reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:07 - Requirements for operation of a one-call notification center

Current through Register Vol. 51, page 10, July 15, 2024
The one-call notification center shall provide the following
				  services:
(1) Accept a location
				request from the excavator twenty-four hours a day, seven days a
				week;
(2) Accept a locate request
				by telephone call, remote entry by computer transmission, or an internet-based
				format approved by the South Dakota One Call board;
(3) At close of each location request
				processed by a customer service representative at the center, prior to the
				issuance of a confirmation number, verify with the excavator that information
				provided by the excavator meets the requirements of §
									20:25:03:04,
				20:25:03:04.01, or
				20:25:03:04.02. Following
				verification of the information, provide the excavator with the verification
				number associated with this request, a list of underground facility operators
				who will be notified of this request, and a list of any high profile
				underground facility operators within the excavation area;
(4) If a locate request, submitted in
				compliance with §
									20:25:03:04, 20:25:03:04.01, or
				20:25:03:04.02, is received by remote computer entry or internet transmission,
				the excavator shall receive a ticket, within four hours, as the confirmation
				notice;
(5) Record each
				conversation which pertains to a location request;
(6) Maintain a copy of each conversation and
				ticket for a period of seven years;
(7) Upon request, provide copies of the
				tickets and recorded conversations to operators or excavators, at the cost of
				providing such copies; and
(8)
				Accept facility operator database information that allows proper notification
				to the operator of excavation near the operator's utility lines and updates to
				such data on a web based system as required by the South Dakota One Call
				Notification board.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-5,
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:09 - Procedures for marking excavation sites which are impractical to flag, mark, or describe

Current through Register Vol. 51, page 10, July 15, 2024
If it is impractical to flag, mark, or describe an excavation
				  site the following procedures shall be followed:
(1) An excavator may request an appointment
				from the one-call notification center for the purpose of meeting the operator
				at the excavation site. These meetings shall occur only between 9:00 a.m. and
				4:00 p.m. local time and appointments for this may be scheduled not less than
				two business days from the time of the call;
(2) If appointment requests do not identify
				the excavation site, the excavator shall identify the excavation site as
				required in §
									20:25:03:04,
				20:25:03:04.01, or 20:25:03:04.02
				in writing, at the time of the appointment; and
(3) If the excavation site is not identified
				on the ticket, the operator shall complete the marking within 48 hours of the
				conclusion of the appointment.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-5,
					 49-7A-6,
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:10 - Operator requirements after receipt of an emergency or modified routine ticket

Current through Register Vol. 51, page 10, July 15, 2024
Each operator required by SDCL
				  49-7A-2 to join the one-call
				  system must respond to notification of excavation as required by SDCL chapter
				  49-7 A or by the response intervals listed below.
If an excavation is being made in a time of emergency, as
				  defined in SDCL
				  49-7A-1, each operator shall
				  respond as follows:
(1) The operator
				shall respond as soon as possible but not longer than two hours from the
				notification time during the business day and not longer than four hours from
				the notification time outside of the business day or by the start time on the
				ticket, whichever is later;
(2) Any
				operator, who determines that its facilities will not be impacted by the
				notification, shall immediately notify the excavator that the operator's
				facilities are clear from the excavation; and
(3) When a facility operator is notified of
				damage to an underground facility as required by SDCL
				49-7A-12, each operator notified
				shall respond in accordance with the response intervals provided for emergency
				locate requests.
If a modified routine ticket is issued because it has been
				  determine that the one-call notification center entered inaccurate information
				  on the original request or the operator provided inaccurate marking at the
				  original excavation site, each operator shall respond in accordance with the
				  response intervals provided for emergencies or the original start date of the
				  ticket, whichever is later.
If a routine ticket is reissued to remark the excavation site
				  due to obliteration, destruction, or removal of the markings, the underground
				  facility operator shall respond within 24 hours from the notification time or
				  by the start time on the ticket, whichever is later, excluding Saturdays,
				  Sundays, and legal holidays defined by SDCL
				  1-5-1. Any request to reissue a
				  routine ticket to remark the excavation site in violation of §
										20:25:03:05.02 of this section is
				  subject to penalties established pursuant to SDCL
				  49-7A-18 and
				  49-7A-19.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-5,
					 49-7A-6,
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:10.01 - Operator requirements after receipt of a planned excavation or informational ticket

