South Dakota Administrative Code

Rule 20:69:03:03 Repealed. 20:69:03:03. Photograph to accompany application.Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:03:02, 20 SDR 18, effective August 16, 1993; repeal…

Rule 20:69:03:04 Authority to take examination. 20:69:03:04. Authority to take examination. A person may not take the real estate examination unless the person has completed the prescribed prerequisite education and registered to take the examination. Source: SL 1975, ch 16, § 1;…

Rule 20:69:03:04.01 Registering for examination. 20:69:03:04.01. Registering for examination. A person registering to take the real estate examination must complete the prerequisite education before submitting the registration. Source: 24 SDR 172, effective June 16, 1998. General…

Rule 20:69:03:05 Failure to appear for examination. 20:69:03:05. Failure to appear for examination. A person registered to take an examination must appear in person to take the examination as scheduled. If the person fails to do so, the person forfeits the examination fee and mus…

Rule 20:69:03:06 Administration of examination. 20:69:03:06. Administration of examination. The licensing examination shall be conducted under the supervision of the executive director of the commission. The examiner shall require identification supplied to the registered person …

Rule 20:69:03:06.01 Testing service. 20:69:03:06.01. Testing service. The commission may negotiate an agreement with a testing service for examination development, administration, scoring, reporting, and analysis. Source: 24 SDR 172, effective June 16, 1998. General Authority:SDC…

Rule 20:69:03:07 Passing score on licensing examination. 20:69:03:07. Passing score on licensing examination. The passing score on the licensing examinations is 75. Source: 7 SDR 31, effective October 6, 1980; 10 SDR 54, effective December 5, 1983; 12 SDR 151, 12 SDR 155, effecti…

Rule 20:69:03:08 Cheating on examination. 20:69:03:08. Cheating on examination. The examination of any person who is caught cheating during an examination is void. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:03:09, 20 SDR …

Rule 20:69:03:09 Reinstatement of licensees discharged from armed forces. 20:69:03:09. Reinstatement of licensees discharged from armed forces. Application for reinstatement of a license by a former licensee discharged from the armed forces shall be made on forms provided by the …

Rule 20:69:03:10 Application fee -- Brokers and salespersons. 20:69:03:10. Application fee -- Brokers and salespersons. The application fee for brokers, including restricted brokers, and salespersons is $225. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, …

Rule 20:69:03:11 Repealed. 20:69:03:11. Reapplication fee -- Brokers and salesmen.Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 100, effective January 10, 1989; 16 SDR 36, effective August 29…

Rule 20:69:03:12 Application fee -- Firm license. 20:69:03:12. Application fee -- Firm license. The application fee for a firm license is $100. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 36, effective August 29, 1989; transferred from § 20…

Rule 20:69:03:12.01 Registration fee -- Broker or associate licensee business corporation or limited liability company. 20:69:03:12.01. Registration fee -- Broker or associate licensee business corporation or limited liability company. The registration fee for a broker or an asso…

Rule 20:69:03:13 Biennial renewal fee -- Broker. 20:69:03:13. Biennial renewal fee -- Broker. The biennial renewal fee for a broker's license, including restricted licenses, is $125. Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 7 SDR 31, effective October 6…

Rule 20:69:03:14 Biennial renewal fee -- Salesperson. 20:69:03:14. Biennial renewal fee -- Salesperson. The biennial renewal fee for a salesperson's license is $125. Source: SL 1975, ch 16, § 1; 4 SDR 35, effective December 22, 1977; 7 SDR 31, effective October 6, 1980; 12 SDR 10…

Rule 20:69:03:15 Biennial renewal fee -- Firm. 20:69:03:15. Biennial renewal fee -- Firm. The biennial renewal fee for a firm license is $125. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 31, effective September 23, 1986, effective January 1…

Rule 20:69:03:16 Office management. 20:69:03:16. Office management. A broker may assign management responsibilities to a broker associate. However, a salesperson may not assume any management responsibilities. Source: 20 SDR 18, effective August 16, 1993; 35 SDR 305, effective Ju…

Rule 20:69:03:17 Commission split -- Out-of-state. 20:69:03:17. Commission split -- Out-of-state. A licensed broker may divide or share a real estate commission with a licensed broker in another state if the latter does not carry on any of the negotiations in this state either by…

Rule 20:69:03:18 Transferred. 20:69:03:18. Transferred to §§ 20:69:16:01 and 20:69:16:02.

