South Dakota Administrative Code

Rule 20:68:07:23 Restrictions on continuing education credit. 20:68:07:23. Restrictions on continuing education credit. A licensee may not receive more than eight contact hours during a continuing education compliance period from qualified in-house programs. Source: 47 SDR 42, ef…

Rule 20:68:07:24 Approved continuing education programs. 20:68:07:24. Approved continuing education programs. The board will accept qualified continuing education programs accredited, approved, or presented by the following organizations or the organization's state affiliate: (1)…

Rule 20:68:07:25 Credit for presentations and publications. 20:68:07:25. Credit for presentations and publications. A licensee who has prepared an academic counseling course, a counseling in-service training workshop, or a counseling seminar or who has written, as first author, a…

Rule 20:68:08:01 Ethical standards. 20:68:08:01. Ethical standards. A licensee, supervisee, or supervisor shall comply with the ethical standards as set forth in the American Counseling Association Code of Ethics, as approved by the American Counseling Association Governing Counc…

Rule 20:69:01:01 Definitions. 20:69:01:01. Definitions. Words defined in SDCL chapter 36-21A have the same meaning when used in this article. Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 3, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:5…

Rule 20:69:02:01 Repealed. 20:69:02:01. Official office.Repealed. Source: SL 1975, ch 16, § 1; 7 SDR 31, effective October 6, 1980; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:02:01, 20 SDR 18, effective August…

Rule 20:69:02:02 Commission action. 20:69:02:02. Commission action. The commission may take any action by a mail ballot or by a conference telephone call. In case of a conference telephone call, the executive director shall participate in the call and take minutes of the commissi…

Rule 20:69:02:03 Petition for declaratory ruling. 20:69:02:03. Petition for declaratory ruling. Any person wishing the commission to issue its ruling as to the applicability to that person of a statutory provision, rule, or order of the commission may file a petition with the com…

Rule 20:69:02:04 Commission action on petition. 20:69:02:04. Commission action on petition. Upon receipt of a petition for a declaratory ruling, the commission may request from the petitioner any other information it requires for the issuance of its ruling. Following the receipt …

Rule 20:69:02:05 Number of copies of petition for declaratory ruling -- Electronic filing. 20:69:02:05. Number of copies of petition for declaratory ruling -- Electronic filing. A person filing a petition for declaratory ruling under this chapter shall file an original and seven …

Rule 20:69:02:06 Number of copies of petition for promulgation of rule -- Electronic filing. 20:69:02:06. Number of copies of petition for promulgation of rule -- Electronic filing. A person filing a petition for the initiation, repeal, or amendment of a rule must file an origina…

Rule 20:69:02:07 Petition for contested case hearing. 20:69:02:07. Petition for contested case hearing. A person aggrieved by any action of the commission taken without a hearing may, within 30 days following the date of the commission action, petition the commission for a hearin…

Rule 20:69:02:08 Petition for review of decision on contested case. 20:69:02:08. Petition for review of decision on contested case. Within 10 days after receipt of the commission's decision, a party to the hearing may file a petition with the commission for review of its decision…

Rule 20:69:03:01 Application for license by examination. 20:69:03:01. Application for license by examination. An applicant for license by examination shall file an application with the commission on a form provided by the commission within 60 days after the date of notice of havi…

Rule 20:69:03:02 Proof of education to accompany application. 20:69:03:02. Proof of education to accompany application. An applicant for a license by examination shall submit proof that the applicant successfully completed the required education within the two years before the da…

Rule 20:69:03:02.01 Proof of passing score to accompany application. 20:69:03:02.01. Proof of passing score to accompany application. An applicant for license by examination shall submit proof that the applicant successfully completed the licensing examination. Source: 24 SDR 172…

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…