reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:31 - Experience requirements › Section 20:38:31:01 - Experience required

Current through Register Vol. 51, page 10, July 15, 2024
Experience is required in accordance with the provisions of
				  this chapter. Experience credit may be granted for part-time and full-time
				  work, but overtime will not be considered. The board may require as evidence of
				  experience, exhibits of plans, specifications, and other technical submissions
				  in the preparation of which the applicant participated, together with a
				  statement from the licensed professional in responsible charge of the work
				  attesting to the extent of the applicant's involvement. For land surveying
				  applicants, experience prior to completion of education shall be in accordance
				  with §
									20:38:31:04. For other applicants,
				  experience prior to completion of education may be granted experience credit at
				  the rate of one-half year for each full year of experience, not to exceed one
				  year total experience credit. Of this, no more than six months may be credited
				  to any student for work experience gained during the summer breaks. Work
				  experience under the direct supervision of a design professional licensed in a
				  foreign country shall be evaluated by the board. Work experience credit gained
				  in the armed services must be of a character equivalent to that which would
				  have been gained in the civilian sector doing similar work, such as service in
				  an architectural, engineering, or engineering-related group.
For an applicant with a degree from a foreign education
				  program, experience must include a minimum of two years of qualifying
				  experience gained in the United States. An applicant must be proficient in
				  English.
General Authority:
SDCL
					 36-18A-22(3).
Law Implemented:
SDCL
					 36-18A-25 to
					 36-18A-32,
					 inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:31 - Experience requirements › Section 20:38:31:02 - Architecture

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as an Architect shall have
				  completed the NCARB Architectural Experience Program (AXP).
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-27.
Law Implemented:
SDCL
					 36-18A-1(3),
					 36-18A-2,
					 36-18A-27,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:31 - Experience requirements › Section 20:38:31:03 - Engineering

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Professional Engineer shall
				  meet the following experience requirement:
(1) Three years of experience for an
				applicant meeting the education requirement described in subdivision
				20:38:30:02(1) and who has also obtained a master or doctoral level engineering
				degree;
(2) Four years of
				experience for an applicant meeting the education requirement described in
				subdivision 20:38:30:02(1); or
(3)
				Five years of experience for an applicant meeting the education requirement
				described in subdivisions 20:38:30:02(2),(3),(4), or (5)
To qualify, experience must be completed under the direct
				  supervision of a licensed professional engineer who is actively engaged in the
				  practice of engineering. Experience must consist of employment or services that
				  require the application of special knowledge of the mathematical, physical, and
				  engineering sciences including the preparation and interpretation of
				  engineering data.
Experience may include engineering supervision of
				  construction, where the health, safety, or welfare of the public is involved
				  but not the primary responsibility of the applicant. Such experience is
				  acceptable whether the person who bore the responsibility for the work involved
				  was the applicant or the applicant's supervisor in responsible charge.
Experience shall be reviewed by the board for conclusive
				  evidence that the applicant has the ability to design and apply scientific
				  principles independently and that the applicant's judgment may be
				  trusted.
Experience of an intermittent engineering nature, such as
				  sales-engineering assignments, combined engineering and miscellaneous office
				  duties, or engineering assignments in which a large portion of the work is
				  operational or maintenance, the board shall allow credit in the same proportion
				  that the work which requires the application of engineering sciences and skills
				  bears to the whole.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-25,
					 36-18A-26.
Law Implemented:
SDCL
					 36-18A-1(12),
					 36-18A-3,
					 36-18A-25,
					 36-18A-26,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:31 - Experience requirements › Section 20:38:31:04 - Land surveying

