South Dakota Administrative Code

Rule 20:73:06:07 Approved continuing education programs. 20:73:06:07. 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 20:73:06:08 Credit for presentations and publications. 20:73:06:08. 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 c…

Rule 20:73:07:01 Ethical standards. 20:73:07:01. 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 20:73:08:01 Definitions. 20:73:08:01. Definitions. As used in this chapter: (1) "Electronic means" means any technology used to provide or receive counseling services; and (2) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, amended January 1, 2…

Rule 20:73:08:02 Standards for counseling through electronic means. 20:73:08:02. Standards for counseling through electronic means. Counseling provided through electronic means must adhere to the requirements of this article, HIPAA regulations, and the ethical requirements of cha…

Rule 20:74:01:01 Petition for declaratory ruling. 20:74:01:01. 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 20:74:01:02 Commission action on petition. 20:74:01:02 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 o…

Rule 20:74:01:03 Petition for contested case hearing. 20:74:01:03. 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 20:74:01:04 Petition for review of decision on contested case. 20:74:01:04. Petition for review of decision on contested case. Within ten days after receipt of the commission's decision, a party to the hearing may file a petition with the commission for review of its decisio…

Rule 20:74:02:01 Authority to take examination. 20:74:02:01. Authority to take examination. A person may not take the home inspector examination unless the person has completed the prescribed prerequisite education and registered to take the examination on a form provided by the …

Rule 20:74:02:02 Registering for examination. 20:74:02:02. Registering for examination. A person registering to take the home inspector examination must complete the prerequisite education before submitting the registration. Source: 27 SDR 7, effective January 1, 2001. General Au…

Rule 20:74:02:03 Administration of examination. 20:74:02:03. Administration of examination. The licensing examination shall be conducted under the supervision of the executive director of the commission. Before beginning the examination, the person must state in writing that the …

Rule 20:74:02:04 Passing score on licensing examination. 20:74:02:04. Passing score on licensing examination. The passing score on the examination is 75. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(4). Law Implemented:SDCL 36-21C-6(4).

Rule 20:74:02:05 Cheating on examination. 20:74:02:05. Cheating on examination. The examination of any person who is caught cheating during an examination is void. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(4). Law Implemented:SDCL 36-21C-6(4).

Rule 20:74:02:06 Application for registration. 20:74:02:06. Application for registration. An applicant for registration 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 having passed the e…

Rule 20:74:02:07 Application for license. 20:74:02:07. Application for license. 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 having passed the examination. Sou…

Rule 20:74:02:08 Application fee. 20:74:02:08. Application fee. The application fee for a home inspector's license or registration is $200. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(3). Law Implemented:SDCL 36-21C-6(3).

Rule 20:74:02:09 Biennial renewal fee. 20:74:02:09. Biennial renewal fee. The biennial renewal fee for a home inspector's license or registration is $100. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(3). Law Implemented:SDCL 36-21C-6(3).

Rule 20:74:02:10 Replacement of license. 20:74:02:10. Replacement of license. If a license or registration certificate is lost, misplaced, stolen, or destroyed, the home inspector shall immediately report that fact to the commission in writing. Upon the commission's receipt of th…

Rule 20:74:02:11 Reciprocal agreements. 20:74:02:11. Reciprocal agreements. The commission may enter into written agreement with other states with standards equivalent to those of this state for the purpose of licensing by reciprocity. Source: 27 SDR 7, effective January 1, 2001.…

Rule 20:74:02:12 Application by reciprocity -- Certificate of licensure required. 20:74:02:12. Application by reciprocity -- Certificate of licensure required. An applicant for registration or license by reciprocity shall file an application on a form provided by the commission a…

Rule 20:74:03:01 Application for approval of classroom instruction -- Fee required. 20:74:03:01. Application for approval of classroom instruction -- Fee required. A course provider who wishes to provide classroom instruction to prospective home inspectors shall apply on a form p…

Rule 20:74:03:01.01 Criteria for approval of classroom instruction. 20:74:03:01.01. 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 20:74:03:02 Contents of home inspection course. 20:74:03:02. Contents of home inspection course. The home inspection course is a general course of the principles of home inspection and must be at least 40 hours long. The commission may vary the course from time to time. The …

Rule 20:74:03:03 Qualifications for classroom instructor. 20:74:03:03. Qualifications for classroom instructor. Each course provider shall file an application for approval for each classroom course and an application for each instructor. Each instructor must have at least one of …

