reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:07 - Peer review › Section 20:75:07:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-20B-12(9)(10)(11).
Law Implemented:
SDCL  36-20B-36.
Discretion to waive certain requirements, §
											20:75:01:07.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:07 - Peer review › Section 20:75:07:15 - Board's review of reports

Current through Register Vol. 51, page 10, July 15, 2024
After receipt of documentation from the reviewer and the firm under review, the board shall review the file and proceed with §
									20:75:07:17  or 20:75:07:18. If the board determines that the firm under review does not comply with §§
									20:75:05:05  and 20:75:05:06, the board may require the reviewer to recall and reissue the report.
If the board determines that the reviewer has not issued the report or findings for further consideration in accordance with §§
									20:75:07:09  to 20:75:07:12. inclusive, and § 20:75:07:15, the board shall return the report or the findings for further consideration, or both, to the reviewer for correction. The board may deny an individual the right to continue as a qualified reviewer if a subsequent report and any findings for further consideration are issued containing the errors the reviewer was previously notified to correct or the board may proceed in accordance with SDCL  36-20B-40 and  36-20B-41.
The reviewer must destroy all work papers upon notification from the board of acceptance of the review.
General Authority:
SDCL  36-20B-12(2)(9).
Law Implemented:
SDCL  36-20B-36.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:07 - Peer review › Section 20:75:07:16 - Confidentiality of reports

Current through Register Vol. 51, page 10, July 15, 2024
The board shall treat the reports of the reviewing firm and all records submitted to that firm by the firm subject to review as confidential information and shall not disclose such information to any persons other than staff members, legal counsel, and other persons retained by the board to assist it in fulfilling its responsibilities under SDCL chapter 36-20 B and this article.
If a firm under review becomes the subject of a disciplinary proceeding pursuant to the provisions of SDCL  36-20B-40 and  36-20B-41, the board may make such information public in accordance with the provisions of those statutes.
General Authority:
SDCL  36-20B-12(2).
Law Implemented:
SDCL  36-20B-36,  36-20B-40,  36-20B-41.
Confidential client information, §
											20:75:05:09.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:07 - Peer review › Section 20:75:07:17 - Procedure in case of pass with deficiency or fail report

Current through Register Vol. 51, page 10, July 15, 2024
If the report is designated pass with deficiency or fail, the board may request additional information or a response from the firm under review or from the reviewer to support or clarify the pass with deficiency or fail report and may attempt to have the firm subject to review correct the deficiencies through a consent agreement. The consent agreement must set forth a plan and schedule for correction of the deficiencies. The consent agreement may include the following:
(1) A requirement that the deficiencies be corrected within a specified time;
(2) A requirement that the firm undergo a peer review during the calendar year following the date designated for correction of the deficiencies;
(3) A requirement that the members of the firm complete continuing education in the areas of deficiency in addition to the continuing education hours required by SDCL  36-20B-27;
(4) A requirement that the firm maintain a minimum library of source materials; and
(5) Any other requirements that will effectuate the purpose of this chapter and SDCL chapter 36-20 B.
If the board and the firm are not able to reach a consent agreement in regard to a plan and schedule for correction of the deficiencies, the board may proceed in accordance with SDCL  36-20B-40 and  36-20B-41.
General Authority:
SDCL  36-20B-12(9).
Law Implemented:
SDCL  36-20B-36,  36-20B-40,  36-20B-41.
Results of review Exit conference, §
											20:75:07:10.
Report Findings for further consideration, §
											20:75:07:11.
Response to findings for further consideration, §
											20:75:07:12.
Board's review of reports, §
											20:75:07:15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:75 - CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS › Chapter 20:75:07 - Peer review › Section 20:75:07:18 - Procedure in case of pass report