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Land Surveyor shall meet the
				  following experience requirement:
(1)
				Four years of experience, of which a minimum of two years shall be after
				earning the degree and a minimum of two years shall be after enrollment as a
				land surveying intern in accordance with §
									20:38:32:04, for an applicant
				meeting the education requirement described in subdivision 20:38:30:03(1) or
				(2); or
(2) Seven years of
				experience, of which a minimum of three years shall be after earning the degree
				and a minimum of two years shall be after enrollment as a land surveying intern
				in accordance with §
									20:38:32:04, for an applicant
				meeting the education requirement described in subdivision 20:38:30:03(3).
To qualify, land surveying experience must be completed under
				  the direct supervision of a licensed professional land surveyor who is actively
				  engaged in the practice of land surveying. Experience must consist of
				  employment or services that require the application of special knowledge and
				  technical skills acquired in the practice of land surveying as follows:
(1) Correct determination and description of
				lands for conveyance or encumbrance;
(2) Establishment or reestablishment of land
				boundaries;
(3) Platting of lands
				in subdivisions;
(4) Surveyed
				acquisition of data relative to the shape of the earth's surface and fixed
				objects thereon and therein for the purpose of presenting mapped information;
				and
(5) Surveys necessary to plan
				for the alteration of the earth's surface or to create fixed works thereon.
Intermittent experience of a land surveying nature shall be
				  credited in the same proportion that the work of a land surveying nature bears
				  to the total experience period. Surveying experience normally identified with
				  engineering projects, including design surveys for highways or bridges (except
				  those that relate to right-of-way surveys), construction staking, curb and
				  gutters, and sanitary sewers may be considered as part of the land surveying
				  experience up to one-third of the minimum total required experience, since such
				  experience can be considered basic to the development of the land
				  surveyor.
Experience teaching land surveying courses in programs as
				  described in §
										20:38:30:03 may be granted
				  experience credit up to a maximum of one year.
Land surveying interns (LSIT or LSI) who have completed all
				  of the requirements and who apply for licensure as a land surveyor prior to
				  December 31, 2022, may request that their application be reviewed on the basis
				  of the experience and education requirements which existed on January 1,
				  2011.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-28,
					 36-18A-29.
Law Implemented:
SDCL
					 36-18A-4,
					 36-18A-28,
					 36-18A-29,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:31 - Experience requirements › Section 20:38:31:05 - Landscape architecture

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Landscape Architect is
				  required to have experience as determined by CLARB. The applicant's CLARB
				  council record shall be provided to the board of evaluation and
				  acceptance.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-30.
Law Implemented:
SDCL
					 36-18A-5,
					 36-18A-30,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:31 - Experience requirements › Section 20:38:31:06 - Petroleum release assessment

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Petroleum Release Assessor
				  shall meet the following experience requirement:
(1) One year experience for an applicant
				meeting the education requirement described in subdivision 20:38:30:05(1);
				or
(2) Five years experience for an
				applicant meeting the education requirement described in subdivision
				20:38:30:05(2).
To qualify, experience must be gained under the direct
				  supervision of a licensed professional and be related to site assessments,
				  remedial investigations, and corrective actions necessary to remediate water or
				  soil contaminated with petroleum.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-31.
Law Implemented:
SDCL
					 36-18A-7,
					 36-18A-31,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:31 - Experience requirements › Section 20:38:31:07 - Petroleum release remediation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Petroleum Release Remediator
				  shall meet the following experience requirement:
(1) Two years experience for an applicant
				meeting the education requirement described in subdivision 20:38:30:06(1);
				or
(2) Three years experience for
				an applicant meeting the education requirement described in subdivision
				20:38:30:06(2).
To qualify, experience must be gained under the direct
				  supervision of a licensed professional and be related to site assessments,
				  remedial investigations, and corrective actions necessary to remediate water or
				  soil contaminated with petroleum.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-31.
Law Implemented:
SDCL
					 36-18A-7,
					 36-18A-31,
					 36-18A-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:32 - Examination requirements › Section 20:38:32:01 - Examination required