Current through Register Vol. 51, page 10, July 15, 2024
If a planned excavation ticket is issued to mark the site of
				  a planned excavation within the next eighteen months, the underground facility
				  operator shall respond within five working days from the notification time or
				  by the start time on the ticket, whichever is later, excluding Saturdays,
				  Sundays, and legal holidays of the state, following the issuance of the planned
				  excavation locate request. Since no excavation will occur, the operator of the
				  underground facility, after consultation with the planner, shall determine from
				  the following alternative methods, the appropriate means for providing the
				  underground facility location information. Should the planner be unsatisfied
				  with the means selected, they may require that the underground facilities be
				  marked. The facility operator may require compensation to recover the direct
				  labor costs associated with the marking of the excavation site pursuant to
				  §
									20:25:03:04.05:
(1) Mark with reasonable accuracy all of its
				underground facilities in the area of the planned excavation; or
(2) Provide to the planner submitting the
				locate request the best available written description of all facilities in the
				planned excavation area, which might be as-constructed drawings, or other
				facility maps that are maintained by the facility operator; or after consulting
				with the planner
(3) Allow the
				planner submitting the planned excavation locate request or other authorized
				person to inspect and copy the as-constructed drawings, or other facility maps
				that are maintained by the facility operator which indicate the location of
				facilities in the planned excavation area.
If a ticket is issued to mark the site of an informational
				  locate request, the underground facility operator shall respond within five
				  working days from the notification time or by the start time on the ticket,
				  whichever is later, excluding Saturdays, Sundays, and legal holidays of the
				  state, following the issuance of the locate request. The operator shall respond
				  in the manner provided for planned excavation locate requests.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-5,
					 49-7A-6,
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:10.02 - Procedures for excavation near high profile underground facilities

Current through Register Vol. 51, page 10, July 15, 2024
Prior to the legal excavation start date and time, the
				  operator shall communicate with the excavator if, based on information in the
				  ticket, the operator believes a high profile underground facility is in close
				  proximity to the excavation site. If it is determined by the operator that no
				  high profile underground facility is at risk, the operator may allow the
				  excavator to commence excavation without a site meeting. The excavator may
				  proceed and excavate according to all other rules and statutes.
If the operator is either unable to clearly identify the
				  specific excavation site or determines that the excavation site may be in close
				  proximity to the high profile underground facility, the following steps shall
				  be taken prior to the legal excavation start date and time:
(1) The operator and excavator shall conduct
				an on-site meeting at a mutually agreed upon time to verify the exact
				excavation site relative to the location of the high profile underground
				facility;
(2) No excavation
				activity may commence until the completion of the site meeting; and
(3) If a determination is made at the site
				meeting that excavation will be within 25 feet of the high profile underground
				facility, the operator may require that the operator be present during all
				excavation within 25 feet of the high profile underground facility. Failure of
				the excavator to comply is considered a violation and subject to all penalties
				according to applicable law.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-5,
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:11 - Petition for declaratory rulings

