reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:10 - Examination

Current through Register Vol. 51, page 10, July 15, 2024
A final examination must be given in each course. A copy of the final examination and the answers must be filed with the commission.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:11 - Reexamination

Current through Register Vol. 51, page 10, July 15, 2024
A candidate for a license who fails the final examination of a prelicensing course may retake the examination without retaking the prelicensing education.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:12 - Schedule

Current through Register Vol. 51, page 10, July 15, 2024
A course provider shall furnish a schedule of all courses offered, including the date, time, and place where they will be offered, to the commission before the courses begin.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:13 - Auditing

Current through Register Vol. 51, page 10, July 15, 2024
The commission may audit courses. A course audit may include an examination of the facilities, instructional materials, instructional techniques and teaching aids utilized, organization and effect of the classroom presentation, accuracy of information provided, knowledge of subject matter, rapport established, and adherence to time requirements and course outline.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:14 - Withdrawal of course or instructor approval

Current through Register Vol. 51, page 10, July 15, 2024
If the commission at any time determines that an instructor or course is not continuing to meet the requirements of SDCL chapter 36-21 C and this chapter, it shall immediately notify the course provider in writing detailing the deficiencies requiring correction. The approval by the commission shall continue 90 days from the date of the commission's written notice to the course provider, and if, at the expiration of that period, the course provider has failed to correct to the commission's satisfaction the deficiencies noted, the commission may withdraw approval of the instructor or course.
If the commission disciplines an instructor who holds a home inspector license for acts committed as a licensee, the commission may also withdraw the instructor's approval as an instructor.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
Procedure for a contested case, SDCL chapter 1-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:14.01 - Denial of course or instructor approval

Current through Register Vol. 51, page 10, July 15, 2024
The commission may deny approval of a home inspection course or instructor if it is determined that either is not in compliance with SDCL chapter 36-21 C and this article. A person aggrieved by denial of approval by the commission may file a written request for a hearing pursuant to §
									20:74:01:03.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:15 - Withdrawal of approval for inactivity

Current through Register Vol. 51, page 10, July 15, 2024
The commission may withdraw its approval for any course that has not been offered for at least one year.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:16 - Conditions for credit for alternative courses

Current through Register Vol. 51, page 10, July 15, 2024
A person may apply to the commission for credit for courses on home inspection based on satisfactory completion of a similar course at one of the following institutions:
(1) A regionally accredited college or university;
(2) A regionally accredited vocational school; or
(3) A course in a prelicensing education school or institute in a state that has statutorily mandated prelicensing education.
Satisfactory completion of a course, for the purpose of this section, means attaining a passing grade in the course as determined by the instructor.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-5(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:17 - Application for credit for alternative courses

Current through Register Vol. 51, page 10, July 15, 2024
An application for credit under §
									20:74:03:04  must be accompanied by an authenticated transcript from the college, university, vocational school, or prelicensing education school and a description of the course completed.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-5(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:18 - Credit for previously unapproved courses

Current through Register Vol. 51, page 10, July 15, 2024
A person completing a course, either classroom, distance education, or independent study, which has not received prior commission approval shall submit a complete list of the courses taken, the number of hours of study for each course, and the qualifications of the instructors and shall answer any additional questions which the commission may have regarding the course. After review of the information, the commission may approve the course and give the applicant credit for meeting all or a portion of the educational requirements imposed by SDCL chapter 36-21 C.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:19 - Prelicensing education certificate of attendance

Current through Register Vol. 51, page 10, July 15, 2024
A course provider shall provide an individual certificate of attendance to each licensee upon completion of the prelicensing course. The certificate shall contain the licensee's name, the course title, the date, the location of the course, the number of approved credit hours, and the signature of the course provider or instructor. No certificate of attendance may be issued to a licensee who is absent for more than ten percent of the classroom hours.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:20 - Course provider reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
A course provider shall submit a list of participants to the commission within ten days after completion of a course. The course provider shall provide a course evaluation form to each licensee for completion and submit the completed course evaluations to the commission within ten days after completion of a course.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:21 - Preregistration allowed - Notice of cancellation required

