board from time to time in order that such services can be legally effected 30
				  days before the time fixed for same.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-10,
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:06.01 - Disqualification

Current through Register Vol. 51, page 10, July 15, 2024
If the complaint referred to in §
									20:36:05:03 was filed by a board
				  member, that board member shall be disqualified from sitting at the hearing as
				  a board member and from participating in the decision rendered by the
				  board.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:07 - Hearings shall be public

Current through Register Vol. 51, page 10, July 15, 2024
The hearings shall be public and any of the board present
				  shall have authority to preserve order and decorum under the contempt process.
				  A majority of the board shall be present at all hearings. If the president and
				  secretary-treasurer are present the president shall preside and the
				  secretary-treasurer shall act in his usual capacity. If either is absent the
				  board members present shall act in such manner as they shall specify at the
				  opening of the hearing.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:08 - Hearing procedure

Current through Register Vol. 51, page 10, July 15, 2024
A stenographic record of the oral testimony shall be kept,
				  but as to any documentary evidence offered, the party offering same shall
				  submit three copies for introduction. If the inspection or examination of a
				  plant is involved the board shall specify in the record or incorporate in its
				  decision its finding with reference thereto. The accused shall have a right to
				  appear personally and by counsel, to cross examine all witnesses, and to
				  produce evidence and witnesses in his own behalf. The board may hear arguments
				  orally or by briefs or both as the members present may order.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:09 - Subpoena procedure

Current through Register Vol. 51, page 10, July 15, 2024
Subpoena shall be issued under the name and seal of the board
				  upon application of any party or any member of the board at any time prior to
				  the hearing or during the hearing under the provisions of SDCL
				  36-13-2, but requests for subpoena
				  during the hearing shall not be granted if in uncontrolled discretion of the
				  board the effect of same would be to delay the hearing
				  unduly.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:10 - Hearings may be extended

Current through Register Vol. 51, page 10, July 15, 2024
Continuances of the hearing and extension of the time for
				  making and service of the decision of the board may be granted for good cause
				  shown upon application of any party or may be made by order of the board
				  entered in the record whenever the reason and necessity therefor shall
				  appear.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
Right of appeal when agency fails to act in contested
					 case, SDCL 1-26-30.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:11 - Hearings - Decision

Current through Register Vol. 51, page 10, July 15, 2024
After hearing the evidence and arriving at a decision, the
				  board may, depending upon the circumstances, dismiss the complaint, revoke the
				  certificate of registration, suspend the certificate of registration, or issue
				  a letter of reprimand to be placed in the files of the holder of the
				  certificate of registration complained against. 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.
The board may announce its decision orally at the conclusion
				  of the hearing, provided a majority of the members of the board agree to do so
				  at the time. The decision of the board, whether announced orally at the
				  conclusion of the hearing or formulated later, shall be reduced to writing in
				  accordance with the provisions of SDCL
				  1-26-25.
This section shall not preclude the board from allowing a
				  settlement of the complaint, and the board may also allow an assurance of
				  voluntary compliance as prescribed by §
									20:36:05:05.02.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:05 - Charges and hearings › Section 20:36:05:12 - Petition for review

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days after receipt of the board's decision, any
				  party to the hearing may file with the board a petition for review of its
				  decision. The board, at its discretion, may deny the petition, order a
				  rehearing, or direct any other proceedings it deems appropriate. Upon
				  rehearing, the board may affirm, reverse, or modify its earlier decision.
				  Notice of the board's decision on the petition to review shall be served by
				  mail upon the petitioner and other affected parties.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 1-26-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:06 - Fee schedules › Section 20:36:06:01 - Maximum fee schedule

