reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14 - Property managers › Section 20:69:14:08 - Real estate law applicable

Current through Register Vol. 51, page 10, July 15, 2024
Unless inconsistent with this chapter, the real estate law
				  contained in SDCL Chapter 36-21 A and this article applies to property
				  managers.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-47.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14 - Property managers › Section 20:69:14:09 - Powers of commission in disciplinary matters

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall discipline a property manager in the
				  same manner as it disciplines a licensed real estate broker or
				  salesperson.
General Authority:
SDCL
					 36-21A-89(5).
Law Implemented:
SDCL
					 36-21A-47,
					 36-21A-68.
Acts constituting unprofessional conduct, SDCL
					 36-21A-71.
Procedure on revocation -- Appeal, SDCL
					 36-21A-86.
Disciplinary proceedings, chapter
					 20:69:05.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14 - Property managers › Section 20:69:14:10 - Broker subject to chapter

Current through Register Vol. 51, page 10, July 15, 2024
A real estate broker who acts as a property manager is
				  subject to the provisions of this chapter.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-47,
					 36-21A-71.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14 - Property managers › Section 20:69:14:11 - Financial obligations and records

Current through Register Vol. 51, page 10, July 15, 2024
A property manager must deposit all security deposits, damage
				  deposits, advance fees, and rental proceeds received in a federally insured
				  financial institution and must make a full accounting to the client. Rental
				  proceeds must be disbursed pursuant to the contract between the property
				  manager and owner. Records related to the receipt, deposit, maintenance, and
				  withdrawal of the funds must be maintained for four years following the
				  termination of a management contract.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-47,
					 36-21A-80,
					 36-21A-82.
Amount of deposit, SDCL
					 43-32-6.1.
Return of deposit, SDCL
					 43-32-24.
Handling of money, SDCL
					 36-21A-88.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14 - Property managers › Section 20:69:14:12 - Property management accounting

Current through Register Vol. 51, page 10, July 15, 2024
A property manager shall prepare and maintain a receipts and
				  disbursements journal or a check register for each trust account. Tenant
				  security deposits must be maintained as a separate balance in the owner's
				  ledger or in a tenant ledger account. Receipts and disbursements must be posted
				  at least once each month, and all trust accounts must be reconciled at least
				  once each month. Prenumbered receipt documents must be completed for any
				  currency received by the property manager which belongs to a
				  principal.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-47,
					 36-21A-71.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14 - Property managers › Section 20:69:14:13 - Required continuing education during initial biennial licensing cycle

Current through Register Vol. 51, page 10, July 15, 2024
Any property manager licensed after January 1, 2019 shall
				  provide to the commission proof of participation in not less than 30 hours of
				  approved continuing education in the initial licensing cycle. Continuing
				  education hours shall be in subject areas under §
									20:69:11:01.05. Property managers
				  who have completed the initial licensing cycle continuing education shall be
				  subject to continuing education requirements as defined in
				  20:69:11:02.
General Authority:
SDCL
					 36-21A-89.
Law Implemented:
SDCL
					 36-21A-47,
					 36-21A-62.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:01 - Residential rental agent license

Current through Register Vol. 51, page 10, July 15, 2024
The residential rental agent license is a restricted broker's
				  license pursuant to SDCL
				  36-21A-47.
General Authority:
SDCL
					 36-21A-12.1,
					 36-21A-47.
Law Implemented:
SDCL
					 36-21A-12.1,
					 36-21A-47.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:02 - Persons to whom license law applicable

Current through Register Vol. 51, page 10, July 15, 2024
A person may not act as a residential rental agent in this
				  state unless the person holds a residential rental agent license pursuant to
				  this chapter or is a real estate broker, salesperson, or property
				  manager.
General Authority:
SDCL
					 36-21A-12.1.
Law Implemented:
SDCL
					 36-21A-12.1,
					 36-21A-28,
					 36-21A-47.
Persons and entities exempted from this chapter, SDCL
					 36-21A-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:03 - Application for license

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a residential rental agent license must file
				  an application on a form provided by the commission.
General Authority:
SDCL
					 36-21A-12.1.
Law Implemented:
SDCL
					 36-21A-12.1,
					 36-21A-47.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:04 - Application fee