Rule 20:74:03:03.01 Instructors. 20:74:03:03.01. Instructors. No instructor may teach prelicensing courses unless approved, by name, by the commission. However, a guest speaker may teach designated sections of a prelicensing course pursuant to § 20:74:03:03.02. Source: 28 SDR 28,…

Rule 20:74:03:03.02 Application for approval of instructor -- Guest speakers exempt. 20:74:03:03.02. 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 20:74:03:03.03 Utilization of guest speakers -- Résumé to accompany course application. 20:74:03:03.03. 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 20:74:03:03.04 Certificate of instructor approval -- Approval certificates not issued to guest speakers. 20:74:03:03.04. Certificate of instructor approval -- Approval certificates not issued to guest speakers. The commission shall grant a certificate of approval for each in…

Rule 20:74:03:04 Educational facilities. 20:74:03:04. Educational facilities. Any provider of an approved course must have the classrooms and other facilities and personnel necessary to implement the program. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-…

Rule 20:74:03:05 Instructional techniques. 20:74:03:05. 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 an inst…

Rule 20:74:03:06 Approval of classroom instruction, distance education, or independent study course. 20:74:03:06. Approval of classroom instruction, distance education, or independent study course. The commission shall notify the applicant in writing of its decision to grant or d…

Rule 20:74:03:07 Classroom hour. 20:74:03:07. Classroom hour. A classroom hour is a period of at least 50 minutes of actual classroom instruction. Additional study assignments are not counted as hours of classroom instruction. Source: 27 SDR 7, effective January 1, 2001. General …

Rule 20:74:03:08 Hours of instruction. 20:74:03:08. Hours of instruction. No more than eight hours of instruction may be offered in one day. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(1). Law Implemented:SDCL 36-21C-6(1).

Rule 20:74:03:09 Certificate of approval. 20:74:03:09. Certificate of approval. The commission shall grant a certificate of approval for each course approved by the commission. The certificate is valid for three years. Source: 27 SDR 7, effective January 1, 2001. General Authorit…

Rule 20:74:03:10 Examination. 20:74:03:10. 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: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(1). Law Implem…

Rule 20:74:03:11 Reexamination. 20:74:03:11. Reexamination. A candidate for a license who fails the final examination of a prelicensing course may retake the examination without retaking the prelicensing education. Source: 27 SDR 7, effective January 1, 2001; 28 SDR 28, effective…

Rule 20:74:03:12 Schedule. 20:74:03:12. Schedule. A course provider shall furnish a schedule of all courses offered, including the date, time, and place where they will be offered, to the commission before the courses begin. Source: 27 SDR 7, effective January 1, 2001. General Au…

Rule 20:74:03:13 Auditing. 20:74:03:13. Auditing. The commission may audit courses. A course audit may include an examination of the facilities, instructional materials, instructional techniques and teaching aids utilized, organization and effect of the classroom presentation, ac…

Rule 20:74:03:14 Withdrawal of course or instructor approval. 20:74:03:14. Withdrawal of course or instructor approval. If the commission at any time determines that an instructor or course is not continuing to meet the requirements of SDCL chapter 36-21C and this chapter, it sha…

Rule 20:74:03:14.01 Denial of course or instructor approval. 20:74:03:14.01. Denial of course or instructor approval. The commission may deny approval of a home inspection course or instructor if it is determined that either is not in compliance with SDCL chapter 36-21C and this …

Rule 20:74:03:15 Withdrawal of approval for inactivity. 20:74:03:15. 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: 27 SDR 7, effective January 1, 2001. General Authority:SDCL…

Rule 20:74:03:16 Conditions for credit for alternative courses. 20:74:03:16. Conditions for credit for alternative courses. A person may apply to the commission for credit for courses on home inspection based on satisfactory completion of a similar course at one of the following …

Rule 20:74:03:17 Application for credit for alternative courses. 20:74:03:17. Application for credit for alternative courses. An application for credit under § 20:74:03:04 must be accompanied by an authenticated transcript from the college, university, vocational school, or preli…

Rule 20:74:03:18 Credit for previously unapproved courses. 20:74:03:18. Credit for previously unapproved courses. A person completing a course, either classroom, distance education, or independent study, which has not received prior commission approval shall submit a complete lis…

Rule 20:74:03:19 Prelicensing education certificate of attendance. 20:74:03:19. Prelicensing education certificate of attendance. A course provider shall provide an individual certificate of attendance to each licensee upon completion of the prelicensing course. The certificate s…

Rule 20:74:03:20 Course provider reporting requirements. 20:74:03:20. Course provider reporting requirements. A 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 evaluatio…