Current through Register Vol. 51, page 10, July 15, 2024
A course provider offering approved prelicensing education courses may require preregistration with a registration cutoff date. The requirement must be advertised prior to each course. The course provider must notify registrants if the course is cancelled. The notification must be made at least 48 hours before the time of the beginning of the course.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:22 - Application for approval of distance education or independent study course

Current through Register Vol. 51, page 10, July 15, 2024
A course provider desiring to give approved independent study or distance education courses to prospective real estate licensees shall apply on a form provided by the commission. The application must be filed with the commission at least 30 days before the course begins.
The application form shall include the following information and enclosures:
(1) Name, address, and telephone number of the course provider;
(2) Course title;
(3) The specific subject matter requirement met by the course;
(4) The names of any instructor who will be available to answer student questions, the means of contact, and the hours of availability;
(5) The overall structure, functioning, and administration of the proposed course;
(6) A complete list of all lessons, modules, and learning objectives for each;
(7) An explanation of the remediation process which is in effect to accomplish mastery of material when specific deficiencies are identified; and
(8) A description of the procedures used to ensure exam security.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:23 - Additional requirements for distance education course offerings

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									20:74:03:21, an application for approval of a distance education course must include the following:
(1) A complete description of any hardware, software, or other technology to be used by the provider and needed by the student to effectively engage in the delivery and completion of the course material and an assessment of the availability and adequacy of the equipment, software, or other technologies to the achievement of the course's instructional claims; and
(2) An explanation of how the course measures, documents, and records that the student has engaged in the required interactive exercises, achieved the required level of mastery, and spent the required amount of time completing the course and how the course provides protection against loss of student data due to hardware or software failure or against inadvertent loss by the student.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:24 - Distance education defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter, a distance education course is one in which instruction takes place in other than a traditional classroom setting, the instructor and student are in physically separate locations, and instructional methods include interactive video-based instruction, computer conferencing, interactive audio, interactive computer software, and internet-based instruction.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:25 - Independent study defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter, an independent study is a course in which no interaction with an instructor is planned or implied as part of the learning process.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:26 - Standards for distance education

Current through Register Vol. 51, page 10, July 15, 2024
A distance education course must provide mastery of the material. The course must:
(1) Divide the material into major learning units, each of which is further divided into modules of instruction;
(2) Specify learning objectives for each learning unit or module of instruction. Learning objectives must be comprehensive enough to ensure that if all the objectives are met, the entire content of the course will be mastered;
(3) Specify an objective, quantitative criterion for mastery used for each learning objective and provide a structured learning method designed to enable students to attain each objective;
(4) Provide a means of diagnostic assessment of each student's performance on an ongoing basis during each module of instruction, including appropriate remediation if required; and
(5) Require that the student demonstrate adequate comprehension of all material covered by the learning objectives for the module or unit before completing that module or unit.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:28 - Student certification required

Current through Register Vol. 51, page 10, July 15, 2024
Any school offering an approved distance education or independent study course must obtain from each student a certification statement substantially as follows: "I certify that I have personally completed each assigned module of instruction for this course without the assistance of any person other than my instructor and that all work represented as being mine is in fact my own work."
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:29 - Material change

Current through Register Vol. 51, page 10, July 15, 2024
A course provider of an approved home inspection course shall immediately notify the commission of any material change contained in the application for approval or in the attached exhibits. A course provider may seek approval of a course subsequent to a course offering by submitting all information requested.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:03 - Prelicensing education › Section 20:74:03:30 - Classroom, distance education, and independent study course application fees