Current through Register Vol. 51, page 10, July 15, 2024
The maximum fee schedule for doing abstract work is as
				  follows:
(1) Each entry on an abstract
				or continuation: $10;
(2) For a
				complete certification covering the records of county offices: $50;
(3) Each name searched (husband and wife to
				be considered two names): $5;
(4)
				Abstracted court proceedings, single-spaced: $20 for 8 1/2 x 14-inch page; $18
				for 8 1/2 x 11-inch page; $10 for 8 1/2 x 7-inch page. Double-spaced: one-half
				of the charges set by this subdivision. Additional copies of abstracted court
				proceedings provided in the same order: one-half of the charges set by this
				subdivision. Photocopies of court proceedings, used in lieu of abstracted
				proceedings: $2 per page. No certificate charge may be made for court
				proceedings;
(5) Recertifying work
				of your own company: one-half price;
(6) Recertifying work of another company:
				full price;
(7) Plats:
				$30;
(8) City special assessment
				certificate: $25;
(9) Real property
				valuation: a valuation fee figured according to § 20:36:06:01.02 may be
				added to the regular rate schedule provided for in subdivisions (1) to (8),
				inclusive, of this section. The fee shall be based on the taxable percentage of
				full and true value for the most recent year as established by the county
				assessor;
(10) Exhibits of recorded
				instruments, typed in office: same charges as for abstracted court proceedings;
				exhibits of recorded instruments, photocopies of record: $2 per instrument. No
				certificate charge may be made for exhibits; and
(11) An extra charge at the rate of $40 an
				hour may be made in addition to the other fees in this section when it is
				necessary to make special searches of records or where descriptions are by
				metes and bounds or otherwise complicated.
General Authority:
SDCL
					 36-13-6,
					 36-13-6.1(5),
					 36-13-25.
Law Implemented:
SDCL
					 36-13-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:06 - Fee schedules › Section 20:36:06:01.01 - Use of valuation fee limited on continuations

Current through Register Vol. 51, page 10, July 15, 2024
In conveying, mortgaging, refinancing, or otherwise
				  transferring or encumbering an interest in real property where the abstract is
				  to be continued two or more times as a part of the same transaction, the real
				  property valuation fee may only be applied on the first
				  continuation.
General Authority:
SDCL
					 36-13-6,
					 36-13-25.
Law Implemented:
SDCL
					 36-13-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:06 - Fee schedules › Section 20:36:06:01.02 - Real property valuation fees

Current through Register Vol. 51, page 10, July 15, 2024
The real property valuation fee shall be figured as
				  follows:
(1) The first $5,000:
				$25;
(2) From $5,001 to $50,000:
				$25 plus $3 for each thousand over $5,000;
(3) From $50,001 to $100,000: $160 plus $2
				for each thousand over $50,000;
(4)
				From $100,001 to $500,000: $260 plus $1.75 for each thousand over
				$100,000;
(5) From $500,001 to
				$1,000,000: $1,135 plus $1.50 for each thousand over $500,000;
(6) Over $1,000,000: $1,885 plus $.85 for
				each thousand over $1,000,000.
General Authority:
SDCL
					 36-13-6,
					 36-13-6.1(5),
					 36-13-25.
Law Implemented:
SDCL
					 36-13-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:06 - Fee schedules › Section 20:36:06:01.03 - Use of unit prices

Current through Register Vol. 51, page 10, July 15, 2024
Contracts for abstracting based upon the fee schedule and
				  estimates of work involved, using a per unit price that has been negotiated may
				  be entered into with any governmental agency that requires such unit pricing
				  for planning budgetary, or regulatory reasons.
General Authority:
SDCL
					 36-13-6,
					 36-13-25.
Law Implemented:
SDCL
					 36-13-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:06 - Fee schedules › Section 20:36:06:02 - Exceeding schedule prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No abstracter shall exceed the price schedule established by
				  the South Dakota abstract board of examiners. Any licensed abstracter violating
				  §
									20:36:06:01 will be given 30 days
				  notice for the board to hold a hearing to determine if such license should be
				  suspended or revoked as well as to impose other penalties as provided by
				  law.
General Authority:
SDCL
					 36-13-6,
					 36-13-25.
Law Implemented:
SDCL
					 36-13-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:06 - Fee schedules › Section 20:36:06:03 - Itemizing of abstract charges pertaining to the maximum fee schedule

Current through Register Vol. 51, page 10, July 15, 2024
Any licensed abstracter doing business under SDCL
				  36-13-25 must, if requested to do
				  so, itemize the bill to show what was charged for the abstract work. If the
				  abstract work pertains to a multiple set of abstracts and the fee charge is the
				  same for all abstracts in the set, the abstracter need only itemize once with
				  the statement that it applies to each of the abstracts in the
				  set.
General Authority:
SDCL
					 36-13-6,
					 36-13-25.
Law Implemented:
SDCL
					 36-13-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:07 - Title insurance title searches › Section 20:36:07:01 - Title search required for countersignature