Current through Register Vol. 51, page 10, July 15, 2024
Examination is required in accordance with the provisions of
				  this chapter.
All applicants for admission to examination shall pay the
				  required fee to the appropriate organization or vendor prior to admission to
				  the examination.
Examination vendors may be used to administer examinations.
				  Policies and procedures of the examination vendor shall be followed in
				  accordance with the vendor's agreement with the board. Examination results will
				  be reported as either pass or fail, will be treated as confidential and will be
				  transmitted only by U.S. mail to the examinee at the examinee's last known
				  address.
Cheating or other violation of examination security
				  provisions will result in automatic failure of the examination. No person may
				  review any portion of any examination.
All applicants shall pass a take-home examination on South
				  Dakota licensure laws prior to licensure.
An examinee seeking an accommodation for a disability shall
				  make a request of the examination vendor with sufficient notice to enable
				  arrangements for the accommodation.
General Authority:
SDCL
					 36-18A-22(3).
Law Implemented:
SDCL
					 36-18A-25 to
					 36-18A-31, inclusive,
					 36-18A-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:32 - Examination requirements › Section 20:38:32:02 - Architecture

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as an Architect shall pass the
				  Architectural Registration Examination (ARE), which is prepared and scored by
				  the NCARB.
An applicant may apply to NCARB for admission to the
				  examination upon satisfaction of the architecture education requirement.
An applicant who fails all or part of the examination may
				  retake the examination as follows: . A passing grade for any division of the
				  examination is valid for five years, after which time the division must be
				  retaken if the remaining divisions have not been passed. The five year period
				  begins on the date when the first passed division is administered. If an
				  applicant fails to pass all divisions within five years, then the first passed
				  division shall be retaken and the five year period begins on the date when the
				  next oldest passed division is administered.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-27
Law Implemented:
SDCL
					 36-18A-1(3),
					 36-18A-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:32 - Examination requirements › Section 20:38:32:03 - Engineering

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Professional Engineer shall
				  pass the Fundamentals of Engineering (FE) examination and the Principles and
				  Practice of Engineering (PE) examination, which are prepared and scored by
				  NCEES.
An applicant who has satisfied the engineering education
				  requirement or who is a senior within two semesters of graduating from an ABET
				  accredited engineering program approved by the board may apply for admission to
				  the FE examination. The applicant must have a transcript or senior status
				  verification sent directly from the school to the board office as evidence of
				  applicant's status. An applicant who passes the FE examination shall be
				  enrolled as an engineer-in-training (EIT) or an engineering intern (EI).
				  Passage of the FE examination does not authorize any person to practice as a
				  professional engineer or to imply that such a professional title is
				  held.
An applicant who has passed the FE examination and has
				  satisfied the engineering education and experience requirements may apply for
				  admission to the PE examination.
An applicant who fails the FE or PE examination may retake
				  the examination two times. If the applicant fails the examination three times,
				  the applicant may submit only one new application for admission to the
				  examination per calendar year thereafter. The board may review an applicant who
				  has failed the examination three times and may require additional qualifying
				  education or experience.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-25.
Law Implemented:
SDCL
					 36-18A-1(3),
					 36-18A-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:32 - Examination requirements › Section 20:38:32:04 - Land surveying

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a land surveyor shall pass the
				  Fundamentals of Land Surveying (FS) examination, the Principles and Practice of
				  Land Surveying (PS) examination and an open book, take-home examination of
				  South Dakota land surveying practice and laws.
Current students and graduates of the educational programs
				  described in §
									20:38:30:03 that have either
				  successfully completed, or are currently enrolled in, a minimum total of 18
				  semester credit hours of surveying courses within, or in addition to, their
				  program of study may apply for the FS examination. An applicant who passes the
				  examination shall be enrolled as a land surveyor-in-training (LSIT) or land
				  surveying intern (LSI). Passage of the examination does not authorize any
				  person to practice as a land surveyor or to imply that such a professional
				  title is held.
Applicants who have completed all of the requirements and who
				  apply for the FS examination prior to December 31, 2015, may request that their
				  application be reviewed on the basis of the education and experience
				  requirements which existed on January 1, 2011.
An applicant who has passed the FS examination and has
				  satisfied the land surveying education and experience requirements may apply
				  for admission to the PS examination.
The South Dakota portion of the examination is an open book,
				  take-home examination. There is a four-hour version for applicants who have
				  passed 12 hours of the NCEES examinations; a two-hour version for applicants
				  who have passed 14 hours of the NCEES examinations; and a one-hour version for
				  applicants who have passed 15 hours of the NCEES examinations. Each applicant
				  shall complete and return the applicable version of the take-home examination
				  to the board's office within 30 calendar days after the date of mailing of the
				  examination to the applicant.
An applicant who fails the FS or PS examination may retake
				  the examination two times. If the applicant fails the examination three times,
				  the applicant may submit only one new application for admission to the
				  examination per calendar year thereafter. The board may review an applicant who
				  has failed the examination three times and may require additional qualifying
				  education or experience.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-28.
Law Implemented:
SDCL
					 36-18A-1(16),
					 36-18A-28.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:32 - Examination requirements › Section 20:38:32:05 - Landscape architecture

