South Dakota Administrative Code

Rule 20:69:14:09 Powers of commission in disciplinary matters. 20:69:14:09. Powers of commission in disciplinary matters. The commission shall discipline a property manager in the same manner as it disciplines a licensed real estate broker or salesperson. Source: 15 SDR 100, effe…

Rule 20:69:14:10 Broker subject to chapter. 20:69:14:10. Broker subject to chapter. A real estate broker who acts as a property manager is subject to the provisions of this chapter. Source: 15 SDR 100, effective January 10, 1989; transferred from § 20:56:22:35, 20 SDR 18, effecti…

Rule 20:69:14:11 Financial obligations and records. 20:69:14:11. Financial obligations and records. A property manager must deposit all security deposits, damage deposits, advance fees, and rental proceeds received in a federally insured financial institution and must make a full…

Rule 20:69:14:12 Property management accounting. 20:69:14:12. Property management accounting. A property manager shall prepare and maintain a receipts and disbursements journal or a check register for each trust account. Tenant security deposits must be maintained as a separate b…

Rule 20:69:14:13 Required continuing education during initial biennial licesning cycle. 20:69:14:13. Required continuing education during initial biennial licensing cycle. Any property manager licensed after January 1, 2019 shall provide to the commission proof of participation i…

Rule 20:69:14.01:01 Residential rental agent license. 20:69:14.01:01. Residential rental agent license. The residential rental agent license is a restricted broker's license pursuant to SDCL 36-21A-47. Source: 27 SDR 7, effective August 3, 2000. General Authority:SDCL 36-21A-12.1…

Rule 20:69:14.01:02 Persons to whom license law applicable. 20:69:14.01:02. Persons to whom license law applicable. A person may not act as a residential rental agent in this state unless the person holds a residential rental agent license pursuant to this chapter or is a real es…

Rule 20:69:14.01:03 Application for license. 20:69:14.01:03. Application for license. An applicant for a residential rental agent license must file an application on a form provided by the commission. Source: 27 SDR 7, effective August 3, 2000. General Authority:SDCL 36-21A-12.1.…

Rule 20:69:14.01:04 Application fee. 20:69:14.01:04. Application fee. The application fee for a residential rental agent license is $60. Source: 27 SDR 7, effective August 3, 2000. General Authority:SDCL 36-21A-49. Law Implemented:SDCL 36-21A-12.1.

Rule 20:69:14.01:05 Qualifications for license. 20:69:14.01:05. Qualifications for license. A person may obtain a residential rental agent license without education or examination upon approval of the application by the commission and payment of the fee. Source: 27 SDR 7, effecti…

Rule 20:69:14.01:06 Supervision of residential rental agent. 20:69:14.01:06. Supervision of residential rental agent. A person who holds a residential rental agent license must be under the direct supervision of a property manager or a real estate broker licensed by the commissio…

Rule 20:69:14.01:07 Signing of leases by residential rental agent, if authorized. 20:69:14.01:07. Signing of leases by residential rental agent, if authorized. A residential rental agent may sign leases if authorized by the broker or property manager with whom the residential ren…

Rule 20:69:14.01:08 Biennial renewal. 20:69:14.01:08. Biennial renewal. The biennial renewal fee for a residential rental agent license is $50. Source: 27 SDR 7, effective August 3, 2000. General Authority:SDCL 36-21A-12.1, 36-21A-61. Law Implemented:SDCL 36-21A-61.

Rule 20:69:14.01:09 Powers of commission in disciplinary matters. 20:69:14.01:09. Powers of commission in disciplinary matters. The commission shall discipline a residential rental agent in the same manner as it disciplines a licensed real estate broker or salesperson. Source: 27…

Rule 20:69:14.01:10 Biennial proof by residential rental agent of continuing education. 20:69:14.01:10. Biennial proof by residential rental agent of continuing education. A residential rental agent shall provide to the commission proof of participation in not less than 12 hours …

Rule 20:69:15:01 Definition of terms. 20:69:15:01. Definition of terms. For the purposes of this chapter, a "qualified insurance carrier" is an insurance carrier which maintains an A.M. Best financial size category of class VI or higher and is and will remain, for the policy term…