Current through Register Vol. 51, page 10, July 15, 2024
An abstracter shall search the records contained in the
				  abstracter's plant and in the courthouse which relate to the property being
				  insured before he countersigns a policy of or commitment for title insurance
				  pursuant to SDCL
				  58-25-16.
General Authority:
SDCL
					 36-13-6,
					 36-13-25.
Law Implemented:
SDCL
					 36-13-25,
					 36-13-26.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:07 - Title insurance title searches › Section 20:36:07:01.01 - Report of findings

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of the search as required in §
									20:36:07:01, the abstracter may
				  report its findings on a Search Report or Certificate as determined and
				  published by the Abstracters' Board of Examiners.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-26.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:07 - Title insurance title searches › Section 20:36:07:02 - Title search requirements

Current through Register Vol. 51, page 10, July 15, 2024
The title search required for a commitment for or policy of
				  title insurance shall be made under the direction of an abstracter licensed in
				  the county in which the property is located, who shall countersign the title
				  insurance policy pursuant to SDCL
				  58-25-16.
The results of the search shall be forwarded to the agent or
				  company that is to issue the policy in the same order of business as is
				  normally conducted by the abstracter. Delays in the search or reporting shall
				  be cause for complaint and disciplinary proceedings by the abstracter's board
				  of examiners.
General Authority:
SDCL
					 36-13-6,
					 36-13-25.
Law Implemented:
SDCL
					 36-13-13,
					 36-13-25,
					 36-13-26.1,
					 58-25-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:07 - Title insurance title searches › Section 20:36:07:03 - Copies of searches to be kept

Current through Register Vol. 51, page 10, July 15, 2024
Copies of all searches provided to a title insurance agent or
				  company under this chapter shall be kept in the files of the
				  abstracter.
General Authority:
SDCL
					 36-13-6,
					 36-13-25.
Law Implemented:
SDCL
					 36-13-10,
					 58-25-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:08 - Countersignature fees › Section 20:36:08:02 - Countersignature fee for simultaneous issue

Current through Register Vol. 51, page 10, July 15, 2024
The maximum fee an abstracter may charge when countersigning
				  an owner-purchaser title insurance policy and a mortgage title insurance policy
				  concerning the identical property that are to be simultaneously issued is the
				  applicable maximum fee for the countersignature of an owner-purchaser title
				  insurance policy as stated in §
									20:36:08:01 plus
				  $5.
General Authority:
SDCL
					 36-13-25.
Law Implemented:
SDCL
					 58-25-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:27 - General rules affecting board › Section 20:38:27:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL chapter 36-18 A have the same meaning
				  when used in this article. In addition, terms used in this article mean:
(1) "ARE", Architectural Registration
				Examination;
(2) "ASAC/ABET,"
				Applied Science Accreditation Commission of Accreditation Board for Engineering
				and Technology, Inc.;
(3) "AXP,"
				architectural experience program;
(4) "CACB," Canadian Architectural
				Certification Board;
(5) "CLARB,"
				Council of Landscape Architectural Registration Boards;
(6) "EAC/ABET," Engineering Accreditation
				Commission of Accreditation Board for Engineering and Technology,
				Inc.;
(7) "EI," engineering
				intern;
(8) "EIT,"
				engineer-in-training;
(9) "FE,"
				Fundamentals of Engineering Examination;
(10) "FS," Fundamentals of Land Surveying
				Examination;
(11) "LAAB," Landscape
				Architectural Accrediting Board;
(12) "LARE," landscape architectural
				registration exam;
(13) "LSI," land
				surveying intern;
(14) "LSIT," land
				surveyor-in-training;
(15) "NAAB,"
				National Architectural Accrediting Board;
(16) "NCARB," National Council of
				Architectural Registration Boards;
(17) "NCEES," National Council of Examiners
				for Engineering and Surveying;
(18)
				"NICET," National Institute for Certification in Engineering
				Technologies;
(19) "PDH,"
				Professional Development Hour;
(20)
				"PE," Principles and Practice of Engineering Examination;
(21) "PS," Principles and Practice of Land
				Surveying Examination; and
(22)
				"TAC/ABET," Technology Accreditation Commission of Accreditation Board for
				Engineering and Technology, Inc.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:27 - General rules affecting board › Section 20:38:27:02 - Meetings

Current through Register Vol. 51, page 10, July 15, 2024
The board shall meet every other month beginning in January
				  at the board's office unless otherwise specified by notice.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:27 - General rules affecting board › Section 20:38:27:03 - Organization