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a Landscape Architect shall
				  pass the Landscape Architectural Registration Examination (LARE), which is
				  prepared and scored by CLARB.
An applicant may apply to CLARB for admission to the
				  examination upon satisfaction of the landscape architecture education and
				  experience requirements.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-30.
Law Implemented:
SDCL
					 36-18A-30.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:32 - Examination requirements › Section 20:38:32:06 - Petroleum release assessment or remediation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure as a petroleum release assessor or
				  remediator shall pass the petroleum release examination, which is prepared and
				  scored by the board. The examination is an open book, take-home examination
				  over South Dakota procedures and rules pertaining to petroleum releases. A list
				  of the procedures and rules and where they may be found is provided to each
				  applicant with the examination. Each applicant shall complete and return the
				  examination to the board's office within 30 calendar days after the date of
				  mailing of the examination to the applicant.
An applicant may apply for admission to the examination upon
				  satisfaction of the Petroleum Release education and experience
				  requirements.
An applicant who fails the petroleum release examination may
				  retake the examination two times. If an applicant fails the examination three
				  times, the applicant may submit only one new application for admission to the
				  examination per calendar year thereafter. The board may review an applicant who
				  fails the examination three times and may require additional qualifying
				  education or experience.
General Authority:
SDCL
					 36-18A-22(3),
					 36-18A-31.
Law Implemented:
SDCL
					 36-18A-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:01 - Fee payments

Current through Register Vol. 51, page 10, July 15, 2024
Fees and penalties must be paid in full and are
				  non-refundable.
General Authority:
SDCL
					 36-18A-22(2).
Law Implemented:
SDCL
					 36-18A-22(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:02 - Application fees

Current through Register Vol. 51, page 10, July 15, 2024
Application fees are as follows:
(1) Application for licensure,
				$100;
(2) Application for admission
				to examination, $100;
(3)
				Application for business entity licensure, $100;
(4) Application for testing and licensure as
				a petroleum release assessor and remediator, $150;
(5) Application for upgrade from petroleum
				release assessor to remediator within one year, $25;
(6) Application for FS examination by an
				applicant who has met the education requirements to be eligible to take this
				examination, no fee; and
(7)
				Application for FE exam by an applicant who is enrolled as a senior or is a
				graduate of an ABET engineering degree program or equivalent, no fee.
General Authority:
SDCL
					 36-18A-22(2).
Law Implemented:
SDCL
					 36-18A-33,
					 36-18A-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:03 - Examination fees

Current through Register Vol. 51, page 10, July 15, 2024
Certain examination fees are set by the examination vendor
				  and are to be paid by the applicant directly to the vendor, as follows:
(1) NCEES for engineering and land surveying
				  examinations;
(2) NCARB for architecture examinations; and
(3) CLARB for landscape architectural examinations.
The fee to retake the open book, take-home examination of
				  South Dakota land surveying practice and laws shall be paid to the board
				  pursuant to the following fee schedule:
(1) 4 hour version of the take home exam, $60;
(2) 2 hour version of the take home exam, $30; and
(3) 1 hour version of the take home exam, $20
The fee to retake the open book, take-home examination for
				  petroleum release assessor or remediator shall be paid to the board in the
				  amount of $60.
General Authority:
SDCL
					 36-18A-22(2),
					 36-18A-34.
Law Implemented:
SDCL
					 36-18A-33,
					 36-18A-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:04 - Renewal fees