Current through Register Vol. 51, page 10, July 15, 2024
If the report is designated pass, the board may take no further action or it may request additional information or a response from the firm under review or from the reviewer with regard to the pass report. If the firm fails to respond in the manner requested by the board, the board may proceed in accordance with the provisions of SDCL  36-20B-40 and  36-20B-41.
General Authority:
SDCL  36-20B-12(9).
Law Implemented:
SDCL  36-20B-36,  36-20B-40,  36-20B-41.
Results of review Exit conference, §
											20:75:07:10.
Report Findings for further consideration, §
											20:75:07:11.
Response to findings for further consideration, §
											20:75:07:12.
Board's review of reports, §
											20:75:07:15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:01 - Applications › Section 20:76:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL chapter 36-35 have the same meaning when used in this article. In addition, terms used in this article mean:
General Authority:
SDCL  36-35-24(1).
Law Implemented:
SDCL  36-35-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:01 - Applications › Section 20:76:01:02 - Application

Current through Register Vol. 51, page 10, July 15, 2024
An application for licensure, temporary permit, or renewal of a license must be made in writing on a form prescribed by the board. The applicable application fee must be submitted with the application. The application fee is non-refundable. The applicable license fee must also accompany the application. The license fee is refundable if the application is denied or withdrawn.
An application is not complete until all required documentation is received by the board. The executive secretary may return an application for initial licensure or temporary permit that remains uncomplete one year after the date of 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.
An applicant shall verify under the penalties of perjury that all the information submitted on an application by the applicant is true and correct. An applicant who submits an application by use of the internet agrees that submission of the application serves as the applicant's signature and verification of the information of the application. An applicant must notify the board if another state has disciplined the applicant with a reprimand, censure, suspension, temporary suspension, probation, revocation, or refusal to renew a license. The applicant may be required to clarify, expand, or provide additional information to fully evaluate all qualifications. If the applicant does not meet the requirements for licensure, a temporary permit, or renewal of a license, the executive secretary shall write a letter of explanation. The applicant may return the application and ask that it be submitted for board action.
General Authority:
SDCL  36-35-24(1).
Law Implemented:
SDCL  36-35-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:01 - Applications › Section 20:76:01:03 - Notification

Current through Register Vol. 51, page 10, July 15, 2024
The board shall take final action upon any application no later than six months after submission of a completed application to the board. The board shall notify the applicant of its determination in writing. If the application is denied, the board shall notify the applicant of the reason for denial.
General Authority:
SDCL  36-35-24(1).
Law Implemented:
SDCL  36-35-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:01 - Applications › Section 20:76:01:04 - Denial

Current through Register Vol. 51, page 10, July 15, 2024
An application for initial licensure, temporary permit or renewal of a license may be denied for failure to meet the applicable requirements of such license or permit or based on the grounds stated in SDCL  36-35-13. An applicant whose application has been denied is entitled to a hearing pursuant to SDCL chapter 1-26.
General Authority:
SDCL  36-35-24(1).
Law Implemented:
SDCL  36-35-12,  36-35-13
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:01 - Applications › Section 20:76:01:06 - Required training

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a massage therapist shall provide proof of required training on a form prescribed by the board and completed by the recognized facility were the training was received, Official transcripts evidencing that the applicant has completed the required training shall be provided by the recognized facility. The board may consider other evidence of training if the recognized facility has ceased operations. The required training for licensure shall include:
(1) One hundred twenty-five hours of training in the body's systems and anatomy, physiology, and kinesiology;
(2) Two hundred hours of training in massage and bodywork assessment, theory, and application;
(3) Forty hours of training in pathology;
(4) Ten hours total of training in business and ethics, with a minimum of six hours in ethics; and
(5) One hundred twenty-five hours of additional training in an area or related field that theoretically completes a massage program of study.
Fifty minutes of supervised classroom instruction is equal to one hour of training.
The board may approve an application from an applicant with required training from a combination of two or more recognized facilities. Online training is acceptable to meet the training requirements for licensure. At least 200 hours of hands-on training from a recognized facility must be completed.
The board may recognize qualifying continuing education to fulfill required training for licensure.
General Authority:
SDCL  36-35-12(4),  36-35-24(2).
Law Implemented:
SDCL  36-35-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:02 - Fees › Section 20:76:02:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-35-17,  36-35-24.
Law Implemented:
SDCL  36-35-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:02 - Fees › Section 20:76:02:02 - License fee schedule

