South Dakota Administrative Code

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 …

Rule 20:69:06:02 Auctioneers -- License required. 20:69:06:02. Auctioneers -- License required. A restricted broker's license, referred to in this chapter as an auctioneer's license, is required for any person not licensed as a real estate broker who is acting as a real estate au…

20:69:06:03. Qualifications of applicants. An applicant for a real estate auctioneer’s license, in addition to the other requirements in SDCL chapter 36-21A, shall furnish evidence of completion of one hundred and sixteen classroom hours within the two years before the date of ap…

Rule 20:69:06:04 Duties of auctioneer. 20:69:06:04. Duties of auctioneer. An auctioneer may list, advertise, show, and sell real property or business opportunities at auction only. An auctioneer may also close a real estate auction sale. Source: 1 SDR 33, effective January 1, 197…

Rule 20:69:06:05 Listings to be in writing. 20:69:06:05. Listings to be in writing. Any contract listing a property for sale with an auctioneer must be in writing. Each written listing agreement shall show the legal description of the property; the compensation to be received by …

Rule 20:69:06:06 Auction advertisements. 20:69:06:06. Auction advertisements. An auctioneer who advertises shall comply with the following requirements: (1) Auction advertisements must disclose the names and types of licenses held by all licensees involved in the transaction; (2)…

Rule 20:69:06:07 Auction sale procedure. 20:69:06:07. Auction sale procedure. A real estate auction may not begin until the announced and advertised time and date, and may only occur at the announced and advertised place of the sale. All efforts of selling shall cease at the end …

Rule 20:69:06:07.01 Auction with reserve sale procedure. 20:69:06:07.01. Auction with reserve sale procedure. In an auction with reserve, the auctioneer may withdraw the real estate being offered for sale at any time until announcing completion of the sale. If the seller or an au…

Rule 20:69:06:07.02 Absolute auction sale procedure. 20:69:06:07.02. Absolute auction sale procedure. In an absolute auction, the seller or anyone acting upon behalf of the seller may not bid at the absolute auction or otherwise participate in the bidding process. The real estate…

Rule 20:69:06:07.03 Secured party or lien holder not prohibited from bidding at an absolute auction -- Conditions. 20:69:06:07.03. Secured party or lien holder not prohibited from bidding at an absolute auction -- Conditions. Compliance with § 20:69:06:07.02 does not prohibit a s…

Rule 20:69:06:07.04 Internet auction sale procedure. 20:69:06:07.04. Internet auction sale procedure. In an Internet auction sale, the auctioneer must validate a buyer's capability to participate in the sale by obtaining the buyer's name, address, e-mail address, phone number, an…

Rule 20:69:06:08 Auctioneer to maintain records. 20:69:06:08. Auctioneer to maintain records. An auctioneer must maintain copies of all agreements, listing contracts, handbills, advertisements, and other pertinent records, including closing statements if the auctioneer represente…

20:69:06:09. Certain acts prohibited. Prohibited acts by an auctioneer include the following: (1) Knowingly receiving or using a rafter bid, puffing of a bid, or any type of bid rigging such as utilizing the services of a shill; (2) Knowingly permitting an unlicensed individual t…

Rule 20:69:06:10 Rules applicable to real estate brokers, broker associates, and salesperson. 20:69:06:10. Rules applicable to real estate brokers, broker associates, and salespersons A real estate broker, broker associate, or salesperson acting as an auctioneer must follow the p…

Rule 20:69:07:01 Notice of intent to sell domestic condominium. 20:69:07:01. Notice of intent to sell domestic condominium. When a domestic condominium project is offered for sale in this state, the developer shall notify the commission in writing of the intention to sell the off…

Rule 20:69:07:02 Rejection of filing. 20:69:07:02. Rejection of filing. The commission may reject a filing that does not have the notice of intent to sell, does not have a questionnaire properly completed by the developer, or does not include the fee required in SDCL 43-15A-11 an…

Rule 20:69:07:03 Properly filed defined. 20:69:07:03. Properly filed defined. A notice of intent to sell is not properly filed until the commission has notified the developers in writing that all necessary requirements have been met. Source: 3 SDR 34, effective November 3, 1976; …

Rule 20:69:07:04 Inspection fee. 20:69:07:04. Inspection fee. An estimated inspection fee in the amount of $100 for each $300,000 value of the project must be included with the notice of intent. Source: 3 SDR 34, effective November 3, 1976; 12 SDR 102, effective December 22, 1985…

Rule 20:69:07:05 Rejection for insufficient funds check. 20:69:07:05. Rejection for insufficient funds check. The commission shall reject any notice of intent to sell if it is accompanied by an insufficient funds check for either the registration fee or inspection fee or both. So…

Rule 20:69:07:06 Deposit and expenditure of fees. 20:69:07:06. Deposit and expenditure of fees. The commission shall deposit the fees that it collects in the enforcement of SDCL 43-15A in the general fund of the commission and shall expend them to defray the costs of registration…