Current through Register Vol. 51, page 10, July 15, 2024
Renewal fees are as follows:
(1) Individual license, active status, $80
				biennially;
(2) Individual license,
				inactive status, $40 biennially;
(3) Individual license, retired status, $10
				biennially; and
(4) Business entity
				license, $80 biennially.
General Authority:
SDCL
					 36-18A-22(2),
					 36-18A-39,
					 36-18A-42,
					 36-18A-50.
Law Implemented:
SDCL
					 36-18A-39,
					 36-18A-42,
					 36-18A-50,
					 36-18A-52.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:05 - Late renewal penalty

Current through Register Vol. 51, page 10, July 15, 2024
Late renewal penalties are as follows:
(1) Individual license, $100; and
(2) Business entity license, $100.
General Authority:
SDCL
					 36-18A-22(2).
Law Implemented:
SDCL
					 36-18A-42,
					 36-18A-52.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:06 - Reactivation fee

Current through Register Vol. 51, page 10, July 15, 2024
Reactivation of individual license from inactive status,
				  $80.
General Authority:
SDCL
					 36-18A-22(2),
					 36-18A-42.
Law Implemented:
SDCL
					 36-18A-42.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:07 - Reinstatement fees

Current through Register Vol. 51, page 10, July 15, 2024
The fees for reinstatement within three years after the date
				  of expiration are as follows:
(1)
				Individual license, $180; and
(2)
				Business entity, $180.
General Authority:
SDCL
					 36-18A-22(2),
					 36-18A-42.
Law Implemented:
SDCL
					 36-18A-42.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:08 - Duplicate certificate fees

Current through Register Vol. 51, page 10, July 15, 2024
Duplicate certificate fees are as follows:
(1) Intern, $5;
(2) Licensee, $15; and
(3) Business entity, $15.
General Authority:
SDCL
					 36-18A-37.
Law Implemented:
SDCL
					 36-18A-37.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:09 - Returned check fee

Current through Register Vol. 51, page 10, July 15, 2024
An applicant who submits a check that is returned by a
				  financial institution due to insufficient funds shall pay a returned check fee
				  of $30.
General Authority:
SDCL
					 36-18A-22(2).
Law Implemented:
SDCL
					 36-18A-22(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:33 - Fees and penalties › Section 20:38:33:10 - Roster fee

Current through Register Vol. 51, page 10, July 15, 2024
The fee for a list of current interns, individual licensees,
				  or business entity licensees is $25 each.
General Authority:
SDCL
					 36-18A-22(2).
Law Implemented:
SDCL
					 36-18A-22(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:34 - Comity licensure requirements › Section 20:38:34:01 - Comity licensure application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant licensed in another state or foreign country
				  must be fully licensed by the board before offering to practice or practicing
				  professional services within the state of South Dakota. An applicant for
				  licensure through comity must comply with all application requirements set out
				  in chapter 20:38:29.
The executive director shall request verification of
				  licensure from the registration board in the state where the applicant passed a
				  written examination. If licensure is not current in that state and examination
				  verification cannot be obtained, the applicant shall provide evidence of
				  continuous licensure in another state. If the applicant is licensed in the
				  applicant's state of residence, the executive director shall request
				  verification from that state board.
A verified professional record from NCARB for architects,
				  CLARB for landscape architects, or NCEES for engineers and land surveyors may
				  be considered by the board as evidence of meeting comity requirements and may
				  expedite comity licensure.
General Authority:
SDCL
					 36-18A-22(1).
Law Implemented:
SDCL
					 36-18A-22(1),
					 36-18A-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:34 - Comity licensure requirements › Section 20:38:34:02 - Education requirement

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure through comity shall meet the
				  necessary education requirement as described in SDCL
				  36-18A-35.
General Authority:
SDCL
					 36-18A-22(3).
Law Implemented:
SDCL
					 36-18A-25 to
					 36-18A-30, inclusive,
					 36-18A-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:34 - Comity licensure requirements › Section 20:38:34:03 - Experience requirement