Current through Register Vol. 51, page 10, July 15, 2024
The license fee schedule is as follows:
(1) Temporary permit fee, $50;
(2) Annual license renewal fee, $65;
(3) Inactive license fee, $25;
(4) Application fee, $100.
General Authority:
SDCL  36-35-17,  36-35-18.1,  36-35-24(3).
Law Implemented:
SDCL  36-35-17,  36-35-18.1,  36-35-24(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:03 - Continuing education requirements › Section 20:76:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Contact hour," a minimum of 50 minutes of presentation or participation;
(2) "Continuing education cycle," a two year period that begins on October 1 of an even-numbered year and ends on September 30 of the next even-numbered year;
(3) "Electronic means," educational activities obtained via the internet, such as self-study courses and audio/video tapes, with formal testing and passing scores recorded.
General Authority:
SDCL  36-35-24(2).
Law Implemented:
SDCL  36-35-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:03 - Continuing education requirements › Section 20:76:03:03 - Verification

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall complete eight hours of qualifying continuing education in each continuing education cycle. Continuing education required for renewal of a license shall be prorated in six month increments for a licensee granted an initial license during a continuing education cycle. Upon application for license renewal, a licensee shall verify under the penalties of perjury that all continuing education information provided with the application is true and correct. The licensee must supply sufficient detail to permit audit verification if notified by the board of an audit.
General Authority:
SDCL  36-35-24(2).
Law Implemented:
SDCL  36-35-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:03 - Continuing education requirements › Section 20:76:03:04 - Qualifying activities

Current through Register Vol. 51, page 10, July 15, 2024
Qualifying continuing education is any course with a clear purpose and objective which maintains, improves, or expands the skills and knowledge relevant to massage therapy of the human body. Qualifying continuing education must meet the definition of massage therapy pursuant to §36-35-1(3). College courses used to meet continuing education requirements must not replicate courses submitted by the licensee to meet the required licensing coursework. An academic semester credit equals 15 continuing education hours and a quarter credit equals 10 continuing education hours.
Cardiopulmonary resuscitation (CPR) certification from the American Heart Association or the American Red Cross is qualifying continuing education for up to four hours in each continuing education cycle. In person attendance of a board meeting is qualifying continuing education for up to two hours in each continuing education cycle. No other qualifying continuing education may be repeated in consecutive continuing education cycles.
General Authority:
SDCL  36-35-24(2).
Law Implemented:
SDCL  36-35-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:03 - Continuing education requirements › Section 20:76:03:05 - Record keeping

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall maintain records to support continuing education claimed to renew a license. These records must be maintained for two five years after the date of renewal of the license. A licensee shall keep the following records:
(1) A brochure or flyer showing the type of activity, sponsoring organization, location, duration, instructor's or speaker's name, and continuing education hours earned; and
(2) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance.
General Authority:
SDCL  36-35-24(2).
Law Implemented:
SDCL  36-35-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:03 - Continuing education requirements › Section 20:76:03:07 - Continuing education compliance

Current through Register Vol. 51, page 10, July 15, 2024
The board may take into consideration hardship or extenuating circumstances in allowing a licensee to correct deficiencies, in continuing education, but the deadline may not be extended more than one year. Requests for an extension to correct deficiencies in continuing education must be made to the board, in writing, before the end of the current continuing education cycle.
General Authority:
SDCL  36-35-24(2).
Law Implemented:
SDCL  36-35-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:03 - Continuing education requirements › Section 20:76:03:08 - Prior approval of qualifying activities