Current through Register Vol. 51, page 10, July 15, 2024
At its last regular meeting prior to June 30, the board shall
				  elect a chair, vice chair, and secretary from its members. The newly elected
				  officers shall take office on July 1.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:27 - General rules affecting board › Section 20:38:27:04 - Voting

Current through Register Vol. 51, page 10, July 15, 2024
Any member of the board, including the chair, may vote and
				  make or second motions. A majority of those present is required to pass a
				  motion. The chair shall vote as a member of the board.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:27 - General rules affecting board › Section 20:38:27:05 - Duties of board members

Current through Register Vol. 51, page 10, July 15, 2024
The chair shall preside at all meetings and shall appoint any
				  committees authorized by the board. The chair shall sign all certificates of
				  licensure and other official documents. The chair shall perform all duties
				  usually pertaining to the office of the chair. The vice chair shall perform the
				  duties delegated to the chair in the absence or incapacity of the chair. The
				  secretary is responsible for the supervision of the minutes of all
				  meetings.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-18,
					 36-18A-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:27 - General rules affecting board › Section 20:38:27:06 - Absence of officers

Current through Register Vol. 51, page 10, July 15, 2024
In the absence of the chair and vice chair from a meeting of
				  the board, the remaining members shall elect a presiding officer who shall
				  serve until the conclusion of the meeting or until the arrival of the chair or
				  vice chair.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-18,
					 36-18A-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:27 - General rules affecting board › Section 20:38:27:07 - National councils

Current through Register Vol. 51, page 10, July 15, 2024
The board may affiliate with the National Council of
				  Architectural Registration Boards (NCARB), the National Council of Examiners
				  for Engineering and Surveying (NCEES), and the Council of Landscape
				  Architectural Registration Boards (CLARB). Any board member, consultant, or
				  employee appointed by the board may attend meetings of the councils at board
				  expense, subject to compliance with SDCL
				  3-9-2,
				  3-9-4, and
				  3-9-6.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:28 - Licensure and enrollment › Section 20:38:28:01 - Certificate

Current through Register Vol. 51, page 10, July 15, 2024
Upon satisfaction of all requirements for licensure as a
				  professional, enrollment as an intern, or licensure as a business entity, the
				  executive director shall provide the applicant with a numbered certificate
				  indicating the type of license or enrollment and the issue or expiration date.
				  The board shall enter the name of each applicant granted licensure or
				  enrollment into its meeting minutes.
A certificate of enrollment as an intern does not authorize
				  the enrollee to practice as a licensed professional or to imply that such a
				  professional title is held.
General Authority:
SDCL
					 36-18A-22(1).
Law Implemented:
SDCL
					 36-18A-25,
					 36-18A-36.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:28 - Licensure and enrollment › Section 20:38:28:02 - Late renewal

Current through Register Vol. 51, page 10, July 15, 2024
Within three years from the date of expiration, the board may
				  accept a late renewal if the expired license holder pays the late renewal
				  penalty fee, the biennial renewal fee, meets continuing professional
				  development requirements, and passes a take-home examination covering South
				  Dakota laws and ethics. A business entity must only pay the late renewal fee
				  and the biennial renewal fee. After three years from the date of expiration, an
				  individual or business entity must submit a new application for licensure. A
				  person shall not practice or offer to practice as a professional during the
				  period of licensure expiration.
General Authority:
SDCL
					 36-18A-22(2).
Law Implemented:
SDCL
					 36-18A-22(2),
					 36-18A-42,
					 36-18A-52.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:28 - Licensure and enrollment › Section 20:38:28:03 - Inactive or retired status

Current through Register Vol. 51, page 10, July 15, 2024
Upon licensee request, the board may grant inactive or
				  retired status if the following criteria are met:
(1) The person no longer practices the
				profession or offers to practice the profession;
(2) The person has not had a professional
				license revoked in any state; and
(3) The required fees are paid.
A person maintaining inactive status may apply for license
				  reactivation if the person meets all current requirements for licensure,
				  including continuing professional development, pays the application fee and
				  passes a take home examination covering South Dakota laws and ethics.
A person maintaining retired status may use the appropriate
				  title with the notation "Retired" after the title.
General Authority:
SDCL
					 36-18A-40.
Law Implemented:
SDCL
					 36-18A-40,
					 36-18A-42,
					 36-18A-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:29 - Applications › Section 20:38:29:01 - Application required