Current through Register Vol. 51, page 10, July 15, 2024
Course application fees include the following:
Initial Approval
Renewal
Classroom
$150.00
$50.00
Distance Education
200.00
50.00
Independent Study
200.00
50.00
ARELLO Certified
75.00
50.00
General Authority:
SDCL  36-21C-6(3).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:01 - Continuing education defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter, continuing education means accredited educational experience derived from a licensed or registered home inspector's participation in approved lectures, seminars, or courses on real property inspection, or in other related areas in real estate that have been approved by the commission, to maintain and improve the professional skills and upgrade the standard of all home inspectors.
The commission considers courses in the following areas to be acceptable when considering approval:
(1) Legal issues affecting home inspectors;
(2) Building codes, including plumbing, electrical, heating, cooling, ventilation and cooling codes as adopted by any regulatory agency in South Dakota;
(3) Business standards of practice;
(4) Report writing;
(5) Environmental issues/hazardous substances/wood-destroying insects;
(6) Ethics;
(7) Building components;
(8) Computer skills;
(9) Fair housing;
(10) Antitrust;
(11) The Americans with Disabilities Act; and
(12) Courses offered or approved by the South Dakota plumbing or electrical commission for licensed plumbers or electricians.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:02 - Distance education defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter, a distance education course is one in which instruction takes place in other than a traditional classroom setting, the instructor and student are in physically separate locations, and instructional methods include interactive video-based instruction, computer conferencing, interactive audio, interactive computer software, and internet-based instruction.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:03 - Independent study defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter, an independent study is a course in which no interaction with an instructor is planned or implied as part of the learning process.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:04 - Interactive defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter, interactive means the course structure and technologies promote active student involvement with the course content, including the ability to access or bypass optional content, submit questions or answer test items and receive direct feedback, and communicate with other students and the instructor on an immediate or reasonably delayed basis. Interactive instructions specifically excludes courses that only provide passive delivery of instructional content.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:05 - Standards for distance education

Current through Register Vol. 51, page 10, July 15, 2024
A distance education course must provide mastery of the material. The course must:
(1) Divide the material into major learning units, each of which is further divided into modules of instruction;
(2) Specify learning objectives for each learning unit or module of instruction. Learning objectives must be comprehensive enough to ensure that if all the objectives are met, the entire content of the course will be mastered;
(3) Specify an objective, quantitative criterion for mastery used for each learning objective and provide a structured learning method designed to enable students to attain each objective;
(4) Provide a means of diagnostic assessment of each student's performance on an ongoing basis during each module of instruction, including appropriate remediation where required; and
(5) Require that the student demonstrate adequate comprehension of all material covered by the learning objectives for the module or unit before completing that module or unit.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:06 - Classroom hour

Current through Register Vol. 51, page 10, July 15, 2024
A classroom hour is a period of at least 50 minutes of actual classroom instruction. Additional study assignments are not counted as hours of classroom instruction.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:06.01 - Length of course

Current through Register Vol. 51, page 10, July 15, 2024
No more than eight hours of instruction may be offered in one day.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:07 - Requirements - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
A home inspector licensed or registered by the commission must complete 24 hours of continuing education requirements at time of renewal of the license or registration. A home inspector who has not completed the continuing education requirements may not conduct home inspections until the requirements are completed. The same continuing education hours may not be used for more than one renewal period.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:08 - Exceptions and extensions

Current through Register Vol. 51, page 10, July 15, 2024
The commission may make exceptions and grant extensions for continuing education for reasons of health, military service, or other good cause if proof is provided to the commission. The commission may exempt a nonresident licensee from the continuing education requirements if the licensee meets the requirements of SDCL  36-21C-8 and all of the home inspector licensing requirements in the state of residence.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:09 - Criteria for continuing education course approval

Current through Register Vol. 51, page 10, July 15, 2024
The commission may approve any course, seminar, conference, or equivalent that is provided by the commission, a public or private school, an organization, an association, a person, a corporation, a society, or similar organization. The commission, when acting on an application for approval of a course, shall consider the following minimum criteria:
(1) A course must have a total instruction time of not less than three hours;
(2) A course provider must certify to the best of its knowledge the attendance of each student at the course. The course provider shall submit its criteria for measuring attendance in the application for course approval on a form provided by the commission;
(3) The course provider shall maintain for a minimum of three years records of students successfully completing a course;
(4) Credit must be earned on the basis of attendance or, in the case of independent study or distance education courses, completion of the course;
(5) Each course may have a coordinator or administrator supervising the program. The coordinator must be qualified, either through previous education or experience, to administer a home inspector course, to evaluate course content and instructors, and to analyze examinations; and
(6) All instructors in a home inspection course must file with the commission credentials showing the necessary specialized preparation, training, and experience to ensure competent instruction. The commission shall approve each instructor individually. Approval must be obtained from the commission before the instructor's lecture in an approved course. Instructors, lecturers, seminar leaders, and others who present a continuing education course must meet at least one of the following qualifications:
(a) A bachelor's, graduate, or postgraduate degree in the field in which the person is to teach;
(b) A valid teaching credential or certificate from South Dakota or another state authorizing the holder to teach in the field of instruction being offered;
(c) Five years' full-time experience in a professional, trade, or technical occupation in the applicable field;
(d) Any combination of at least five years of full-time applicable field experience and college level education; or
(e) Expertise in specialized courses as approved by the commission.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:11 - Application for approval of classroom instruction - Fee required