Rule 20:69:03:19 Advance compensation. 20:69:03:19. Advance compensation. If an agency agreement provides for compensation for services for other than a sale or lease of an interest in real property, the licensee may collect compensation for those services before closing the sale…

Rule 20:69:03:20 Repealed. 20:69:03:20. Replacement of license -- License displayed. Repealed. Source: 1 SDR 33, effective January 1, 1975; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 100, …

20:69:03:21. Reciprocal agreements. Repealed. Source: 20 SDR 18, effective August 16, 1993; 48 SDR 60, effective December 6, 2021.

20:69:03:22. Nonresident licensee as applicant -- Certificate of licensure required. A nonresident licensee who is an applicant for licensure in this state shall submit a certificate of licensure from the licensing agency of the current state in which the applicant holds an activ…

Rule 20:69:03:22.01 Nonresident licensee -- Renewal of license on active status -- Certificate of licensure required. 20:69:03:22.01. Nonresident licensee -- Renewal of license on active status -- Certificate of licensure required. A nonresident broker, broker associate or salesp…

Rule 20:69:03:23 Supervising broker to be licensed in South Dakota. 20:69:03:23. Supervising broker to be licensed in South Dakota. A licensed nonresident salesperson or broker associate shall be associated with a licensed South Dakota broker or a nonresident broker licensed by t…

Rule 20:69:03:24 South Dakota resident licensed as salesperson by examination in another state -- Requirements for obtaining a broker associate license in South Dakota. 20:69:03:24. South Dakota resident licensed as salesperson by examination in another state -- Requirements for …

Rule 20:69:03:25 Nonresident salesperson licensed in South Dakota -- Time to qualify for broker associate license upon establishing residency in state. 20:69:03:25. Nonresident salesperson licensed in South Dakota -- Time to qualify for broker associate license upon establishing …

Rule 20:69:03:26 Fees -- Certification of licensure, additional license, duplicate license, and transfer of license. 20:69:03:26. Fees -- Certification of licensure, additional license, duplicate license, and transfer of license. Fees include the following: (1) For each certifica…

Rule 20:69:03:27 Late renewal fee. 20:69:03:27. Late renewal fee. Any licensee who files a late registration application and fee for renewal pursuant to SDCL 36-21A-66 shall pay a late fee based on the date the renewal application is filed, as follows: (1) December, $20; (2) Janu…

Rule 20:69:04:01 Application for approval of classroom instruction. 20:69:04:01. Application for approval of classroom instruction. A course provider desiring to give approved classroom instruction to prospective real estate licensees shall apply on a form provided by the commiss…

Rule 20:69:04:01.01 Certificate of approval. 20:69:04:01.01. Certificate of approval. The commission shall grant a certificate of approval for each course of study approved by the commission. The certificate is valid for three years. Source: 24 SDR 172, effective June 16, 1998. G…

Rule 20:69:04:01.02 Criteria for approval of classroom instruction. 20:69:04:01.02. Criteria for approval of classroom instruction. The application form for approval of classroom instruction shall include the following information and enclosures: (1) Name, address, and telephone …

Rule 20:69:04:02 Contents of broker associate prelicensing course. 20:69:04:02. Contents of broker associate prelicensing course. The broker associate prelicensing course shall provide for a minimum of 116 instructional hours in subject areas approved by the commission, including…

Rule 20:69:04:03 Contents of broker associate upgrade course. 20:69:04:03. Contents of broker associate upgrade course. The broker associate upgrade course for a licensed salesperson upgrading to the broker associate level shall provide for a minimum of 40 instructional hours in …