Current through Register Vol. 51, page 10, July 15, 2024
The board will accept continuing education that meets the definition of massage pursuant to $ 36-35-1(3), if presented by:
(1) An approved provider of the National Certification Board for Therapeutic Massage and Bodywork;
(2) An approved provider of the American Medical Massage Association; or
(3) A facility recognized by the board pursuant to 20:76:08:01 or 20:76:08:02.
An organization or presenter other than those listed above may apply for preapproval of a continuing education program. Such application shall be made on a form prescribed by the board. If the proposed continuing education program meets the requirements of 20:76:03:04, the board may issue the organization or presenter an approval number which shall be included on any certificates of completion issued by the organization or presenter. An approved organization or presenter shall provide the board with a list of attendees of an approved program within 30 days of the approved program.
General Authority:
SDCL  36-35-24(2).
Law Implemented:
SDCL  36-35-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:01 - Complaints

Current through Register Vol. 51, page 10, July 15, 2024
Any person, including a board member or the executive secretary, claiming that a holder of a license, or an applicant for licensure under SDCL chapter 36-35, has engaged in or is engaged in conduct constituting grounds for disciplinary action as enumerated in SDCL chapter 36-35 may file a written complaint with the board. The board may require the complaining party to file a complaint verified on oath stating the name of the applicant or licensee against whom the complaint is made and setting out full details of the conduct which is alleged to be a violation. Failure to file a written complaint, verified under oath, in the form satisfactory to the board, is a basis to dismiss the complaint. On receipt of a complaint deemed to be in proper form by the board or the executive secretary, the complaint shall be served by mail upon the applicant or licensee complained against and upon any other affected parties, together with a copy of SDCL chapters 36-35 and 1-26.
The applicant or licensee complained against shall respond to the complaint within 20 calendar days after service of the complaint on the applicant or licensee. The response of the applicant or licensee shall be sent to the executive secretary of the board at the board's office. Upon receipt of the response of the applicant or licensee, or upon expiration of the time for the applicant or licensee complained against to respond, the president of the board, considering only the complaint and any response, shall appoint one member of the board who, along with the executive secretary and such other individuals as may be appointed by the president of the board, to act as an investigative committee to determine if the complaint has merit and constitutes grounds for disciplinary action, or is frivolous and should be dismissed. Licensees must notify the board within 30 days if another state has disciplined them with a reprimand, censure, suspension, temporary suspension, probation, revocation, or refusal to renew a license.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:02 - Complaint procedure

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of the investigation, the investigating committee shall recommend to the board whether the charges should be dismissed for lack of merit or whether based upon the investigation of the committee there is sufficient basis to proceed with either a formal or an informal hearing or other disposition. The failure of a licensee to comply with the investigation request administered by the board may result in disciplinary action. The board may also petition the court of the county in which the individual licensee resides, and the court may enter an order compelling the compliance or imposing such terms and conditions as the court may deem necessary.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:03 - Informal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
If the board considers an alleged violation to have merit constituting grounds for disciplinary action, the board, at its sole discretion, with the consent of the licensee, may proceed with informal proceedings and stay formal proceedings pending the outcome of the informal proceedings. The board may conduct informal proceedings with the affected parties to resolve the matter without a formal hearing.
Informal proceedings do not preclude the board from reinstating formal proceedings. An applicant or licensee, prior to accepting a final disposition through an informal proceeding, can reject or decline informal proceedings and elect to proceed with a formal hearing. An applicant or licensee consenting to an informal proceeding waives all rights to disqualify a board member from participating in a subsequent formal hearing by reason of the board member's participation in the informal proceeding consented to by the applicant or licensee.
The board may accept an assurance of voluntary compliance or a consent order regarding a violation of SDCL chapter 36-35. The assurance or consent order shall be in writing and is subject to the approval of the board. The assurance or consent order may include a statement that the applicant or licensee will not engage in such act or practice in the future and one of the following:
(1) Stipulation for voluntary payment of any fine or cost, or both, of the investigation; and
(2) Stipulation for the voluntary payment necessary to restore to any person money or property which may have been acquired by the alleged violator.
The assurance of voluntary compliance may not be considered an admission to a violation for any purpose. The consent of the licensee to a consent order in informal proceedings constitutes an admission of a violation for any purpose. Proof of the failure to comply with an assurance of voluntary compliance or a consent order entitles the board to institute or reinstitute formal proceedings.
The board shall notify in writing any complaining party, the applicant or licensee complained against, and any other affected parties of the results of the informal proceedings and the action taken, if any. The final disposition of an informal proceeding is a public record.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:04 - Formal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
If an alleged violation has merit constituting grounds for disciplinary action, the board may commence formal proceedings. Formal proceedings shall be instituted by a formal board complaint and service of a notice of hearing by mail upon the applicant or licensee complained against.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:05 - Contents of a formal board complaint