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure through comity shall meet the
				  necessary experience requirement as described in SDCL
				  36-18A-35.
An applicant for licensure through comity may receive credit
				  for non-mentored experience if the applicant has been licensed in another
				  jurisdiction for at least ten years and is currently in good standing with no
				  pending investigations.
General Authority:
SDCL
					 36-18A-22(3).
Law Implemented:
SDCL
					 36-18A-25 to
					 36-18A-30, inclusive,
					 36-18A-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:34 - Comity licensure requirements › Section 20:38:34:04 - Examination requirement

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure through comity shall meet the
				  necessary examination requirement as described in SDCL
				  36-18A-35. In addition, an
				  applicant for licensure through comity shall take and pass a take-home
				  examination on South Dakota licensure laws prior to licensure.
An applicant for licensure through comity in land surveying
				  shall pass the appropriate version of the open book, take-home examination of
				  South Dakota land surveying practice and laws, depending upon the number of
				  hours of NCEES examinations completed by the applicant, as described in §
									20:38:32:04.
General Authority:
SDCL
					 36-18A-22(3).
Law Implemented:
SDCL
					 36-18A-1(16),
					 36-18A-28,
					 36-18A-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:34 - Comity licensure requirements › Section 20:38:34:05 - Application fees

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for licensure through comity shall pay the
				  necessary application fee as set out in §
									20:38:33:02.
General Authority:
SDCL
					 36-18A-22(2),
					 36-18A-35.
Law Implemented:
SDCL
					 36-18A-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:01 - Continuing professional development required for license renewal

Current through Register Vol. 51, page 10, July 15, 2024
Unless exempted, all individual licensees are required to
				  obtain a minimum of 30 Professional Development Hours (PDH) during the biennium
				  preceding license renewal. PDH credit must be obtained in a qualifying
				  professional development activity, including courses or activities with clear
				  purposes and objective which maintain, improve, or expand the licensee's skills
				  and knowledge relevant to the licensee's field of practice.
Of the required 30 PDH, a minimum of 20 PDH must be in
				  technical subjects that lead to further professional development in the
				  licensee's field of practice. Technical subjects include design; environmental
				  analysis; programming and planning; structural systems; lateral forces;
				  mechanical, electrical, plumbing, and acoustical systems; construction methods;
				  construction observation; site and soils analyses and design; accessibility;
				  building codes; selection of building materials; and land survey.
Of the required 30 PDH, a maximum of 10 PDH may be in
				  professional management subjects such as total quality management, professional
				  business practice, or ethics.
If the 30 PDH minimum is exceeded in any biennium, up to 15
				  hours in excess of the 30 minimum hours may be carried forward and credited
				  toward the requirement for the next biennium.
Licensees submitting a renewal application must include a
				  copy of the PDH log required by section 20:38:35:07(1). The licensee certifies,
				  under penalty of perjury, that all information submitted by the licensee in the
				  application, including continuing professional development information, is true
				  and correct.
If notified by the board of an audit, a licensee must supply
				  sufficient additional information to permit verification that the continuing
				  professional development requirement has been met.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-39,
					 36-18A-40.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:02 - Alternative continuing professional development option for architects

Current through Register Vol. 51, page 10, July 15, 2024
As an alternative to the requirements of §
									20:38:35:01, a licensed architect
				  may meet the continued professional development requirement for renewal by
				  obtaining 12 Continuing Education Hours (CEH) per calendar year. CEH shall be
				  in health, safety, and welfare subjects acquired in structured educational
				  activities.
For the purposes of this section, CEH is 50 to 60 minutes of
				  continuous instructional contact in structured educational activities intended
				  to increase or update the licensee's knowledge and competence in health,
				  safety, and welfare subjects.
For purposes of this section, a structured educational
				  activity is one in which 75 percent of the activity's content and instructional
				  time is devoted to health, safety, and welfare subjects related to the practice
				  of architecture. The activity shall be provided by a qualified individual or
				  organization and can be delivered by direct contact or distance learning
				  methods.
For purposes of this section, health, safety, and welfare
				  subjects are those that the board deems appropriate to safeguard the public in
				  the following areas of practice:
(1)
				Building systems: communications, electrical, fire protection, mechanical,
				plumbing, security, and structural;
(2) Construction contract administration:
				bidding, contract negotiations, and contracts;
(3) Construction documents: delivery methods,
				drawings, and specifications;
(4)
				Design: building design, interiors, master planning, safety and security
				measures, site design, and urban planning;
(5) Environmental: energy efficiency,
				hazardous materials, insulations, natural hazards, natural resources,
				sustainability, and weatherproofing;
(6) Legal: accessibility, codes, ethics,
				insurance to protect owners and public, laws, life safety, regulations,
				standards, and zoning;
(7)
				Materials and methods: construction systems, equipment, finishes, furnishings,
				and products;
(8) Pre-design: land
				use analysis, programming, site and soils analysis, site selection, and
				surveying; and
(9) Preservation:
				adaptation, historic, and reuse.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-39.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:03 - PDH sources