Current through Register Vol. 51, page 10, July 15, 2024
An application is required in accordance with the provisions
				  of this chapter, for each of the following:
(1) Individual licensure;
(2) Individual license renewal
(3) Individual license
				reactivation;
(4) Business entity
				licensure;
(5) Business entity
				license renewal;
(6) Business
				entity license reactivation;
(7)
				Admission to examination, including, FE, PE, FS, LS,, and petroleum release
				examinations.
An application must be made on the appropriate form, be
				  complete, legible, and accompanied by the appropriate application fee. By
				  submitting an application, an applicant certifies, under penalty of perjury,
				  that the information submitted by the applicant is true and correct. An
				  applicant may be required to clarify, expand, or provide additional information
				  as needed to fully evaluate the application.
Any change in the information provided by an applicant or
				  licensee, including the mail or email address must be provided to the board
				  office within 30 days of the change.
General Authority:
SDCL
					 36-18A-22(1).
Law Implemented:
SDCL
					 36-18A-22(1),
					 36-18A-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:29 - Applications › Section 20:38:29:02 - References

Current through Register Vol. 51, page 10, July 15, 2024
Applications for licensure shall include the names and
				  addresses of at least five references. At least three references must be
				  licensed professionals in good standing in the applicant's profession, and each
				  reference must have personal knowledge of the applicant's experience.
Applications for admission to examination shall include, as
				  references, the names and addresses of the licensed professionals in
				  responsible charge of the applicant's professional experience in each
				  professional employment period. If any response is unfavorable, additional
				  qualifying experience may be required. If a reference fails to respond, the
				  application may be delayed until either the response is received or the
				  response of another reference is received. A current board member may not be
				  used as a reference.
General Authority:
SDCL
					 36-18A-22(1).
Law Implemented:
SDCL
					 36-18A-22(1),
					 36-18A-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:29 - Applications › Section 20:38:29:03 - Deadlines

Current through Register Vol. 51, page 10, July 15, 2024
Applications complete with all required information and with
				  payment of the required fee, must be filed with the executive director
				  according to the following schedule of deadlines:
(1) Individual or business renewal or
				reactivation -- monthly on the last day of the month;
(2) Individual or business licensure --
				January 1, March 1, May 1, July 1, September 1, and November 1;
(3) FE or FS examination -- January 1, March
				1, May 1, July 1, September 1, and November 1;
(4) PE or PS examination -- January 1 and
				July 1;
(5) LARE -- January 1,
				March 1, May 1, July 1, September 1, and November 1;
(6) Petroleum release examination -- January
				1, March 1, May 1, July 1, September 1, and November 1.
General Authority:
SDCL
					 36-18A-22(1).
Law Implemented:
SDCL
					 36-18A-22(1),
					 36-18A-33.
The
				  amended version of this section by
				  43
				  SDR 85, effective
				  12/12/2016 is not
				  yet available.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:29 - Applications › Section 20:38:29:04 - Notification

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall be notified by mail of the board's
				  approval or denial of an application. If the application is denied, the
				  notification shall include an explanation.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:29 - Applications › Section 20:38:29:05 - Denial

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the grounds in SDCL
				  36-18A-40,
				  36-18A-56,
				  36-18A-65, and
				  36-18A-66, the board may deny an
				  application based on grounds stated in chapter 20:38:36.
General Authority:
SDCL
					 36-18A-22(8).
Law Implemented:
SDCL
					 36-18A-22,
					 36-18A-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:29 - Applications › Section 20:38:29:06 - Expiration

Current through Register Vol. 51, page 10, July 15, 2024
An application shall expire and be destroyed after six
				  months from receipt if the application is not completed within that time, or if
				  the application is denied by the board for any reason.
General Authority:
SDCL
					 36-18A-22(1).
Law Implemented:
SDCL
					 36-18A-22(1),
					 36-18A-25 to
					 36-18A-31,
					 inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:30 - Education requirements › Section 20:38:30:01 - Architecture