Rule 20:69:15:02 Insurance required. 20:69:15:02. Insurance required. An applicant for issuance of a license on active status, a licensee renewing a license, or an inactive licensee activating a license must submit proof of insurance coverage through the group plan or through cer…

Rule 20:69:15:03 Minimum standards. 20:69:15:03. Minimum standards. The group policy obtained by the commission shall cover all activities contemplated by SDCL Chapter 36-21A and shall provide, at a minimum, the following terms and conditions: (1) Not less than $100,000 single-li…

Rule 20:69:15:04 Exceptions to coverage. 20:69:15:04. Exceptions to coverage. Except as provided in this section, coverage may not exclude claims brought against the insured licensee arising out of an act or failure to act by the licensee when performing a professional service fo…

Rule 20:69:15:05 Group policy approval requirements. 20:69:15:05. Group policy approval requirements. Any group policy to be issued must conform to the standards and practices of the insurance industry and be approved by the South Dakota Division of Insurance. Source: 20 SDR 18, …

Rule 20:69:15:06 Optional coverage. 20:69:15:06. Optional coverage. An active licensee who chooses the option of obtaining errors and omissions insurance independently from a provider other than the group carrier under contract with the commission must show evidence of coverage b…

Rule 20:69:15:06.01 Standards for optional coverage. 20:69:15:06.01. Standards for optional coverage. A provider issuing insurance coverage pursuant to SDCL 36-21A-122 must be an admitted carrier in South Dakota or in the state in which the licensee being certified resides. All a…

Rule 20:69:15:07 Time for filing of certification of optional coverage. 20:69:15:07. Time for filing of certification of optional coverage. Certification of optional coverage must be filed with the commission by 5:00 p.m. on the date of expiration of coverage. If the certificatio…

Rule 20:69:15:08 Nonpayment of premium. 20:69:15:08. Nonpayment of premium. If a certifying insurance company which submitted certification of optional coverage notifies the commission that a licensee has not paid a premium, the commission shall place that licensee's license on i…

Rule 20:69:15:08.01 Surrender of license for failure to provide proof of insurance. 20:69:15:08.01. Surrender of license for failure to provide proof of insurance. When a licensee receives notice of being placed on inactive status for failure to provide proof of insurance, the li…

Rule 20:69:15:09 Notification required for cancellation. 20:69:15:09. Notification required for cancellation. If insurance under equivalent coverage is to be lapsed or nonrenewed, the providing company must notify the Real Estate Commission of its intent to lapse or nonrenew a mi…

Rule 20:69:15:10 Proof of insurance required to activate license. 20:69:15:10. Proof of insurance required to reactivate license. A licensee whose license has been placed on inactive status for failure to provide proof of insurance may not conduct any activities for which a licen…

Rule 20:69:15:11 Authenticity of coverage. 20:69:15:11. Authenticity of coverage. A licensee may not willfully or knowingly cause or allow a certificate of coverage to be filed with the commission which is false, fraudulent, or misleading. Source: 20 SDR 18, effective August 16, …

Rule 20:69:16:01 Disclosure. CHAPTER 20:69:16 20:69:16:01. Disclosure -- Generally. Disclosures must be made on a form substantially the same as the real estate relationships disclosure form prescribed by the commission. The form shall contain the requirements imposed by SDCL 36-…

Rule 20:69:16:02 Repealed. 20:69:16:02. Open houses.Repealed. Source: 16 SDR 36, effective August 29, 1989; transferred from § 20:56:04:12.02, 20 SDR 18, effective August 16, 1993; transferred from § 20:69:03:18, 21 SDR 125, effective January 23, 1995; repealed, 25 SDR 90, effect…

Rule 20:69:16:03 Appointed agent procedure. CHAPTER 20:69:16 20:69:16:03. Appointed agent procedure. Prior to entering into a listing or agency agreement, a real estate licensee shall notify a client in writing of the real estate brokerage's appointed agent policy and those affil…