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for a residential rental agent license is
				  $60.
General Authority:
SDCL
					 36-21A-49.
Law Implemented:
SDCL
					 36-21A-12.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:05 - Qualifications for license

Current through Register Vol. 51, page 10, July 15, 2024
A person may obtain a residential rental agent license
				  without education or examination upon approval of the application by the
				  commission and payment of the fee.
General Authority:
SDCL
					 36-21A-12.1,
					 36-21A-47.
Law Implemented:
SDCL
					 36-21A-12.1.
Reputation, age, competence, and citizenship required for
					 license -- Prior rejection or revocation of license, SDCL
					 36-21A-30; Denial of application,
					 SDCL 36-21A-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:06 - Supervision of residential rental agent

Current through Register Vol. 51, page 10, July 15, 2024
A person who holds a residential rental agent license must be
				  under the direct supervision of a property manager or a real estate broker
				  licensed by the commission.
General Authority:
SDCL
					 36-21A-12.1.
Law Implemented:
SDCL
					 36-21A-12.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:07 - Signing of leases by residential rental agent, if authorized

Current through Register Vol. 51, page 10, July 15, 2024
A residential rental agent may sign leases if authorized by
				  the broker or property manager with whom the residential rental agent is
				  associated. The lease shall also be endorsed by the responsible broker or
				  property manager of the residential rental agent.
General Authority:
SDCL
					 36-21A-12.1,
					 36-21A-47.
Law Implemented:
SDCL
					 36-21A-12.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:08 - Biennial renewal

Current through Register Vol. 51, page 10, July 15, 2024
The biennial renewal fee for a residential rental agent
				  license is $50.
General Authority:
SDCL
					 36-21A-12.1,
					 36-21A-61.
Law Implemented:
SDCL
					 36-21A-61.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:09 - Powers of commission in disciplinary matters

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall discipline a residential rental agent in
				  the same manner as it disciplines a licensed real estate broker or
				  salesperson.
General Authority:
SDCL
					 36-21A-12.1.
Law Implemented:
SDCL
					 36-21A-47.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:14.01 - Residential rental agents › Section 20:69:14.01:10 - Biennial proof by residential rental agent of continuing education

Current through Register Vol. 51, page 10, July 15, 2024
A residential rental agent shall provide to the commission
				  proof of participation in not less than 12 hours of approved continuing
				  education in the preceding two-year period. The 12 hours of continuing
				  education shall include study in the areas of property management, fair
				  housing, lease of real property, real estate contracts, or real estate license
				  law. Continuing education hours shall include both required subject areas under
				  §
									20:69:11:01.05 and elective
				  subject areas under §
									20:69:11:01.06.
General Authority:
SDCL
					 36-21A-12.1.
Law Implemented:
SDCL
					 36-21A-12.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this chapter, a "qualified insurance
				  carrier" is an insurance carrier which maintains an A.M. Best financial size
				  category of class VI or higher and is and will remain, for the policy term,
				  authorized by the South Dakota Division of Insurance to do business in this
				  state as an errors and omissions insurance carrier of the type contemplated by
				  this chapter.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-120.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:02 - Insurance required

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for issuance of a license on active status, a
				  licensee renewing a license, or an inactive licensee activating a license must
				  submit proof of insurance coverage through the group plan or through
				  certification of optional coverage.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-120.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:03 - Minimum standards

Current through Register Vol. 51, page 10, July 15, 2024
The group policy obtained by the commission shall cover all
				  activities contemplated by SDCL Chapter 36-21 A and shall provide, at a
				  minimum, the following terms and conditions:
(1) Not less than $100,000 single-limit
				liability coverage for each licensee per occurrence or claim made, not
				including costs for investigation or defense;
(2) An annual aggregate limit of not less
				than $500,000 per licensee;
(3) A
				deductible amount of not greater than one percent of the total single-limit
				liability coverage amount for each occurrence and a like deductible amount for
				defense and investigation;
(4)
				Coverage for the vicarious liability for current or previously employed or
				contracted individuals;
(5) An
				extended reporting provision of 90 days and an option to purchase an additional
				three years extended reporting provision for a premium not to exceed 200
				percent of the premium charged for the last year of the terminating
				coverage;
(6) Coverage under this
				section for covered acts in any state, United States territory, or Canada in
				which a covered individual, domiciled in South Dakota, holds a license;
				and
(7) Stacking of benefits.
The minimum coverage applies to each individual
				  licensee.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-121.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:04 - Exceptions to coverage