Current through Register Vol. 51, page 10, July 15, 2024
PDH sources are as follows:
(1) College courses, completed with passing
				grades;
(2) Continuing education
				courses, completed with passing grades;
(3) Correspondence, televised, videotaped,
				audiotaped, Internet, and other short courses or tutorials if such activities
				include testing completed with verifiable passing scores;
(4) Qualifying professional or technical
				seminars, in-house courses, or workshops;
(5) Presenting, teaching, or instructing in
				the qualifying activities listed in subdivision (1) to (4), inclusive, of this
				section;
(6) Writing of published
				papers, articles, or books;
(7)
				Active participation in professional or technical societies;
(8) Patents; and
(9) Self-study activities, including Internet
				courses, books, or articles, or video/audio tapes, if such activities include
				testing or examination with formal, recorded passing scores.
Teaching credit is valid for teaching a course or seminar for
				  the first time only. Teaching credit does not apply to part-time or full-time
				  faculty.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-39.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:04 - Multiple licenses

Current through Register Vol. 51, page 10, July 15, 2024
A person licensed in more than one profession regulated by
				  the board must obtain a combined total of 30 PDH biennially, at least one-third
				  of which must be obtained in each profession.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-39.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:05 - Reactivation

Current through Register Vol. 51, page 10, July 15, 2024
A former licensee seeking reactivation of an expired license
				  within three years of expiration must obtain a minimum of all delinquent PDH
				  for the inactive years up to a maximum of 30 PDH. A former multiple licensee
				  must obtain a minimum of 30 PDH, at least ten of which must be obtained in each
				  profession. For reinstatement purposes, the expiration date of licensure for
				  additional professions shall be the same expiration date as that for the first
				  profession. A person maintaining inactive status and seeking reactivation must
				  earn 15 PDH for each year exempted before returning to active practice, up to a
				  maximum of 30 PDH.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-42.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:06 - PDH credit

Current through Register Vol. 51, page 10, July 15, 2024
The board is the final authority for approval of PDH credit.
				  The board may not pre-approve courses or providers for PDH credit. PDH credit
				  is determined as follows:
(1) One
				college semester hour, 45 PDH;
(2)
				One college quarter hour, 30 PDH;
(3) One continuing education unit (CEU), 10
				PDH;
(4) Program time of
				professional development course work or seminars as follows:
Program Time
PDH Credit
0 to 29 minutes
no credit
30 to 49 minutes
0.5 PDH
50 to 79 minutes
1.0 PDH
80 to 109 minutes
1.5 PDH
Greater than 109 minutes
Actual time rounded to the nearest half
								hour;
(5)
				One hour of presenting, teaching, or instructing, 2 PDH;
(6) Each published paper, article, or book,
				10 PDH;
(7) Active participation in
				each professional organization or technical society, 2 PDH per organization per
				biennial renewal period, maximum 6 PDH per biennial renewal period;
				and
(8) Each patent, 10
				PDH.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-22(4),
					 36-18A-39.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:07 - Record keeping