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as an architect shall meet the
				  following education requirement:
(1) A
				professional degree in architecture from a program accredited by the National
				Architectural Accreditation Board (NAAB);
(2) A professional degree in architecture
				from a Canadian university certified by the Canadian Architectural
				Certification Board (CACB);
(3) A
				degree in architecture or a bachelor's degree in an architecture-related
				program satisfying a degree evaluation by Education Evaluation Services for
				Architects (EESA) as a part of NCARB's education alternative certification
				program; or
(4) A degree in
				architecture from a foreign education program that satisfies a foreign degree
				evaluation by EESA.
For a degree evaluation by EESA, NCARB will, upon applicant
				  request, inform the applicant of the type of evaluation required from EESA. The
				  applicant must ask EESA to send a copy of its completed evaluation report
				  directly to NCARB. Based upon the report, NCARB will determine whether the
				  applicant has met the education requirement, or will meet the requirement when
				  all reported deficiencies have been corrected via additional course work or
				  testing as prescribed by EESA.
An NCARB certification shall be accepted by the board as
				  evidence that the education requirement has been met.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-27.
Law Implemented:
SDCL
					 36-18A-27,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:30 - Education requirements › Section 20:38:30:02 - Engineering

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of the investigation, the investigating
				  committee shall recommend to the board whether the charges should be dismissed
				  for lack of merit or whether based upon the investigation of the committee
				  there is sufficient basis to proceed with either a formal hearing or other
				  disposition. The failure of a licensee to comply with the investigation request
				  administered by the board may result in disciplinary action. The board may also
				  petition the court of the county in which the individual licensee resides, and
				  the court may enter an order compelling the compliance or imposing such terms
				  and conditions as the court may deem necessary.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 36-18A-55,
					 36-18A-56,
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:30 - Education requirements › Section 20:38:30:03 - Land surveying

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a land surveyor shall meet the
				  following education requirement:
(1) A
				bachelor level degree in surveying from a program accredited by the EAC, ASAC,
				or TAC of ABET or other education assessed by the board as
				equivalent;
(2) A bachelor level
				degree in a related technical program; or
(3) A bachelor level degree in a non-related
				program or an associate level technical degree in surveying or related
				technical program.
In all cases, reference above to a degree in a related
				  technical program shall be a degree having a program of study which includes
				  basic courses in mathematics, physical science, and other subject areas related
				  to surveying. The board will determine which programs are related technical
				  programs and which are non-related programs.
Each applicant for licensure must complete at least 24 total
				  semester credit hours of surveying education, which may consist of the
				  successful completion of either surveying courses included in the degree
				  program or surveying courses which were taken outside of and in addition to the
				  degree program, or a combination of both. The surveying courses must be
				  acquired from education institutions offering degrees as described above or as
				  acceptable to the board. The surveying courses shall be unique in title and
				  subject matter, and may not be duplicates of each other. The surveying courses
				  shall range from basic principles of surveying through advanced applications of
				  surveying, and shall include courses on the original public land survey system
				  and boundary surveying. In the event all or a portion of the surveying
				  education is earned as quarter credit hours, the equivalent education shall be
				  based on equating one semester credit hour as being equal to one and one-half
				  quarter credit hours.
Land surveying interns (LSIT or LSI) who have completed all
				  of the requirements and who apply for licensure as a land surveyor prior to
				  December 31, 2022, may apply for licensure under the licensing requirements
				  that existed on January 1, 2011.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-28,
					 36-18A-29.
Law Implemented:
SDCL
					 36-18A-1(15)(16),
					 36-18A-4,
					 36-18A-28,
					 36-18A-29,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:30 - Education requirements › Section 20:38:30:04 - Landscape architecture

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a landscape architect shall
				  have a professional degree in Landscape Architecture from a program accredited
				  by the Landscape Architectural Accrediting Board (LAAB). A CLARB certification
				  is required as evidence that the education requirement has been
				  met.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-30.
Law Implemented:
SDCL
					 36-18A-1(17)(18),
					 36-18A-5,
					 36-18A-30,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:30 - Education requirements › Section 20:38:30:05 - Petroleum release assessment

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Petroleum Release Assessor
				  shall meet the following education requirement:
(1) A bachelor level degree in engineering or
				related sciences; or
(2) A high
				school diploma.
General Authority:
SDCL
					 36-18A-22(3).
Law Implemented:
SDCL
					 36-18A-1(22),
					 36-18A-6,
					 36-18A-31,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:30 - Education requirements › Section 20:38:30:06 - Petroleum release remediation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Petroleum Release Remediator
				  shall meet the following education requirement:
(1) A master or doctoral level degree in
				engineering or related sciences; or
(2) A bachelor level degree in engineering or
				related sciences.
General Authority:
SDCL
					 36-18A-22(3).
Law Implemented:
SDCL
					 36-18A-1(23),
					 36-18A-7,
					 36-18A-31,
					 36-18A-32.