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in this section, coverage may not exclude
				  claims brought against the insured licensee arising out of an act or failure to
				  act by the licensee when performing a professional service for which a license
				  is required. Coverage may limit or exclude claims brought against a licensee
				  which arise as follows:
(1) Out of
				claims or suits made or brought by any insured person against any other insured
				person within the same firm or from compensation disputes between
				licensees;
(2) Out of loss assumed
				under contract or agreement, except for liability the insured would have had in
				the absence of such agreements;
(3)
				From any criminal, dishonest, fraudulent, or willful act or omission. This
				exclusion does not apply to any insured person who did not personally
				participate in committing such an act or omission and who, upon having
				knowledge of the act or omission, reported it;
(4) From unlawful discrimination committed by
				or for the insured person;
(5) From
				fines or penalties imposed by law;
(6) From failure to maintain any type or
				amount of insurance for managed property;
(7) From bodily injury, personal injury,
				advertising injury, or property damage;
(8) From management or sale of property in
				which the insured or spouse has more than a 10 percent financial or ownership
				interest. This exclusion does not apply for one year from the date a property
				is acquired under a guaranteed sale listing contract if the property is listed
				for sale during that entire period;
(9) From related business activities for
				which a license is not required under this chapter;
(10) From any violation of the Securities Act
				of 1933 as amended through July 1, 1993, or the Securities Exchange Act of 1934
				as amended through July 1, 1993, or any state blue sky or securities law or
				similar state or federal statutes;
(11) From involvement in any real estate
				investment contract or syndication as a partner, joint venturer, or
				underwriter;
(12) From hazardous
				materials, nuclear materials, or pollutants;
(13) From prior wrongful acts; or
(14) Standard exclusions.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-121.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:05 - Group policy approval requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any group policy to be issued must conform to the standards
				  and practices of the insurance industry and be approved by the South Dakota
				  Division of Insurance.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-120.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:06 - Optional coverage

Current through Register Vol. 51, page 10, July 15, 2024
An active licensee who chooses the option of obtaining errors
				  and omissions insurance independently from a provider other than the group
				  carrier under contract with the commission must show evidence of coverage by
				  providing certification of coverage on a form prescribed by the commission. The
				  form must show proof that the licensee has coverage in compliance with the
				  minimum standards established by § 20:69:15:06.01. The form must be signed
				  by an authorized representative of the insurance company, and shall contain a
				  cancellation notification clause as required by §
									20:69:15:09.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-120,
					 36-21A-122.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:06.01 - Standards for optional coverage

Current through Register Vol. 51, page 10, July 15, 2024
A provider issuing insurance coverage pursuant to SDCL
				  36-21A-122 must be an admitted
				  carrier in South Dakota or in the state in which the licensee being certified
				  resides. All activities contemplated under SDCL chapter 36-21 A must be
				  covered.
The insurance must provide, at a minimum, not less than
				  $100,000 single limit liability coverage for each licensee for each occurrence
				  or claim made, not including the cost of investigation or defense, and an
				  annual aggregate of $500,000 for each licensee, not including the cost of
				  investigation and defense. A responsible broker may comply with this
				  requirement by certifying coverages of a minimum of $500,000/$1,000,000, if all
				  licensees associated with the broker are covered.
A person who resides in and is licensed in a state that has a
				  mandated program of errors and omissions insurance and who is also licensed in
				  South Dakota meets the requirements for errors and omissions insurance in South
				  Dakota upon providing proof that the person meets the requirements of the
				  person's state of residence.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-121.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:07 - Time for filing of certification of optional coverage

Current through Register Vol. 51, page 10, July 15, 2024
Certification of optional coverage must be filed with the
				  commission by 5:00 p.m. on the date of expiration of coverage. If the
				  certification is not filed on time, the commission shall place the license on
				  inactive status on that date.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-122.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:08 - Nonpayment of premium

Current through Register Vol. 51, page 10, July 15, 2024
If a certifying insurance company which submitted
				  certification of optional coverage notifies the commission that a licensee has
				  not paid a premium, the commission shall place that licensee's license on
				  inactive status as of the date of termination of coverage.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-122.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:08.01 - Surrender of license for failure to provide proof of insurance