Rule 20:69:16:04 Appointed agent disclosure. CHAPTER 20:69:16 20:69:16:04. Appointed agent disclosure. The appointed agent disclosure shall include, at a minimum, the following provisions: (1) The name of any appointed agent; (2) A statement that the appointed agent will represen…

Rule 20:69:16:05 Appointed agent responsibilities. CHAPTER 20:69:16 20:69:16:05. Appointed agent responsibilities. An appointed agent may disclose to the brokerage's responsible broker or designated broker confidential information of a client for the purpose of seeking advice or …

Rule 20:69:16:06 Designated broker. CHAPTER 20:69:16 20:69:16:06. Designated broker. A responsible broker may authorize and appoint a designated broker in a capacity to supervise and assist a licensee appointed to exclusively represent a seller or landlord in a transaction. A res…

Rule 20:69:16:07 Licensee's duty to responsible broker or designated broker. CHAPTER 20:69:16 20:69:16:07. Licensee's duty to responsible broker or designated broker. A licensee shall keep the brokerage's responsible broker or designated broker fully informed of any activity cond…

Rule 20:69:16:08 Responsible broker or designated broker may appoint broker or broker associate to exclusively represent client. CHAPTER 20:69:16 20:69:16:08. Responsible broker or designated broker may appoint broker or broker associate to exclusively represent client. A respons…

Rule 20:69:16:09 Responsible broker or designated broker appointing team to exclusively represent client -- Licensee within team representing both parties to same transaction. CHAPTER 20:69:16 20:69:16:09. Responsible broker or designated broker appointing team to exclusively rep…

Rule 20:69:16:10 Limited agency when appointed agent's client becomes interested in listing procured by responsible broker or designated broker. CHAPTER 20:69:16 20:69:16:10. Limited agency when appointed agent's client becomes interested in listing procured by responsible broker…

Rule 20:69:17:01 Agreements for brokerage services. CHAPTER 20:69:17 20:69:17:01. Agreements for brokerage services. Agreements to perform real estate brokerage services must be on forms substantially the same as the forms prescribed by the commission. The forms must comply with …

Rule 20:69:18:01 Team list required. 20:69:18:01. Team list required. A team leader shall provide a current list of all licensed team members, and any changes to the list of licensed team members, to the responsible broker within 72 hours of making the change. A current record of…

Rule 20:70:01:01 Fees. 20:70:01:01. Fees. The initial fee for a license to practice respiratory care is $75. The biennial fee for renewal of a license is $60. The fee for the late renewal of a license is $95. The fee for a temporary permit is $40. Source: 22 SDR 61, effective Nov…

Rule 20:70:02:01 Continuing education. 20:70:02:01. Continuing education. As a condition of license renewal, respiratory care practitioners must complete at least 20 credit hours of continuing education biennially from a program sponsored by the American Association for Respirato…

Rule 20:70:03:01 Ethics 20:70:03:01. Ethics. A licensee under SDCL chapter 36-4C shall comply with the following code of ethics. ● Demonstrate behavior that reflects integrity, supports objectivity, and fosters trust in the profession and its professionals. ● Seek educational opp…

Rule 20:70:03:02 Violations. 20:70:03:02. Violations. A violation of any of the ethical standards and conduct is considered unprofessional conduct as defined by SDCL 36-4C-15. Source: 41 SDR 180, effective May 21, 2015. General Authority: SDCL 36-4C-14. Law Implemented: SDCL 36-4…

Rule 20:70:03:03 Ethical considerations. 20:70:03:03. Ethical considerations. The board may utilize the annotations and opinions included in the Statement of Ethics and Professional Conduct of the American Association for Respiratory Care as guidance in determining whether a lice…

Rule 20:71:01:01 Definitions. 20:71:01:01. Definitions. Terms defined in SDCL chapter 36-33 have the same meaning when used in this article. Source: 22 SDR 97, effective January 24, 1996; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020. General Authori…

Rule 20:71:02:01 Application requirements. 20:71:02:01. Application requirements. An application for a license, temporary license, renewal of license, inactive license, or reactivated license must use the form prescribed by the board. The applicable application fee and license fe…