Current through Register Vol. 51, page 10, July 15, 2024
The formal board complaint shall include the name of the applicant or licensee complained against, and a statement setting forth the nature of the violations being charged that constitute grounds for disciplinary action.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:07 - Disqualification

Current through Register Vol. 51, page 10, July 15, 2024
If an alleged violation against a licensee is filed by a board member, or if a board member participates in the investigation of a violation by the licensee, that board member is disqualified from sitting at the hearing as a board member and from participating in the decision rendered by the board.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:08 - Procedure for formal hearing

Current through Register Vol. 51, page 10, July 15, 2024
The following procedure shall be used by the board in conducting formal hearings:
(1) The board shall provide written notice to the applicant or licensee by mail stating the time, place, and date of the formal hearing. The notice shall require the attendance of the applicant or licensee at the hearing. The notice shall be given at least ten days prior to the formal hearing;
(2) A transcript shall be kept of all formal hearings and proceedings;
(3) The board president may conduct the formal proceeding or the board may have a hearing examiner conduct the proceedings in part or in full;
(4) The applicant or licensee appearing before the board at a formal hearing shall appear in person, unless otherwise waived by the board. The applicant or licensee, and legal counsel, may be present during the giving of all evidence, may have reasonable opportunity to inspect all documentary evidence, may examine and cross-examine witnesses, may prevent evidence in support of the party's interest, and may have subpoenas issued to compel attendance of witnesses and production of evidence on the party's behalf.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:09 - Final action by board

Current through Register Vol. 51, page 10, July 15, 2024
After a formal hearing, the board may decide to dismiss the formal complaint, revoke the registration license of the licensee, suspend the registration license of the licensee, place the licensee on probation, or issue a letter of reprimand to be placed in the file of the applicant or licensee. The board's decision shall be made and entered with notice of the decision given in accordance with the provisions of SDCL  1-26-23 to  1-26-25, inclusive.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:04 - Disciplinary proceedings › Section 20:76:04:10 - Petition for hearing by an aggrieved person

Current through Register Vol. 51, page 10, July 15, 2024
In a contested case, as it is defined in SDCL  1-26-1(2), including disciplinary proceedings, a person aggrieved by an action of the board taken without a hearing may, within 30 days following the date of the board action, petition the board for a hearing. The hearing shall be held not later than 60 days following receipt of the petition. Twenty (20) days before the date set by the board for hearing, the board shall serve by mail upon the petitioner and other interested or affected parties a copy of the notice of hearing and a copy of the aggrieved person's petition.
General Authority:
SDCL  36-35-24(4).
Law Implemented:
SDCL  36-35-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:05 - Malpractice or professional liability insurance › Section 20:76:05:01 - Minimum limits

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall carry malpractice or professional liability insurance, with a company with a certificate of authority from the South Dakota Division of Insurance, with limits of no less than $250,000 per occurrence. A licensee shall notify the board of any change of carrier occurring after a license or renewal is granted.
An applicant shall submit the declarations page issued by the applicant's malpractice insurance carrier with any application for licensure, temporary permit or license renewal.
General Authority:
SDCL  36-35-21.
Law Implemented:
SDCL  36-35-12,  36-35-21.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:05 - Malpractice or professional liability insurance › Section 20:76:05:02 - Recordkeeping

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall maintain records to verify compliance with malpractice insurance requirements. These records must prove the minimum coverage was in effect during the period the licensee held a license. These records must be maintained for at least five years after the date of the issuance of an initial license or renewal of a license.
General Authority:
SDCL  36-35-21.
Law Implemented:
SDCL  36-35-12. 36-35-21.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:06 - Inactive license › Section 20:76:06:01 - Inactive license