Current through Register Vol. 51, page 10, July 15, 2024
When a licensee receives notice of being placed on inactive
				  status for failure to provide proof of insurance, the licensee shall
				  immediately surrender the license and the licensee's identification card to the
				  commission.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-69.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:09 - Notification required for cancellation

Current through Register Vol. 51, page 10, July 15, 2024
If insurance under equivalent coverage is to be lapsed or
				  nonrenewed, the providing company must notify the Real Estate Commission of its
				  intent to lapse or nonrenew a minimum of 30 days before the expiration date of
				  the term.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-122.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:10 - Proof of insurance required to activate license

Current through Register Vol. 51, page 10, July 15, 2024
A licensee whose license has been placed on inactive status
				  for failure to provide proof of insurance may not conduct any activities for
				  which a license is required until proof of insurance has been provided to the
				  commission and the license has been activated. The license shall be considered
				  active as of the effective date of the insurance.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-119.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:15 - Errors and omissions insurance › Section 20:69:15:11 - Authenticity of coverage

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may not willfully or knowingly cause or allow a
				  certificate of coverage to be filed with the commission which is false,
				  fraudulent, or misleading.
General Authority:
SDCL
					 36-21A-119.
Law Implemented:
SDCL
					 36-21A-119.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:01 - Disclosure - Generally

Current through Register Vol. 51, page 10, July 15, 2024
Disclosures must be made on a form substantially the same as
				  the real estate relationships disclosure form prescribed by the commission. The
				  form shall contain the requirements imposed by SDCL
				  36-21A-147, the types of agency
				  and brokerage relationships the broker offers, acknowledgment that the consumer
				  has received the real estate consumer guide for the sale and purchase of
				  residential real property, and acknowledgment of any consumer not being
				  represented in the real estate transaction. However, a residential property
				  manager acting as an agent for an owner may include an agency relationship
				  disclosure in an application to lease or other document. The disclosure must be
				  in italics or bold print and must include one of the following statements: "I,
(name)
, a real estate licensee, am representing the
				  owner in this transaction. All agents of (name of company) represent the owner
				  in this and any other transaction."
A real estate licensee acting as an auctioneer may comply
				  with the disclosure requirements by including a statement on any printed
				  advertisement and making an announcement at the beginning of the auction. The
				  disclosure must state that the licensees are representing the seller or
				  sellers.
General Authority:
SDCL
					 36-21A-147.
Law Implemented:
SDCL
					 36-21A-147.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:03 - Appointed agent procedure

Current through Register Vol. 51, page 10, July 15, 2024
Prior to entering into a listing or agency agreement, a real
				  estate licensee shall notify a client in writing of the real estate brokerage's
				  appointed agent policy and those affiliated licensees within the real estate
				  brokerage that will act as appointed agents of that client to the exclusion of
				  all other affiliated licensees within the real estate brokerage.
A brokerage may not, without the written consent of the
				  client, appoint an affiliated licensee to act as an appointed agent in any
				  transaction involving a written exclusive single agency or limited agency
				  agreement that was in effect prior to the broker implementing the appointed
				  agent relationship.
If the client of an appointed agent demonstrates interest in
				  a property on which the responsible broker has an existing exclusive single
				  agent or limited agent brokerage agreement, the broker may not permit the use
				  of the appointed agent without first obtaining the written consent of that
				  seller or landlord to the appointed agent relationship. If the written consent
				  of the client to allow the appointed agent relationship is not given or cannot
				  be obtained, the broker shall refer the client of the appointed agent to
				  another broker for representation for the purpose of considering such
				  property.
General Authority:
SDCL
					 36-21A-141.1,
					 36-21A-147.
Law Implemented:
SDCL
					 36-21A-141.1,
					 36-21A-147.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:04 - Appointed agent disclosure