Current through Register Vol. 51, page 10, July 15, 2024
An application for approval of a course shall be on a form provided by the commission. The application must be filed with the commission at least 30 days before a course is offered and must be accompanied by an application fee pursuant to §
									20:74:04:28. The application form shall include the following information and enclosure:
(1) Name, address, and telephone number of the course provider;
(2) The title of the course;
(3) A complete description or copies of all materials to be distributed to the participants;
(4) The date and exact location of each presentation of the course;
(5) The duration and time of the course;
(6) A comprehensive, detailed outline of the subject matter together with course objectives, the time sequence of each segment, faculty for each segment, and teaching technique used in each segment;
(7) The method of evaluation of the program;
(8) The procedure for measuring attendance; and
(9) A description of the faculty, including name, professional educational background, and practical or teaching experience. A complete resume shall be furnished.
General Authority:
SDCL  36-21C-6(1)(3).
Law Implemented:
SDCL  36-21C-6(1)(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:12 - Application for approval of distance education or independent study courses - Fee required

Current through Register Vol. 51, page 10, July 15, 2024
An application for approval of a distance education or independent study course shall be on a form provided by the commission and must be accompanied by an application fee pursuant to §
									20:74:04:28. The application form shall include the following information and enclosures:
(1) Name, address, and telephone number of the course provider;
(2) Course title;
(3) The specific subject matter requirement met by the course;
(4) The names of any instructor who will be available to answer student questions, the means of contact, and the hours of availability;
(5) The overall structure, functioning, and administration of the proposed course;
(6) A complete list of all lessons, modules, and learning objectives for each;
(7) An explanation of the remediation process which is in effect to accomplish mastery of material when specific deficiencies are identified; and
(8) A description of the procedures used to ensure examination security.
General Authority:
SDCL  36-21C-6(1)(3).
Law Implemented:
SDCL  36-21C-6(1)(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:13 - Additional requirements for a distance education course

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									20:74:04:12, an application for approval of a distance education course must include the following:
(1) A complete description of any hardware, software, or other technology to be used by the provider and needed by the student to effectively engage in the delivery and completion of the course material and an assessment of the availability and adequacy of the equipment, software, or other technologies to the achievement of the course's instructional claims; and
(2) An explanation of how the course measures, documents, and records that the student has engaged in the required interactive exercises, achieved the required level of mastery, and spent the required amount of time completing the course and how the course provides protection against loss of student data due to hardware or software failure or against inadvertent loss by the student.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:14 - Student certification required

Current through Register Vol. 51, page 10, July 15, 2024
Any course provider offering an approved distance education or independent study course must obtain from each student a certification statement substantially as follows: "I certify that I have personally completed each assigned module of instruction for this course without the assistance of any person other than my instructor and that all work represented as being mine is in fact my own work."
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:15 - Approval of out-of-state courses

Current through Register Vol. 51, page 10, July 15, 2024
If a South Dakota home inspector enrolls in a continuing education course approved by and offered in another state, that course may be used to meet continuing education requirements in South Dakota.
The licensee must provide proof of course completion and the other state's approval before the commission may accept the credits.
The licensee must apply for approval of the out-of-state course, on a form provided by the commission, within 60 days after the date that the course was completed.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:16 - ARELLO certified courses approved for continuing education

Current through Register Vol. 51, page 10, July 15, 2024
The commission may approve courses certified by the Association of Real Estate License Law Officials if appropriate documentation that the ARELLO certification is in effect and that the course meets the content requirements of §
									20:74:04:01  is provided. Approval under this section shall cease if the ARELLO certification is discontinued.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:17 - Certificate of approval