Current through Register Vol. 51, page 10, July 15, 2024
Any person wishing the board to issue its ruling as to the
				  applicability to that person of any statutory provision or rule or order of the
				  board may file with the board a petition in substantially the following
				  form:
State of South Dakota
One-Call Notification Board
Petition for Declaratory Ruling
Pursuant to the provisions of SDCL
				  1-26-15, I, (name of petitioner),
				  of (address of petitioner), am (title or capacity of petitioner), and do hereby
				  petition the South Dakota One-Call Notification Board for its declaratory
				  ruling in regard to the following:
(1)
				The state statute or board rule or order in question is: (here identify and
				quote the pertinent statute, rule, or order);
(2) The facts and circumstances which give
				rise to the issue to be answered by the board are:
(3) The precise issue to be answered by the
				board's declaratory ruling is:
Dated at _____________________(city and state), this _____
				  day of ___________, 20___.
_________________________
(Signature of petitioner)
General Authority:
SDCL
					 1-26-15,
					 49-7A-4.
Law Implemented:
SDCL
					 1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:12 - Board action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition for declaratory ruling, the
				  board may request the petitioner to provide information as may be required for
				  the issuance of its ruling. Within 120 days after the filing of the petition or
				  within 120 days following the receipt of further requested information, the
				  board shall issue a declaratory ruling and serve a copy of the ruling by mail
				  upon the petitioner.
General Authority:
SDCL
					 1-26-15,
					 49-7A-4.
Law Implemented:
SDCL
					 1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:04 - Competitive bidding for one-call center contractor selection › Section 20:25:04:01 - Competitive bidding procedures

Current through Register Vol. 51, page 10, July 15, 2024
The board shall issue requests for proposals describing the
				  services and the specifications required for the one-call notification center.
				  Following receipt of the proposals, the board shall approve the contractor's
				  selection for a period of not less than one nor more than three years. The
				  board may extend the term of the agreement for one or more incremental periods
				  of one to three years. The board shall review the services provided by the
				  contractor at least annually and may modify the agreement with the one-call
				  notification center as necessary.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-4,
					 49-7A-7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:01 - Definitions › Section 20:36:01:01 - Terms defined

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Abstract," a compilation in orderly
				arrangement of the materials and facts of record affecting the title to a
				specific piece of land, issued under a certificate certifying to the matters
				contained in such compilation;
(2)
				"Abstracter," a person, firm, or corporation holding a certificate of
				registration from the Abstracters' Board of Examiners of the state of South
				Dakota;
(3) "Abstracting," the
				abstracting and reporting upon public or other records under the provisions of
				SDCL 36-13;
(4) "Board," the
				Abstracters' Board of Examiners of the state of South Dakota;
(5) "Plant," the books, records, and indexes
				required by SDCL
				36-13-10 and this
				article;
(6) "Seal," the seal of
				the Abstracters' Board of Examiners or the seal of an abstracter as the context
				may indicate;
(7) "Search," the
				process of examining all relevant records to document the legal owner of the
				property, including any liens and other claims on the real property, and any
				type of summary of facts of record affecting the title to a specific piece of
				land that does not purport to constitute an opinion as to the state of the
				title. The term does not include a title insurance commitment or policy or
				information or opinions given;
(8)
				"Executive Secretary," the executive secretary of the board; an executive
				secretary who shall supervise the administrative activities of the
				board.
(9) "Secretary-treasurer,"
				the secretary-treasurer of the board.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:01 - Definitions › Section 20:36:01:02 - Chain of title

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this article, chain of title means: All
				  documents of conveyance given in a continuous succession of title:
(1) With respect to unplatted lands, the
				smaller of:
(a) Each quarter section of land;
				or
(b) If a patent was issued for a
				portion of quarter section of land, then that portion for which that patent was
				issued; and
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:01 - Organization of board

Current through Register Vol. 51, page 10, July 15, 2024
The organization of the board shall be in accordance with the
				  provisions of SDCL
				  36-13-1. When the president of the
				  board is absent from the state or disqualified or incapable of acting in any
				  manner, the member of the board senior in time of service, other than the
				  secretary-treasurer shall be president pro tem and as such perform the duties
				  of the president until such president is eligible and able to
				  act.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:02 - Office of the board - Address mail - Notices and communications to the board