Current through Register Vol. 51, page 10, July 15, 2024
The appointed agent disclosure shall include, at a minimum,
				  the following provisions:
(1) The name
				of any appointed agent;
(2) A
				statement that the appointed agent will represent the client as the client's
				agent and will owe the client duties as set forth in SDCL
				36-21A-132 and
				36-21A-133;
(3) A statement that the brokerage may
				represent both the seller and the buyer in connection with the sale or purchase
				of real estate;
(4) A statement
				that another affiliated licensee may be appointed during the term of the agency
				agreement if the appointed agent is not able to fulfill the terms of the agency
				agreement or if the responsible broker and the client agree. An appointment of
				another affiliated licensee or an additional affiliated licensee does not
				relieve the first appointed agent of any duties owed to the client;
				and
(5) A provision for the client
				to consent or not consent in writing to the agreement.
General Authority:
SDCL
					 36-21A-141.1,
					 36-21A-147.
Law Implemented:
SDCL
					 36-21A-141.1,
					 36-21A-147.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:05 - Appointed agent responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
An appointed agent may disclose to the brokerage's
				  responsible broker or designated broker confidential information of a client
				  for the purpose of seeking advice or assistance for the benefit of the client
				  in regard to a possible transaction, or to comply with the broker's supervisory
				  duties. Confidential information shall be treated as such by the responsible
				  broker or designated broker and may not be disclosed unless otherwise required
				  by statute or rule or requested or permitted in writing by the client who
				  originally disclosed the confidential information.
If a responsible broker appoints an agent and the appointed
				  agent also acts in a supervisory capacity under the responsible broker, such as
				  a branch manager or sales manager, the appointed agent may be treated in the
				  same manner as the responsible broker for purposes of determining limited
				  agency only if the responsible broker authorizes and provides for such
				  supervisory positions in the written policy.
General Authority:
SDCL
					 36-21A-141.1.
Law Implemented:
SDCL
					 36-21A-141.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:06 - Designated broker

Current through Register Vol. 51, page 10, July 15, 2024
A responsible broker may authorize and appoint a designated
				  broker in a capacity to supervise and assist a licensee appointed to
				  exclusively represent a seller or landlord in a transaction. A responsible
				  broker may authorize and appoint a designated broker in a capacity to supervise
				  and assist a licensee appointed to exclusively represent a buyer or tenant in a
				  transaction. A designated broker authorized and appointed to supervise and
				  assist a licensee appointed to represent a seller or landlord, or buyer or
				  tenant, exclusively, has the same duties, obligations, and responsibilities as
				  the responsible broker. The use of an authorized appointed agent does not
				  relieve the responsible broker of duties, obligations, or responsibilities
				  required by any statute or rule.
General Authority:
SDCL
					 36-21A-141.1.
Law Implemented:
SDCL
					 36-21A-141.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:07 - Licensee's duty to responsible broker or designated broker

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall keep the brokerage's responsible broker or
				  designated broker fully informed of any activity conducted on behalf of the
				  brokerage and shall notify the responsible broker or designated broker of any
				  other activity that might impact the responsibility of the responsible broker
				  or designated broker.
General Authority:
SDCL
					 36-21A-141.1.
Law Implemented:
SDCL
					 36-21A-141.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:08 - Responsible broker or designated broker may appoint broker or broker associate to exclusively represent client

Current through Register Vol. 51, page 10, July 15, 2024
A responsible broker or designated broker may appoint a
				  broker or broker associate having an ownership interest in the same firm as the
				  responsible broker to act as an appointed agent to exclusively represent a
				  seller or landlord or a buyer or tenant.
General Authority:
SDCL
					 36-21A-141.1.
Law Implemented:
SDCL
					 36-21A-141.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:09 - Responsible broker or designated broker appointing team to exclusively represent client - Licensee within team representing both parties to same transaction

Current through Register Vol. 51, page 10, July 15, 2024
If a responsible broker or designated broker appoints a
				  licensee who performs real estate transactions within a team of licensees
				  associated with the same responsible broker, the responsible broker or
				  designated broker must appoint every licensee within the team to exclusively
				  represent the same client. If any licensee within the team represents both
				  parties to the same transaction, a limited agency relationship
				  exists.
General Authority:
SDCL
					 36-21A-141.1.
Law Implemented:
SDCL
					 36-21A-141.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:16 - Disclosure › Section 20:69:16:10 - Limited agency when appointed agent's client becomes interested in listing procured by responsible broker or designated broker

