South Dakota Administrative Code

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 …

Rule 20:69:04:13 Credit for previously unapproved courses. 20:69:04:13. Credit for previously unapproved courses. A person completing any course which has not received prior commission approval shall submit a complete list of the courses taken, the number of hours of study for ea…

Rule 20:69:04:14 Classroom hour. 20:69:04:14. Classroom hour. A classroom hour is a period of at least 50 minutes of actual classroom instruction out of each 60-minute segment. Additional study assignments are not counted as hours of classroom instruction. Source: 2 SDR 7, effect…

Rule 20:69:04:15 Length of course. 20:69:04:15. Length of course. No more than eight hours of instruction may be offered in one day. Source: 2 SDR 7, effective July 30, 1975; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from…

Rule 20:69:04:16 Examination. 20:69:04:16. Examination. A final examination must be given in each course. A copy of the final examination and the answers must be filed with the commission. Source: 2 SDR 7, effective July 30, 1975; 10 SDR 54, effective December 5, 1983; 12 SDR 102…

Rule 20:69:04:17 Reexamination. 20:69:04:17. Reexamination. A candidate for a license who fails the final examination of a prelicensing course may retake the examination without retaking the education. Source: 15 SDR 100, effective January 10, 1989; 18 SDR 101, effective December…

Rule 20:69:04:18 Schedule. 20:69:04:18. Schedule. A schedule of all courses offered, including the date, time, and place where they will be offered, must be furnished to the commission before the courses begin. Source: 2 SDR 7, effective July 30, 1975; 12 SDR 102, effective Decem…

Rule 20:69:04:19 Prelicensing education certificate of attendance. 20:69:04:19. Prelicensing education certificate of attendance. A course provider shall provide an individual certificate of attendance to each licensee upon completion of the prelicensing course under the followin…

Rule 20:69:04:20 Course provider reporting requirements. 20:69:04:20. Course provider reporting requirements. The course provider shall submit a list of participants to the commission within ten days after completion of a course. The course provider shall provide a course evaluat…

Rule 20:69:04:21 Preregistration allowed -- Notice of cancellation required. 20:69:04:21. Preregistration allowed -- Notice of cancellation required. A course provider offering approved prelicensing education courses may require preregistration with a registration cutoff date. Th…

Rule 20:69:04:22 Application for approval of distance education or independent study course. 20:69:04:22. Application for approval of distance education or independent study course. A course provider desiring to give approved independent study or distance education courses to pro…

Rule 20:69:04:23 Additional requirements for distance education course offerings. 20:69:04:23. Additional requirements for distance education course offerings. In addition to the requirements of § 20:69:04:21, an application for approval of a distance education course must includ…

Rule 20:69:04:24 Distance education defined. 20:69:04:24. Distance education defined. As used in this chapter, a distance education course is one in which instruction takes place in other than a traditional classroom setting, the instructor and student are in physically separate …

Rule 20:69:04:25 Independent study defined. 20:69:04:25. Independent study defined. As used in this chapter, an independent study is a course in which no interaction with an instructor is planned or implied as part of the learning process. Source: 28 SDR 28, effective September 2…

Rule 20:69:04:26 Standards for distance education. 20:69:04:26. Standards for distance education. A distance education course must provide mastery of the material. The course must: (1) Divide the material into major learning units, each of which is further divided into modules of…

Rule 20:69:04:27 Criteria for distance education or independent study course approval. 20:69:04:27. Criteria for distance education or independent study course approval. The commission may approve any prelicensing course that is provided by a public or private school, organizatio…

Rule 20:69:04:28 Student certification required. 20:69:04:28. Student certification required. Any school offering an approved distance education or independent study course must obtain from each student a statement attesting that all assignments and examinations completed are the…

Rule 20:69:04:29 Material change. 20:69:04:29. Material change. A course provider of an approved real estate course shall immediately notify the commission of any material change contained in the application for approval or in the attached exhibits. A course provider may seek app…

20:69:05:01. Complaints authorized -- Procedure following filing -- Electronic filing. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 7, effective July 30, 1975; 3 SDR 34, effective November 3, 1976; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12…

20:69:05:01.01. Commission staff to investigate complaints. Repealed. Source: 44 SDR 71, effective October 24, 2017; 48 SDR 60, effective December 6, 2021.

20:69:05:02. Dismissal of complaint. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 7, effective July 30, 1975; 5 SDR 21, effective September 21, 1978; 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…

20:69:05:03. Informal disposition. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 7, effective July 30, 1975; 5 SDR 21, effective September 21, 1978; 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 S…

20:69:05:04. Assurance of voluntary compliance or consent order. Repealed. Source: 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:06:03.01, 20 SDR 18, effective August 16, 19…

20:69:05:05. Formal proceedings. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 7, effective July 30, 1975; 5 SDR 21, effective September 21, 1978; 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…

Rule 20:69:05:06 Repealed. 20:69:05:06. Contents of commission complaint. 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; transferred from § 20:56:06:05, 20 SDR…

Rule 20:69:05:07 Repealed. 20:69:05:07. Date of hearing. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 7, effective July 30, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:06:07, 20 SDR 18, effective August 16, 1993; 44 SDR 71, effective October 24,…

20:69:05:08. Answer. Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 3, 1976; 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, effective January 10, 1989; transferred fr…

20:69:05:09. Disqualification. 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; transferred from § 20:56:06:09, 20 SDR 18, effective August 16, 1993; 48 SDR 60, …

20:69:05:10. Per diem and mileage. Repealed. Source: 2 SDR 7, effective July 30, 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, effective January 10, 1989; transferred from § 20:56:…

20:69:05:11. Final action by commission. Repealed. Source: 2 SDR 7, effective July 30, 1975; 5 SDR 21, effective September 21, 1978; 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, effecti…

Rule 20:69:06:01 Transferred. 20:69:06:01. Transferred to § 20:69:06:07. Rule 20:69:06:01.01 Definitions. 20:69:06:01.01. Definitions. Terms used in this chapter mean: (1) "Absentee bid," a procedure that allows a bidder to participate in the bidding without being physically pres…

Rule 20:69:06:01.01 Definitions. 20:69:06:01.01. Definitions. Terms used in this chapter mean: (1) "Absentee bid," a procedure that allows a bidder to participate in the bidding without being physically present; (2) "Absolute auction," an auction in which the property is sold to …