Current through Register Vol. 51, page 10, July 15, 2024
The office of the board shall be at the place established by
				  the board of which notice of the same and its address shall be given in writing
				  to the members of the board and publicly announced by them at the annual
				  meeting of the South Dakota land title association and published in its report
				  of such meeting. Mail, notices, and communications to the board shall be
				  addressed to the board.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:03 - Seal, books, records, and documents of the board - Where kept - Inspection of - Certified copies - How obtained

Current through Register Vol. 51, page 10, July 15, 2024
The seal of the board shall be kept by the executive
				  secretary. All books, records, and documents of the board including
				  correspondence shall be kept by the executive secretary
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-4,
					 36-13-6
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:04 - Filing of papers

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall file all such books, records,
				  documents, and papers as are required by law or these rules to be filed, or
				  which are of such importance to the operation of the board as to require such
				  filing or which may be requested by any member of the board to be
				  filed.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-4,
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:05 - Meetings of the board - Regular - Special - How called - Unanimous consent meetings - Quorum defined and required

Current through Register Vol. 51, page 10, July 15, 2024
The board shall hold one regular annual meeting at the same
				  time and place as the annual meeting of the South Dakota land title association
				  at which meeting the president and secretary-treasurer and a majority of the
				  members of the board shall be present. The board meeting shall continue during
				  the annual meeting of the said South Dakota land title association and the
				  officers and members of the board who are present shall at such meeting elect
				  their own officers, and act upon general affairs of the board, and participate
				  in the meetings of the South Dakota land title association and be available for
				  conferences with its members and committees and with applicants or other
				  persons having business with the board within reasonable limits of the time
				  available and the other duties of the board.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-4,
					 36-13-6
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:06 - Special meetings of the board

Current through Register Vol. 51, page 10, July 15, 2024
Special meetings of the board may be held in accordance with
				  SDCL chapter 1-25.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-4,
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-4,
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:08 - Quorum requirements

Current through Register Vol. 51, page 10, July 15, 2024
A quorum shall consist of a majority of the members of the
				  board, and no official action except to adjourn sine die can be taken at any
				  meeting unless a quorum is present at the time such action is
				  taken.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:09 - Conduct of meeting

Current through Register Vol. 51, page 10, July 15, 2024
The president, or in his absence the president pro tern,
				  shall preside at all meetings and the executive secretary shall keep the
				  minutes thereof. If the executive secretary is absent, the members present
				  shall designate one to act as secretary of the meeting, and he shall keep the
				  minutes and sign the same with the presiding officer and file them with the
				  executive secretary. Minutes shall be approved correction if any required, and
				  by motion at a subsequent meeting of the board. If any member present requests
				  the vote of the members on any decision of the board, it shall be taken by yeas
				  and nays and the vote of each member recorded as made by him in the
				  minutes.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-13-6
Law Implemented
SDCL
					 36-13-6.
Minutes to be filed with auditor general, SDCL
					 1-25-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:02 - Administration › Section 20:36:02:11 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
An appeal may be taken from any order or decision of the
				  board which is subject to appeal, in the form and manner provided by SDCL
				  36-13-31.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-31.
Appeals from administrative agencies, SDCL
					 1-26-30 to
					 1-26-37.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:01 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for registration as an abstracter must be a
				  resident of the state of South Dakota, or an active duty member of the armed
				  forces of the United States or the spouse of an active duty member of the armed
				  forces of the United States and is the subject of a military transfer to South
				  Dakota, and a person of good moral character and careful, temperate
				  habits.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:02 - Eligibility to qualify partnership, corporation, and other firm

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant for registration seeks registration for the
				  purpose of qualifying a partnership, corporation, or other permitted firm to
				  engage in abstracting, the applicant must have the qualifications provided in
				  §
									20:36:03:01, and also show by
				  notarized signature either in his the application for registration or by
				  separate document to be filed with the board that the applicant or some other
				  legally registered abstracter will have personal contact with or responsible
				  supervision of the operations of such partnership, corporation, or firm at all
				  times. No partnership, corporation, or firm not registered prior to the
				  effective date of these rules shall be qualified for registration unless its
				  eligibility is established as herein provided. No partnership subject to SDCL
				  37-11, the fictitious names statute, shall be qualified until it has complied
				  therewith.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-8,
					 36-13-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:03 - Examinations of applicant - Time, place, and fee