Current through Register Vol. 51, page 10, July 15, 2024
If a buyer or tenant represented by an agent of the
				  responsible broker becomes interested in a property listing that was procured
				  by the responsible broker or designated broker, the relationship between the
				  appointed agent and the buyer or tenant is deemed that of disclosed limited
				  agency.
General Authority:
SDCL
					 36-21A-141.1.
Law Implemented:
SDCL
					 36-21A-141.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:17 - Agreements › Section 20:69:17:01 - Agreements for brokerage services

Current through Register Vol. 51, page 10, July 15, 2024
Agreements to perform real estate brokerage services must be
				  on forms substantially the same as the forms prescribed by the commission. The
				  forms must comply with the requirements imposed by SDCL
				  36-21A-130 and this
				  section.
A real estate purchase agreement prepared by a licensee must
				  contain the names of the buyer and seller; an acknowledgment that earnest money
				  was received; the purchase price; any disclosure acknowledgments; any
				  contingencies regarding financing, sale of purchaser's property, and
				  inspections; and provisions for a survey, prorations, warranties, merchantable
				  title, closing, possession, handling of earnest money, mediation, length of
				  time for seller's acceptance, and seller's decision to accept, not accept, or
				  counter buyer's offer.
A real estate auction purchase agreement prepared by a
				  licensee must contain the names of the buyer and seller; the purchase price;
				  any disclosure acknowledgments; and provisions for handling earnest money,
				  prorations, merchantable title, closing, and possession.
A real estate commercial or agricultural purchase agreement
				  prepared by a licensee must contain the names of the buyer and seller; an
				  acknowledgment that earnest money was received; the purchase price; any
				  disclosure acknowledgments; any contingencies regarding financing and
				  inspections; and provisions for prorations, merchantable title, closing,
				  possession, handling of earnest money, length of time for seller's acceptance,
				  and seller's decision to accept, not accept, or counter buyer's
				  offer.
General Authority:
SDCL
					 36-21A-130.
Law Implemented:
SDCL
					 36-21A-130.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:69 - REAL ESTATE BROKERS AND SALESPERSONS › Chapter 20:69:18 - REAL ESTATE TEAMS › Section 20:69:18:01 - Team list required

Current through Register Vol. 51, page 10, July 15, 2024
A team leader shall provide a current list of all licensed
				  team members, and any changes to the list of licensed team members, to the
				  responsible broker within 72 hours of making the change. A current record of
				  all team leaders and team members shall be maintained by the responsible broker
				  in a manner that can be made readily available to the commission staff upon
				  request.
General Authority:
SDCL
					 36-21A-89(11).
Law Implemented:
SDCL
					 36-21A-89(11).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:70 - Respiratory care practitioners › Chapter 20:70:01 - Fees › Section 20:70:01:01 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
The initial fee for a license to practice respiratory care is
				  $75. The biennial fee for renewal of a license is $60. The fee for the late
				  renewal of a license is $95. The fee for a temporary permit is
				  $40.
General Authority:
SDCL
					 36-4C-14.
Law Implemented:
SDCL
					 36-4C-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:70 - Respiratory care practitioners › Chapter 20:70:02 - Continuing education › Section 20:70:02:01 - Continuing education

Current through Register Vol. 51, page 10, July 15, 2024
As a condition of license renewal, respiratory care
				  practitioners must complete at least 20 credit hours of continuing education
				  biennially from a program sponsored by the American Association for Respiratory
				  Care or an inservice program conducted by a hospital or related institution
				  licensed pursuant to SDCL chapter 34-12. The program must be related to the
				  practice of respiratory care and designed to enhance the knowledge and skills
				  of the practitioner.
General Authority:
SDCL
					 36-4C-14.
Law Implemented:
SDCL
					 36-4C-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:70 - Respiratory care practitioners › Chapter 20:70:03 - ETHICS › Section 20:70:03:01 - Ethics