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall grant a certificate of approval for each course approved by the commission. The certificate remains valid for three years. A certificate of approval for a seminar course shall be valid for the duration of the seminar.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:18 - Material change

Current through Register Vol. 51, page 10, July 15, 2024
A course provider of each approved home inspector course shall immediately notify the commission of any material changes contained in the application for approval or in the attached exhibits. A course provider may seek approval of a course subsequent to a course offering by submitting all information requested.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:19 - Denial of course or instructor approval

Current through Register Vol. 51, page 10, July 15, 2024
The commission may deny approval of a home inspector course or instructor if it is determined that either is not in compliance with SDCL chapter 36-21 C and this article. Any person aggrieved by denial of approval by the commission may file a written request for a hearing pursuant to §
									20:74:01:04.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:19.01 - Withdrawal of course or instructor approval

Current through Register Vol. 51, page 10, July 15, 2024
If the commission at any time determines that a course or an instructor approved pursuant to chapter 20:74:04 is not continuing to meet the requirements of SDCL chapter 36-21 C and this chapter, it shall immediately notify the course provider in writing detailing the deficiencies requiring correction. The approval by the commission shall continue 90 days from the date of the commission's written notice to the course provider, and if, at the expiration of that period, the course provider has failed to correct to the commission's satisfaction the deficiencies noted, the commission may withdraw approval of the course or instructor.
If the commission disciplines an instructor who holds a home inspector license for acts committed as a licensee the commission may also withdraw that licensee's approval as an instructor.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:20 - Course credit

Current through Register Vol. 51, page 10, July 15, 2024
Credit for completion of a course may be given only once to a home inspector during a reporting period.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:21 - Facilities

Current through Register Vol. 51, page 10, July 15, 2024
Each course provider must have the classrooms, facilities, equipment, and personnel necessary to implement the offerings.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:21.01 - Schedule

Current through Register Vol. 51, page 10, July 15, 2024
The course provider shall furnish a schedule of all courses, including the date, time, and place where they will be offered, to the commission before the courses begin.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:22 - Auditing

Current through Register Vol. 51, page 10, July 15, 2024
The commission or its representatives may audit courses. A course audit may include, but not limited to, a review of the facilities, instructional materials, instructional techniques and teaching aids utilized, organization and effect of the classroom presentation, accuracy of information provided, knowledge of subject matter, rapport established, and adherence to time requirements.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:23 - Continuing education certificate of attendance - Course evaluation

Current through Register Vol. 51, page 10, July 15, 2024
A course provider shall provide an individual certificate of attendance to each home inspector upon completion of an approved course or seminar. The certificate shall contain the licensee's name, the course title, the date, the location of the course, the number of approved credit hours, and the signature of the course provider or instructor. No certificate of attendance may be issued to a home inspector who is absent for more than ten percent of the classroom hours.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:23.01 - Course provider reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
A course provider shall submit a list of participants to the commission within ten days after completion of a course. The course provider must provide a course evaluation form to each licensee for completion and submit the completed course evaluations to the commission within ten days after completion of a course.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:24 - Certificate retention

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall retain the attendance certificate provided upon course completion until the next license renewal period has been completed.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:25 - Instructor report

Current through Register Vol. 51, page 10, July 15, 2024
The course provider or instructor must submit a list of participants to the commission within ten days after completion of a course.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:26 - Preregistration allowed - Notice of cancellation required

Current through Register Vol. 51, page 10, July 15, 2024
A course provider offering approved continuing education courses may require preregistration with a registration cutoff date. The requirement must be advertised prior to each course. The course provider must notify home inspectors who have preregistered if the course is cancelled. The notification must be made at least 48 hours before the course is set to begin.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:27 - Limit on independent study courses

Current through Register Vol. 51, page 10, July 15, 2024
No more than six hours of independent study courses may be used in any one period to fulfill continuing education requirements.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:28 - Classroom, distance education, and independent study course application fees

Current through Register Vol. 51, page 10, July 15, 2024
Course application fees include the following:
Initial Approval
Renewal
Classroom
$ 75.00
$50.00
Distance Learning
150.00
50.00
Independent Study
75.00
50.00
ARELLO Certified
75.00
50.00
Seminar
15.00/hour
n/a
General Authority:
SDCL  36-21C-6(3).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:29 - Instructors