Current through Register Vol. 51, page 10, July 15, 2024
The board shall conduct a regular examination each year,
				  either before or immediately following the annual convention of the South
				  Dakota Land Title Association. Other written examinations shall be offered to
				  approved applicants at the time and place approved by the board. A fee of $50 a
				  section shall be charged to each applicant each time the examination is
				  written. A fee of $25 a section shall be charged to each applicant on any
				  section that is re-taken by an applicant following an initial
				  examination.
General Authority:
SDCL
					 36-13-6,
					 36-13-6.1(1).
Law Implemented:
SDCL
					 36-13-11,
					 36-13-12
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:04 - Examinations - Method of conducting

Current through Register Vol. 51, page 10, July 15, 2024
A member of the board or a designated representative shall
				  be present at all examinations.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:05 - Examination subjects

Current through Register Vol. 51, page 10, July 15, 2024
Applicants shall be examined upon all of the subjects
				  mentioned in SDCL
				  36-13-12 plus such similar
				  requirements of education and experience as may be reasonably necessary to
				  carry on the work of abstracting in an accurate, efficient, and reliable
				  manner, and which similar requirements may be established by the board in its
				  prepared examination questions or the oral examinations which may be
				  given.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:06 - Written and oral examinations

Current through Register Vol. 51, page 10, July 15, 2024
Written examinations shall be questions and answers upon the
				  subjects specified in SDCL
				  36-13-12 and upon title insurance
				  and will be separated into 5 sections. A time limit of one hour will be given
				  for each section. The board, when preparing the examination, shall see that
				  each section of the examination, if written by an experienced abstracter, will
				  take no more than 30 minutes to write. Oral examinations shall be questions
				  based on requirements of education and experience which are similar to the
				  requirements of education and experience necessary for the written examination.
				  All members of the board present at the examination shall be entitled to ask
				  oral examination questions, but any member present may waive his right to do so
				  at any time during the examination.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:07 - Examination questions kept secret

Current through Register Vol. 51, page 10, July 15, 2024
Questions, which shall be prepared by the board, shall be
				  held secret at all times by all members of the board except when same are
				  distributed to the applicants at the examinations and shall not be publicly
				  released except by official action of the board. The board shall vary its
				  questions from time to time in such manner as may seem advisable to conduct
				  examinations in the most effective and impartial manner.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:08 - Grading of examination

Current through Register Vol. 51, page 10, July 15, 2024
The examination papers of applicants shall be graded on the
				  scale of percentage, 100 percent being considered perfect and a percentage of
				  80 being required for passing If an applicant shall fail in any section the
				  board may establish his credits on the sections in which he passed and permit
				  him to be examined only on the sections in which he failed, at any regular or
				  special examination held within one year thereafter.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-6,
					 36-13-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:09 - Examination grades sent to each applicant

Current through Register Vol. 51, page 10, July 15, 2024
The board shall complete its grading of the examination
				  papers of all applicants within three weeks of the date of examination and send
				  notice by certified mail -- return receipt requested to each applicant at any
				  post office address specified in writing to the board for such purpose by the
				  applicant. The notice of the board as to the result of the examination shall
				  specify to each applicant the grade made by him in each section which he wrote
				  for the examination, and also the percentage attained by him as determined by
				  the board on his oral examination.
General Authority:
SDCL
					 36-13-12
Law Implemented:
SDCL
					 36-13-12
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:10 - Examination - Effect of passing or failing