Current through Register Vol. 51, page 10, July 15, 2024
An active license may be placed on inactive status upon submission of an application and payment of the required fee. An inactive license has no expiration date and can be activated by paying the current license fee and providing proof of at least eight hours of compliant continuing education in the two-year period immediately preceding the activation request.
General Authority:
SDCL  36-35-18.1,  36-35-24(3).
Law Implemented:
SDCL  36-35-18.1,  36-35-24(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:07 - Examinations › Section 20:76:07:01 - Examination

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure shall provide official evidence of passing an examination provided by one of the following organizations:
(1) National Certification Board for Therapeutic Massage and Bodywork;
(2) American Medical Massage Association; or
(3) Federation of State Massage Therapy Boards.
General Authority:
SDCL  36-35-12(7).
Law Implemented:
SDCL  36-35-12(7).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:08 - Licensing › Section 20:76:08:01 - Recognized facilities

Current through Register Vol. 51, page 10, July 15, 2024
The board may license an applicant who has completed the training required by §
									20:76:01:06  from the following South Dakota facilities:
(1) Black Hills Health & Education Center;
(2) Headlines Academy;
(3) National American University;
(4) Pam's Massage School;
(5) SD South Dakota School of Massage Therapy;
(6) Sioux Falls Therapeutic Massage & Education Center; and
(7) Springs Bath House School of Massage.
General Authority:
SDCL  36-35-12,  36-35-24(2).
Law Implemented:
SDCL  36-35-12(3),  36-35-24(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:08 - Licensing › Section 20:76:08:02 - Facilities that may be recognized by the board

Current through Register Vol. 51, page 10, July 15, 2024
The board may accept an applicant's training required by §
									20:76:01:06  from a facility not recognized pursuant to §
									20:76:08:01  if the facility provides official evidence it meets at least one of the following criteria:
(1) The facility is licensed or approved by the state board of massage therapy where that training facility is located or
(2) The facility is accredited by an accrediting body recognized by the United States Department of Education.
The training that allows an applicant to take a national examination does not require the board to recognize the facility,
General Authority:
SDCL  36-35-12,  36-35-24.
Law Implemented:
SDCL  36-35-12(3),  36-35-24(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:76 - MASSAGE THERAPY › Chapter 20:76:08 - Licensing › Section 20:76:08:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-35-12,  36-35-24.
Law Implemented:
SDCL  36-35-12,  36-35-24.
International Educational Research Foundations, Inc - Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231-3665, (310) 258-9451,
www.ierf.org
.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:01 - General provisions › Section 20:77:01:01 - Appraisal management services

Current through Register Vol. 51, page 10, July 15, 2024
"Appraisal management services," is the act or process to (a) recruit, select, and retain appraisers; (b) contract with licensed or certified appraisers to perform appraisal assignments; and (c) manage the process of having an appraisal performed.
Appraisal management services includes administrative duties such as receiving appraisal orders and appraisal reports; submitting completed appraisal reports to creditors and underwriters; collecting fees from creditors and underwriters for services provided; and reimbursing appraisers for services performed. It also includes the review and verification of the work of appraisers for compliance with the Uniform Standards of Professional Appraisal Practice.
General Authority:
SDCL  36-21D-4.
Law Implemented:
SDCL  36-21D-1,  36-21D-2,  36-21D-4(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:01 - General provisions › Section 20:77:01:02 - Appraisal review

Current through Register Vol. 51, page 10, July 15, 2024
"Appraisal review," is an act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment related to the appraiser's data collection, analysis, opinions, conclusions, estimate of value, or compliance with the Uniform Standards of Professional Appraisal Practice. The term does not include a general examination for grammatical, typographical or other similar errors, or a general examination for completeness including regulatory, or client requirements or both as specified in the agreement process that does not communicate an opinion.
General Authority:
SDCL  36-21D-4.
Law Implemented:
SDCL  36-21D-2(4),  36-21D-4(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:01 - General provisions › Section 20:77:01:03 - Controlling person