20:69:04:04. Contents of responsible broker course. The responsible broker course is a course in brokerage. The course must be a minimum of 24 hours long and contain a final examination which demonstrates knowledge of the subject areas. The course must include the following subje…

Rule 20:69:04:05 Order of courses to be passed. 20:69:04:05. Order of courses to be passed. The broker associate prelicensing course or broker upgrade course must be completed and passed before enrolling in the responsible broker course. Source: 2 SDR 7, effective July 30, 1975; …

Rule 20:69:04:06 Conditions for credit for alternative courses. 20:69:04:06. Conditions for credit for alternative courses. A person may apply to the commission for credit for the broker associate prelicensing course, the broker upgrade course, or responsible broker course based …

Rule 20:69:04:07 Application for credit for alternative courses. 20:69:04:07. Application for credit for alternative courses. An application for credit under § 20:69:04:06 must be accompanied by an authenticated transcript from the college, university, vocational school, or preli…

Rule 20:69:04:08 Qualifications for classroom instructor. 20:69:04:08. Qualifications for classroom instructor. An applicant seeking commission approval to teach prelicensing education must furnish evidence satisfactory to the commission that the applicant has at least one of the…

Rule 20:69:04:08.01 Instructors. 20:69:04:08.01. Instructors. No instructor may teach prelicensing courses unless approved, by name, by the commission. However, a guest speaker may teach a designated section of a prelicensing course pursuant to § 20:69:04:08.03. Source: 28 SDR 28…

Rule 20:69:04:08.02 Application for approval of instructor -- Guest speakers exempt. 20:69:04:08.02. Application for approval of instructor -- Guest speakers exempt. An applicant for instructor approval shall apply on a form provided by the commission. A guest speaker is exempt f…

Rule 20:69:04:08.03 Utilization of guest speakers -- Résumé to accompany course application. 20:69:04:08.03. Utilization of guest speakers -- Résumé to accompany course application. A course provider may utilize guest speakers with expertise in a particular area in any approved c…

Rule 20:69:04:08.04 Certificate of instructor approval -- Approval certificates not issued to guest speakers. 20:69:04:08.04. Certificate of instructor approval -- Approval certificates not issued to guest speakers. The commission shall grant a certificate of approval for each in…

Rule 20:69:04:09 Educational facilities. 20:69:04:09. Educational facilities. An approved course of instruction must have the classrooms and other facilities and personnel necessary to implement the program as determined by the real estate commission. Source: SL 1975, ch 16, § 1;…

Rule 20:69:04:09.01 Instructional techniques. 20:69:04:09.01. Instructional techniques. Classroom courses must be presented to students through interactive instructional techniques. Interactive instruction includes providing a student the opportunity for immediate exchange with a…

Rule 20:69:04:10 Approval of classroom instruction, distance education, or independent study course. 20:69:04:10. Approval of classroom instruction, distance education, or independent study course. Prior to the contemplated date of opening, the commission shall notify the applica…

Rule 20:69:04:10.01 Auditing. 20:69:04:10.01. Auditing. The commission may audit courses. Source: 24 SDR 172, effective June 16, 1998; 28 SDR 28, effective September 2, 2001. General Authority:SDCL 36-21A-89(4). Law Implemented:SDCL 36-21A-30.1, 36-21A-31, 36-21A-34.

Rule 20:69:04:11 Withdrawal of approval for course or instructor. 20:69:04:11. Withdrawal of approval for course or instructor. If the commission at any time determines that a person or course approved pursuant to chapter 20:69:04 is not continuing to meet the requirements of SDC…

Rule 20:69:04:11.01 Denial of approval for course or instructor. 20:69:04:11.01. Denial of approval for course or instructor. The commission may deny approval of a real estate course or instructor if it determines that either is not in compliance with SDCL chapter 36-21A and this…

Rule 20:69:04:12 Withdrawal of approval for inactivity. 20:69:04:12. Withdrawal of approval for inactivity. The commission may withdraw its approval for any course that has not been offered for at least one year. Source: 7 SDR 31, effective October 6, 1980; 12 SDR 102, effective …