Current through Register Vol. 51, page 10, July 15, 2024
The fact that an applicant has passed successfully any
				  examination for which he was eligible shall not entitle him to a certificate of
				  registration to engage in abstracting as an independent operator under his own
				  or a firm name and seal unless he, or his firm has an approved abstract plant
				  as required by the laws of South Dakota and this article. If the applicant is
				  to become an employee of, or partner with, any person or member of any
				  corporation or firm having such approved plant, at that time the registration
				  may be granted. If the person passing such examination shall at any time within
				  one year after receiving notice that he has successfully passed the
				  examination, acquired either by completing construction, purchase, or other
				  legal method of acquisition an approved abstract plant as required by the laws
				  of South Dakota, he shall then be issued his certificate of registration upon
				  establishing such acquisition to the satisfaction of the board; provided, also,
				  that the board may by resolution duly adopted and entered in its minutes extend
				  the period for completing acquisition of such abstract plant or securing the
				  approval of the board thereof, for an additional year and issue the certificate
				  without further examination of the applicant. The failure of an applicant at
				  any examination shall in no manner affect his rights to any future examinations
				  held by the board.
General Authority:
SDCL
					 36-13-12.
Law Implemented:
SDCL
					 36-13-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:11 - Transfer of certificate of registration, including transfer of stock in a corporation which retains its identity

Current through Register Vol. 51, page 10, July 15, 2024
Whenever a registered individual, partnership, firm, or
				  corporation shall sell or otherwise transfer its interest to another party,
				  including sale or transfer of stock in a corporation which retains its
				  identity, the board must be notified at least 30 days prior to the date of sale
				  or transfer. The provisions of SDCL 36-13 and chapters 20:36:03 and 20:36:04
				  herein for the issuance of a new certificate of registration will be
				  followed.
Although no exception is made as to notification of the board
				  prior to the transfer, the sale or transfer of interests in a certificate of
				  registration between husband and wife or parent and child or children will be
				  excepted from qualifying for a new certificate of registration as long as there
				  is a legally registered abstracter who has qualified by examination under the
				  provisions of SDCL
				  36-13-12 and this chapter who will
				  have personal contact with or responsible supervision of the operations of such
				  firm, partnership, or corporation at all times.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-6,
					 36-13-8,
					 36-13-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:03 - Registration procedure › Section 20:36:03:12 - Fee for certificate of registration and renewal

Current through Register Vol. 51, page 10, July 15, 2024
The annual fee for a biennial certificate of registration for
				  an applicant shall be paid by June 30th and is as
				  follows: in counties with a population of 10,000 or less, the fee is $350; in
				  counties with a population of 10,001 to 15,000, the fee is $490; and in
				  counties with a population over 15,000, the fee is $700. The board shall issue
				  a certificate to an applicant upon payment of the required fee, if the
				  applicant meets the other requirements in SDCL chapter 36-13 and chapters
				  20:36:03 and 20:36:04.
A title plant licensee shall apply for renewal at least 30
				  days before expiration by submitting a completed application for renewal and
				  the appropriate annual fee. The annual fee is the same as the fee required of
				  an applicant for initial registration.
General Authority:
SDCL
					 36-13-6,
					 36-13-21.
Law Implemented:
SDCL
					 36-13-21.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:01 - General requirements for books, records, and indexes