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall maintain records to support PDH credits
				  claimed. Records sufficient for audit purposes must be maintained for a minimum
				  of three years after the date of renewal. A licensee shall keep the following
				  records:
(1) A log showing the date of
				the activity, type of activity claimed, sponsoring organization, location,
				duration, instructor's or speaker's name, and PDH credits claimed;
				and
(2) Attendance verification
				records in the form of completion certificates or other documents supporting
				evidence of attendance;
Records as maintained by the following professional record
				  repositories may be provided in lieu of the above documents: the American
				  Institute of Architects (AIA), the Professional Development Registry for
				  Engineers and Surveyors (PDRES), the Council of Landscape Architectural
				  Registration Boards (CLARB), the National Council of Examiners for Engineering
				  and Surveying.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-22(4),
					 36-18A-39.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:08 - Exemptions

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may be temporarily exempted from the continuing
				  professional development requirements as follows:
(1) A licensee serving on temporary active
				duty in the armed forces of the United States for more than 120 consecutive
				days in the biennium prior to renewal is exempt from the continuing
				professional development requirement for that biennium. Supporting
				documentation must be furnished to the board;
(2) A licensee experiencing physical
				disability, illness, or other extenuating circumstances in the last six months
				of the biennium prior to renewal may be exempt from the professional
				development requirement for that biennium. Supporting documentation must be
				furnished to the board;
(3) A
				licensee maintaining inactive or retired status, subject to the provisions of
				this chapter.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-39,
					 36-18A-40.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:09 - Audits

Current through Register Vol. 51, page 10, July 15, 2024
The executive director shall select a random sample of
				  license renewals to audit for compliance. Each licensee selected for audit
				  shall submit a PDH log of the PDH claimed for the biennium preceding license
				  renewal along with detailed information and documentation for the PDH credit
				  claimed. The board may also audit based on complaints or charges against a
				  licensee. Audit submissions must be organized in the same manner as the PDH
				  log. Failure to submit the required documentation within 30 days of an audit
				  notification or other request for information may result in disciplinary
				  action. Falsification of documentation is grounds for disciplinary
				  action.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-39.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:10 - Compliance

Current through Register Vol. 51, page 10, July 15, 2024
If an audit indicates a failure to comply with the
				  professional development requirements, the licensee will have 30 calendar days
				  after receipt of written notice to further reinforce the claim of PDH
				  credits.
If the licensee is unable to reinforce the claim of PDH
				  credits, the licensee must acquire sufficient PDH credit to meet the
				  requirements within 30 days of the receipt of the written notice and is subject
				  to disciplinary action.
The board may take into consideration hardship or extenuating
				  circumstances in allowing correction of deficiencies, but the deadline may not
				  be extended more than one year.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-39.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:35 - Continuing professional development › Section 20:38:35:11 - Carryover PDH

Current through Register Vol. 51, page 10, July 15, 2024
If a licensee obtains more than 30 PDH in a biennium, up to
				  15 PDH may be carried forward to the following biennium. PDH may only be
				  carried forward one time.
General Authority:
SDCL
					 36-18A-22(4).
Law Implemented:
SDCL
					 36-18A-39,
					 36-18A-40.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:37 - Other requirements of licensees › Section 20:38:37:01 - Seals

Current through Register Vol. 51, page 10, July 15, 2024
A licensed professional engineer, architect, land surveyor,
				  or landscape architect is responsible for the security and proper use of an
				  appropriate seal. No petroleum release assessor, petroleum release remediator,
				  or intern may obtain or use a seal. Improper use of the seal or failure to sign
				  and seal final work is grounds for disciplinary action. The seal shall be used
				  on all final documents, including plats, reports, plans, and specifications.
				  The seal implies responsibility for the entire submission unless the area of
				  responsibility is clearly identified in the information accompanying the seal.
				  Drawings prepared by a licensed professional shall have the seal and license
				  number with a signature of the licensee who is in responsible charge on each
				  sheet of those drawings.
Work performed during construction administration shall also
				  be signed and sealed if it affects the intent of the project or changes the
				  life safety aspects of the project. Any exempt project services performed by a
				  licensed professional shall be sealed. Review drafts or presentation documents,
				  such as renderings or drawings used to communicate conceptual information only,
				  are not required to be signed and sealed.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-22(9),
					 36-18A-44,
					 36-18A-45,
					 36-18A-56(1)(2)(8)(10),
					 36-18A-65(4)(8).