Current through Register Vol. 51, page 10, July 15, 2024
A licensee under SDCL 36-4C shall comply with the following
				  code of ethics.
* Demonstrate behavior that reflects integrity, supports
				  objectivity, and fosters trust in the profession and its professionals.
* Seek educational opportunities to improve and maintain
				  their professional competence and document their participation
				  accurately.
* Perform only those procedures or functions in which they
				  are individually competent and which are within their scope of accepted and
				  responsible practice.
* Respect and protect the legal and personal rights of
				  patients, including the right to privacy, informed consent and refusal of
				  treatment.
* Divulge no protected information regarding any patient or
				  family unless disclosure is required for the responsible performance of duty
				  authorized by the patient and/or family, or required by law.
* Provide care without discrimination on any basis, with
				  respect for the rights and dignity of all individuals.
* Promote disease prevention and wellness.
* Refuse to participate in illegal or unethical acts.
* Refuse to conceal, and will report, the illegal,
				  unethical, fraudulent, or incompetent acts of others.
* Follow sound scientific procedures and ethical principles
				  in research.
* Comply with state or federal laws which govern and relate
				  to their practice.
* Avoid any form of conduct that is fraudulent or creates a
				  conflict of interest, and shall follow the principles of ethical business
				  behavior.
* Promote health care delivery through improvement of the
				  access, efficacy, and cost of patient care.
* Encourage and promote appropriate stewardship of
				  resources.
General Authority:
SDCL
					 36-4C-14
Law Implemented:
SDCL
					 36-4C-18;
					 36-4C-15
Reference
: Statement of Ethics and
					 Professional Conduct of the American Association for Respiratory Care, 2012.
					 Copies may be obtained from
					 http://c.aarc.org/resources/position_statements/documents/AARCStatementofEthicsandProfessionalConduct.pdf
					 [File Link Not Available].
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:70 - Respiratory care practitioners › Chapter 20:70:03 - ETHICS › Section 20:70:03:02 - Violations

Current through Register Vol. 51, page 10, July 15, 2024
A violation of any of the ethical standards and conduct is
				  considered unprofessional conduct as defined by SDCL
				  36-4C-15.
General Authority:
SDCL
					 36-4C-14
Law Implemented:
SDCL
					 36-4C-18;
					 36-4C-15
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:70 - Respiratory care practitioners › Chapter 20:70:03 - ETHICS › Section 20:70:03:03 - Ethical considerations

Current through Register Vol. 51, page 10, July 15, 2024
The board may utilize the annotations and opinions included
				  in the Statement of Ethics and Professional Conduct of the American Association
				  for Respiratory Care as guidance in determining whether a licensee has violated
				  professional ethical standards and conduct.
General Authority:
SDCL
					 36-4C-14
Law Implemented:
SDCL
					 36-4C-18;
					 36-4C-15
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:71 - MARRIAGE AND FAMILY THERAPISTS › Chapter 20:71:01 - General provisions › Section 20:71:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL chapter 36-33 have the same meaning
				  when used in this article.
General Authority:
SDCL
					 36-33-34.
Law Implemented:
SDCL
					 36-33-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:71 - MARRIAGE AND FAMILY THERAPISTS › Chapter 20:71:02 - Licensing requirements › Section 20:71:02:01 - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
An application for a license, temporary license, renewal of
				  license, inactive license, or reactivated license must be made in writing on a
				  form prescribed by the board. The applicable application fee and license fee
				  must be submitted with the application. The application fee is non-refundable.
				  The licensee fee is refundable if the application is withdrawn or
				  denied.
An applicant shall verify under the penalties of perjury that
				  all the information submitted on an application is true and correct. An
				  applicant who submits an application electronically agrees the submission of
				  the application serves as the applicants signature and verification of the
				  information on the application. The applicant may be required to clarify,
				  expand or provide additional information.
An application is not complete until the required
				  documentation and fees are received by the board. The board may return an
				  application that remains incomplete one year after the initial submission of
				  the application. Materials received by the board from a third party may not be
				  returned to the applicant. A returned application shall be considered
				  withdrawn.
General Authority:
SDCL
					 36-33-71.
Law Implemented:
SDCL
					 36-33-43,
					 36-33-45,
					 36-33-46,
					 36-33-50,
					 36-33-52,
					 36-33-53,
					 36-33-66.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:71 - MARRIAGE AND FAMILY THERAPISTS › Chapter 20:71:02 - Licensing requirements › Section 20:71:02:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-33-9.
Law Implemented:
SDCL
					 36-33-3,
					 36-33-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:71 - MARRIAGE AND FAMILY THERAPISTS › Chapter 20:71:02 - Licensing requirements › Section 20:71:02:03 - Licensure by reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
The applicant for licensure by reciprocity must hold an
				  active license and be in good standing with the state's board that issued the
				  current license. Applications may be secured from the board. Completed
				  applications shall be accompanied by the fee required by §
									20:71:04:02.
General Authority:
SDCL
					 36-33-18.
Law Implemented:
SDCL
					 36-33-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:71 - MARRIAGE AND FAMILY THERAPISTS › Chapter 20:71:02 - Licensing requirements › Section 20:71:02:04 - Application denial