Current through Register Vol. 51, page 10, July 15, 2024
Before any person is entitled to a certificate of
				  registration to engage in abstracting under the laws of South Dakota, the
				  person shall have an approved abstract plant containing the following:
(1) A complete index showing every instrument
				recorded in the register of deeds office in the county wherein the person
				proposes to operate, properly listed against the specific property which it
				affects Also a separate miscellaneous index showing all recorded instruments
				which do not affect specific property. And, a general index showing all county
				aid, state, and federal tax liens as recorded in the Register of Deeds Office
				in the county wherein the person proposes to operate, in addition to all
				unsatisfied judgments as filed with the South Dakota Unified Judicial System in
				the county wherein the person proposes to operate. Each index may be compiled
				on cards, in bound books, in electronic form, or a loose leaf form, but must be
				made from an actual check of each page of each book of recorded instruments in
				said office, and in no case will a copy or film of the numerical index in the
				Register of Deeds Office be accepted;
(2) If a numerical index is used showing only
				the book and page of each instrument, then such index must be supplemented by a
				take-off of each instrument properly arranged in the abstract plant so that it
				can be located from the person's own numerical index. Such take-off shall be
				sufficiently complete to show all essential parts of each instrument, such
				names, dates, descriptions, acknowledgments, filings, and any special or
				unusual recitals, covenants, warranties, exceptions, or reservations. Such
				take-off may be made on cards on loose leaf form or in bound books or film or
				any other archivable form as approved by the board;
(3) If the form of index is a card, a loose
				leaf sheet, an electronic form, or the page of abound book showing all
				instruments affecting a particular piece of farm land, or town lot or block,
				then such index must be in such form as to show all names, dates,
				acknowledgments, seals, and filings, and also a column to show any special or
				unusual recitals in each instrument.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-10
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:01.01 - Penalty for failure to comply with Section 20:36:04:01

Current through Register Vol. 51, page 10, July 15, 2024
The failure to comply with §
									20:36:04:01 is suspension or
				  denial of a certificate of registration until such time as compliance is
				  demonstrated.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-10
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:02 - Maintenance of plant - Requirements

Current through Register Vol. 51, page 10, July 15, 2024
All abstract books, records, and indexes required to be kept
				  by law as one of the qualifications for engaging in abstracting under the laws
				  of South Dakota shall be revised, checked, and supplemented from time to time
				  so as always to be full, complete, and correct within six months of any
				  change.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:03 - Inspection of plants

Current through Register Vol. 51, page 10, July 15, 2024
All abstract plants required by law for the purpose of
				  qualification to engage in abstracting in South Dakota shall at all times be
				  open for inspection and examination by the board, or any member thereof in
				  connection with their official duties.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:04 - Examination of new and purchased plants

Current through Register Vol. 51, page 10, July 15, 2024
Before any person begins assembly of an abstract plant for
				  the purpose of qualifying for a certificate or registration the person shall
				  contact the board. The board shall advise as to procedure and observe the
				  methods used during the construction of the plant. Whenever any person has
				  completed assembly of an abstract plant or intends to purchase an already
				  registered plant the person shall notify the board in writing that such plant
				  is ready for examination and state the place at which it may be examined. The
				  executive secretary shall immediately communicate its contents to all members
				  of the board and the board shall fix a date for examination of such plant, said
				  examination to be held within 60 days of notification, and notify the applicant
				  thereof. The examination may be conducted by one or more members of the board
				  as may be ordered by the board and such member or members shall then make their
				  examinations and report within 60 days after date of such order. During such
				  period different examinations may be made at different times by the member or
				  members of the board and the applicant shall cooperate with them fully in
				  showing the condition of the plant and explaining anything required of the
				  applicant in connection with it and the applicant shall also afford the member
				  or members full opportunity to examine such plant privately and without the
				  applicant's presence if they or any of them so desire. After the member or
				  members of the board have completed their examination of the plant they shall
				  make a joint report or individual reports in writing to the board together with
				  their recommendations and the same shall be filed with and become an official
				  record of the board. The board shall then make its official decisions as to the
				  sufficiency of the plant, and file the same in the office of the board and a
				  copy of the report and the decision shall then be sent by certified mail --
				  return receipt requested to the address of the plant at the place where the
				  same was located at time of examination thereof. If the decision of the board
				  is to the effect that certain corrections or additions, or both to the plant
				  are necessary, the decisions shall specify the same and may in the discretion
				  of the board, fix additional time within which the applicant may make the same
				  and notify the board and the board shall then examine the plant and make its
				  decision as hereinbefore provided.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-10
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:04.01 - Scope of examination