Current through Register Vol. 51, page 10, July 15, 2024
No instructor unless approved, by name, by the commission may teach continuing education courses. This section does not apply to guest speakers as provided for in §
									20:74:04:31.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:30 - Application for approval of instructors - Guest speakers exempt

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for instructor approval shall apply on a form provided by the commission. A guest speaker is exempt from making application if requesting approval pursuant to §
									20:74:04:31.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:31 - Utilization of guest speakers - Resumeto accompany course application

Current through Register Vol. 51, page 10, July 15, 2024
A course provider may utilize guest speakers with expertise in a particular area in any approved course if an approved instructor is present at the time of the presentation. A course provider may, however, utilize guest speakers without an approved instructor present with the prior written approval of the commission.
An application for approval of a course utilizing guest speakers must include a resume of each speaker.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:04 - Continuing education › Section 20:74:04:32 - Certificate of instructor approval - Approval certificates not issued to guest speakers

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall grant a certificate of approval for each instructor approved by the commission. Certificates of approval will not be issued to guest speakers who make application pursuant to §
									20:74:04:31.
General Authority:
SDCL  36-21C-6(1).
Law Implemented:
SDCL  36-21C-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:74 - HOME INSPECTORS › Chapter 20:74:05 - Disciplinary proceedings › Section 20:74:05:01 - Complaints authorized - Procedure following filing

Current through Register Vol. 51, page 10, July 15, 2024
Any person claiming that a home inspector has engaged or is engaging in conduct constituting grounds for disciplinary action may file with the executive director of the commission a written complaint, verified on oath, stating the name and address of the home inspector complained against and fully detailing the conduct against which the complaint is made and the relief sought. A commission member or the executive director may file a complaint. Upon its receipt, the executive director of the commission shall immediately serve a copy of the complaint by mail on the home inspector complained against and on any other affected parties. The home inspector complained against has 20 days to answer the complaint after its service. The home inspector shall serve an answer to the complaint on the executive director. The executive director may reject the complaint if it is not in proper form. 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 20:74:05:02 - Dismissal of complaint

Current through Register Vol. 51, page 10, July 15, 2024
After receipt of the answer to the complaint specified in §
									20:74:05:01  or after the time has expired for the home inspector complained against to answer, the executive director shall submit the complaint and any answer to the commission. The commission shall examine the complaint to determine whether or not it has merit or is frivolous or whether or not it charges conduct constituting grounds for disciplinary action. If the commission determines that the complaint is without merit or is frivolous or that it charges conduct not constituting grounds for disciplinary action, it shall dismiss the complaint and notify in writing the complainant and the home inspector complained against and any other affected parties, stating the reasons for dismissal. If the relief sought does not fall within the jurisdiction of the commission, it shall dismiss the 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 20:74:05:03 - Informal consultation

Current through Register Vol. 51, page 10, July 15, 2024
If the commission considers the complaint to be of a serious nature constituting grounds for disciplinary action, it may, in its discretion, consult with the party or parties affected in an effort to resolve the matter satisfactorily without the necessity of a formal hearing. The commission shall notify in writing the person making the complaint, the home inspector complained against, and any other affected parties of the results of the informal consultation and any action taken. Informal consultation does not prevent the commission from thereafter conducting a formal hearing.
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 20:74:05:04 - Assurance of voluntary compliance

Current through Register Vol. 51, page 10, July 15, 2024
In the enforcement of this chapter, the commission may accept an assurance of voluntary compliance regarding any act or practice alleged to violate this article or SDCL chapter 36-21 C from a person who has engaged in, is engaging in, or is about to engage in such an act or practice. The assurance must be in writing and is subject to the approval of the commission. 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 a person money or property which may have been acquired by the alleged violator by means of such an act or practice. Assurance of voluntary compliance is not considered an admission to a violation for any purpose.
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 20:74:05:05 - Formal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
If the commission decides to conduct a formal hearing after a complaint has been filed and after any informal consultation, the commission shall mail a formal complaint issued in its name and a notice of hearing to the home inspector complained against, the person making the complaint, and any other affected parties.
General Authority:
SDCL  36-21C-6(5).
Law Implemented:
SDCL  36-21C-6(5).