Current through Register Vol. 51, page 10, July 15, 2024
An application may be denied for failure to meet the
				  applicable licensure requirements or based on the grounds outlined in SDCL
				  36-33-61. The board shall inform
				  the applicant, in writing, of its reasons for denial. An applicant whose
				  application is denied is entitled to a hearing pursuant to SDCL chapter
				  1-26.
General Authority:
SDCL
					 36-33-71.
Law Implemented:
SDCL
					 36-33-43,
					 36-33-45,
					 36-33-46, 36-33- 50,
					 36-33-52,
					 36-33-53,
					 36-33-66.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:71 - MARRIAGE AND FAMILY THERAPISTS › Chapter 20:71:02 - Licensing requirements › Section 20:71:02:05 - Application for post graduate plan of supervision

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a post graduate plan of supervision shall
				  submit to the board:
(1) A completed
				application and the application fee;
(2) Official educational transcript from an
				accredited marriage and family therapy program recognized by the board
				demonstrating a masters or doctoral degree in counseling consisting of at least
				48 credit hours;
(3) Verification
				of the license number and status of the license from the applicable licensing
				board in each state where the applicant has been licensed to practice
				counseling, if applicable;
(4) The
				name and contact information of the applicants proposed supervisor;
(5) A statement of any criminal record, if
				applicable;
(6) A statement of any
				previous discipline, including denial, reprimand, revocation, or suspension of
				a previously held license; and
(7)
				A recent photograph.
A post graduate plan of supervision must be approved by the
				  board prior to the applicant acquiring the supervision experience necessary to
				  meet the licensure requirements of SDCL
				  36-33-43.
An application for a post graduate plan of supervision is
				  required for each proposed supervisor. The application fee is waived for
				  additional proposed supervisor applications submitted under this
				  section.
A board approved post graduate plan of supervision is valid
				  for two years from the date of issuance. An approved post graduate plan of
				  supervision may be renewed one time.
An application to renew a post graduate plan of supervision
				  shall be submitted at least 30 days before the expiration of the approved post
				  graduate plan of supervision.
The board may grant an extension of an approved post graduate
				  plan of supervision, is a request is in writing to the board by the supervisee,
				  upon a showing of extenuating circumstances or undue hardship. A request for an
				  extension must be made prior to the expiration of the approved post graduate
				  plan of supervision
General Authority:
SDCL
					 36-33-43,
					 36-33-71.
Law Implemented:
SDCL
					 36-33-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:71 - MARRIAGE AND FAMILY THERAPISTS › Chapter 20:71:02 - Licensing requirements › Section 20:71:02:06 - Application for licensed marriage and family therapists

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a license to practice as a marriage and
				  family therapist shall submit to the board:
(1) A completed application;
(2) The applicable license fee;
(3) Official educational transcript from an
				accredited counseling program recognized by the board demonstrating a masters
				or doctoral degree in marriage and family therapy consisting of at least 48
				credit hours;
(4) Official
				verification of a passing score on the National Examination in Marital and
				Family Therapy administered by the Association of Marital and Family Therapy
				Regulatory Boards;
(5)
				Documentation of 1,700 hours of board approved supervision, as prescribed in
				this article, obtained subsequent to the granting of the applicants masters or
				doctoral degree;
(6) Verification
				of the license number and status of the license from the applicable licensing
				board in each state where the applicant has been licensed to practice
				counseling, if applicable;
(7) A
				statement of criminal record, if applicable;
(8) A statement of any previous discipline,
				including denial, reprimand, revocation, or suspension of a previously held
				license; and
(9) A recent
				photograph.
General Authority:
SDCL
					 36-33-43,
					 36-33-71.
Law Implemented:
SDCL
					 36-33-43.