Current through Register Vol. 51, page 10, July 15, 2024
The plant examination shall be divided into the following
				  areas:
(1) The preparation of not less
				than 5 complete chains of title consisting of the book and page of the recorded
				instrument, type of instrument, parties to the instruments, and dates. The
				chains are to include any instruments filed of record which do not describe the
				specific property but which would affect title to the property;
(2) The running of not less than 20 chains of
				title limited to a notation as to the book and page of recorded instruments
				which describe the property;
(3) A
				list of 20 recorded instruments not affecting specific property shall be
				compiled by the board from the office of the register of deeds. The board shall
				check the list in the plant to see that they are properly indexed;
(4) The board shall examine not less than 20
				instruments. If they are abbreviated takeoffs from recorded instruments, they
				will be checked against the original recorded instruments to see that they
				contain all essential parts of the instruments. If they are films or copies of
				the original recorded instruments, they will be checked to see that all
				essential parts of the instruments are clearly legible; and
(5) The board shall compile a list of 20
				unsatisfied mechanics' or materialmen's liens which have been filed or renewed
				in the past 6 years in the office of the register of deeds and unsatisfied
				judgments which have been filed or renewed on the South Dakota Unified Judicial
				System; the board shall check the list in the plant to see that they are
				properly indexed. If there are fewer than 10 unsatisfied mechanics' or
				materialmen's liens in the office of the register of deeds, all of them shall
				be checked in the plant.
Plants may be examined on any other areas considered
				  advisable by the board.
General Authority:
SDCL
					 36-13-6,
					 36-13-6.1(7).
Law Implemented:
SDCL
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:04.02 - Use of other registered plants in county of examination

Current through Register Vol. 51, page 10, July 15, 2024
If there is another registered abstracter in the county of
				  examination, the board may go to that abstracter and use his records to check
				  the chains of title that have been given to the plant being examined. The board
				  may also request from another registered abstracter in the county a list of
				  five descriptions where there are known discrepancies in the register of deeds
				  indexes.
General Authority:
SDCL
					 36-13-6.
Law Implemented:
SDCL
					 36-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:04.03 - Grading of plant examination

Current through Register Vol. 51, page 10, July 15, 2024
Plants shall be graded on the scale of percentage, 100 being
				  considered perfect and 80 being required for approval. If the plant fails in
				  any of the areas set forth in §
									20:36:04:04.01, the board may
				  establish the plant's sufficiency in the areas in which it passed and permit it
				  to be reexamined only in the areas in which it failed.
When grading areas in subdivisions 20:36:04:04.01(1) and (2),
				  the board shall use the following criteria: If there are any discrepancies
				  between the indexes in the plant and those in the office of the register of
				  deeds or another registered plant in the county, the board shall check the
				  recorded instruments in question to see whether the error or discrepancy is in
				  the office of the register of deeds or in the plant. If an error is found in
				  the chain from the plant being examined, it will result in a reduction in the
				  credit given for that chain. If a chain from the plant being examined shows an
				  instrument properly posted which is not shown on the chain from the office of
				  the register of deeds, additional credit will be given to the plant which will
				  be used to offset a reduction in the credit given for that
				  chain.
General Authority:
SDCL
					 36-13-6
Law Implemented:
SDCL
					 36-13-10
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:36 - ABSTRACTERS › Chapter 20:36:04 - Books, records, and indexes › Section 20:36:04:04.04 - Fee for plant examination

Current through Register Vol. 51, page 10, July 15, 2024
An examination fee of $500 shall be charged for each
				  examination of new and purchased plants for the purpose of qualifying for a
				  certificate of registration. The fee shall be payable to the board when
				  application is made for a certificate of registration.
General Authority:
SDCL
					 36-13-6,
					 36-13-6.1(2).
Law Implemented:
SDCL
					 36-13-10,
					 36-13-11.