Current through Register Vol. 51, page 10, July 15, 2024
A "controlling person," is one or more of the following:
(1) An officer or director of an appraisal management company, or an individual that holds 10% or greater ownership interest in an appraisal management company;
(2) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with clients for performance of appraisal services and that has the authority to enter into agreements with independent appraisers for the completion of appraisals; or
(3) An individual who possesses the power to direct or cause the direction of the management or policies of an appraisal management company.
General Authority:
SDCL  36-21D-4.
Law Implemented:
SDCL  36-21D-4(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:01 - General provisions › Section 20:77:01:04 - Designated officer

Current through Register Vol. 51, page 10, July 15, 2024
A "designated officer," is a controlling person authorized by the governing structure of the appraisal management company to act on behalf of the company for purposes of application for, and compliance with, requirements of this article and responsible for the supervision and control of activities conducted on behalf of the appraisal management company.
General Authority:
SDCL  36-21D-4.
Law Implemented:
SDCL  36-21D-4(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:01 - General provisions › Section 20:77:01:05 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "AMC National Registry," the registry of state-registered appraisal management companies and federally regulated appraisal management companies maintained by the Appraisal Subcommittee;
(2) "Appraisal Subcommittee," the Appraisal Subcommittee of the Federal Financial Institutions Examination Council;
(3) "Appraiser," a person who has been issued by the Department of Labor and Regulation department a state-certified general, state-certified residential, state-licensed, or state-registered or registered trainee appraiser credential to perform appraisals;
(4) "Appraiser panel," a network, list, or roster of licensed or certified appraisers approved by an appraisal management company to perform appraisals as independent contractors for the appraisal management company. Appraisers on an appraisal management company's appraiser panel under this article include the following:
(a) Appraisers accepted by the appraisal management company for consideration for future appraisal assignments in covered transactions and for secondary mortgage market participants in connection with covered transactions; and
(b) Appraisers engaged by the appraisal management company to perform one or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this article if considered an independent contractor by the appraisal management company for federal income tax purposes
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:02 - Administration › Section 20:77:02:01 - Roster of appraisal management companies

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall maintain a roster of appraisal management companies registered under the provisions of this article. The secretary shall transmit the roster to the Appraisal Subcommittee as required by FIRREA.
General Authority:
SDCL  36-21D-4(9).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(9).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:02 - Administration › Section 20:77:02:02 - Notice of change of address

Current through Register Vol. 51, page 10, July 15, 2024
Each appraisal management company registered under the provisions of this article shall, within five days, give written notice of any change of physical and mailing address, change of company name, telephone number, website, facsimile, or email address to the secretary.
General Authority:
SDCL  36-21D-4(9).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(9).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:02 - Administration › Section 20:77:02:03 - Notice of change of designated officer

Current through Register Vol. 51, page 10, July 15, 2024
Each appraisal management company registered under the provisions of this article shall, within five days, give written notice of change of designated officer of the appraisal management company to the secretary.
General Authority:
SDCL  36-21D-4(9).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(9).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:02 - Administration › Section 20:77:02:04 - Notice of change of controlling person

Current through Register Vol. 51, page 10, July 15, 2024
Each appraisal management company registered under the provisions of this article shall, within five days, give written notice of change of controlling person of the appraisal management company to the secretary.
General Authority:
SDCL  36-21D-4(9).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(9).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:03 - Application procedure › Section 20:77:03:01 - Application for registration

Current through Register Vol. 51, page 10, July 15, 2024
An appraisal management company desiring to provide appraisal management services in South Dakota shall apply in writing for a certificate of registration on a form approved by the secretary. An application is valid for 90 days. The secretary may extend the time for an application upon the written request of the applicant or to allow the applicant reasonable time to comply with the department's request for information or records. The registration fee prescribed in §
									20:77:04:01  must contain the following:
(1) Legal name and any trade or business name of the appraisal management company;
(2) Business contact information;
(3) Name and contact information of the designated officer and all other controlling persons;
(4) Name and contact information for any owner who has had an appraiser license or certificate refused, denied, cancelled, surrendered in lieu of revocation, revoked in any state for substantive cause;
(5) Name and contact information for any person who owns more than ten percent of the appraisal management company;
(6) A signed irrevocable Uniform Consent to Service of Process;
(7) Name and contact information of each individual authorized by the appraisal management company to contract with clients or independent appraisers for performance of appraisals; and
(8) A sworn declaration signed by the applicant.
Contact information includes, but is not limited to: mailing and physical address, telephone and facsimile number, email, and website address.
General Authority:
SDCL  36-21D-4(1)(4).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(1)(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:03 - Application procedure › Section 20:77:03:02 - Uniform consent to service of process

Current through Register Vol. 51, page 10, July 15, 2024
An appraisal management company applying for registration under this article shall complete an irrevocable Uniform Consent to Service of Process on a form approved by the secretary.
General Authority:
SDCL  36-21D-4(1)(4).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(1)(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:03 - Application procedure › Section 20:77:03:03 - Term of registration

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall issue a certificate of registration to an applicant who qualifies in accordance with this article. Any registration issued under this article expires on December 31 of each year, unless otherwise revoked or suspended during said term.
General Authority:
SDCL  36-21D-4(1)(4).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(1)(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:03 - Application procedure › Section 20:77:03:04 - Registration renewal

Current through Register Vol. 51, page 10, July 15, 2024
To renew any current valid certificate of registration the holder of the registration must file an application on a form approved by the secretary and pay the renewal fee prescribed in §
									20:77:04:02  to the secretary by November 15 of each year.
General Authority:
SDCL  36-21D-4(1)(4)(5).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(1)(4)(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:03 - Application procedure › Section 20:77:03:05 - Late renewal

Current through Register Vol. 51, page 10, July 15, 2024
If renewal of a certificate of registration is not accomplished within the period prescribed in §
									20:77:03:04, the applicant may renew the certificate at any time prior to three months after its date of expiration by satisfying all of the requirements for renewal, including paying the renewal fee prescribed in §
									20:77:04:02, and paying the applicable late renewal fee prescribed in §
									20:77:04:03.
General Authority:
SDCL  36-21D-4(1)(4)(5).
Law Implemented:
SDCL  36-21D-1,  36-21D-4(1)(4)(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:03 - Application procedure › Section 20:77:03:06 - Change of ownership - new application

Current through Register Vol. 51, page 10, July 15, 2024
If a registered appraisal management company changes ownership, it shall apply in writing for a certificate of registration as a new appraisal management company under this article and shall complete an irrevocable Uniform Consent to Service of Process on a form approved by the secretary.
General Authority:
SDCL  36-21D-4(1)(4)
Law Implemented:
SDCL  36-21D-1,  36-21D-4(1)(4)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:04 - Fee schedule › Section 20:77:04:01 - Registration fees

Current through Register Vol. 51, page 10, July 15, 2024
The registration fee is $1,000.
General Authority:
SDCL  36-21D-5.
Law Implemented:
SDCL  36-21D-5(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:04 - Fee schedule › Section 20:77:04:02 - Renewal fees

Current through Register Vol. 51, page 10, July 15, 2024
The renewal fee is $750.
General Authority:
SDCL  36-21D-5.
Law Implemented:
SDCL  36-21D-5(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:04 - Fee schedule › Section 20:77:04:03 - Late renewal fees

Current through Register Vol. 51, page 10, July 15, 2024
The late renewal fee is $50 for each month or fraction of a month that has passed since the first day of January, not to exceed $150.
General Authority:
SDCL  36-21D-5.
Law Implemented:
SDCL  36-21D-5(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:77 - APPRAISERS › Chapter 20:77:04 - Fee schedule › Section 20:77:04:04 - Refund of fees

Current through Register Vol. 51, page 10, July 15, 2024
Each fee is nonrefundable.
General Authority:
SDCL  36-21D-5.
Law Implemented:
SDCL  36-21D-5.