South Dakota Administrative Code

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…

Rule 20:74:03:21 Preregistration allowed -- Notice of cancellation required. 20:74:03:21. Preregistration allowed -- Notice of cancellation required. A course provider offering approved prelicensing education courses may require preregistration with a registration cutoff date. Th…

Rule 20:74:03:22 Application for approval of distance education or independent study. 20:74:03:22. Application for approval of distance education or independent study course. A course provider desiring to give approved independent study or distance education courses to prospectiv…

Rule 20:74:03:23 Additional requirements for distance education course offerings. 20:74:03:23. Additional requirements for distance education course offerings. In addition to the requirements of § 20:74:03:21, an application for approval of a distance education course must includ…

Rule 20:74:03:24 Distance education defined. 20:74:03:24. 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 20:74:03:25 Independent study defined. 20:74:03:25. 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 20:74:03:26 Standards for distance education. 20:74:03:26. 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 20:74:03:27 Criteria for distance education or independent study course approval. 20:74:03:27. 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 20:74:03:28 Student certification required. 20:74:03:28. Student certification required. Any school offering an approved distance education or independent study course must obtain from each student a certification statement substantially as follows: "I certify that I have pe…

Rule 20:74:03:29 Material change. 20:74:03:29. Material change. A course provider of an approved home inspection 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…

Rule 20:74:03:30 Classroom, distance education, and independent study course application fees. 20:74:03:30. Classroom, distance education, and independent study course application fees. Course application fees include the following: Initial Approval Renewal Classroom $150.00 $50.…

Rule 20:74:04:01 Continuing education defined. 20:74:04:01. Continuing education defined. As used in this chapter, continuing education means accredited educational experience derived from a licensed or registered home inspector's participation in approved lectures, seminars, or …

Rule 20:74:04:02 Distance education defined. 20:74:04:02. 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 20:74:04:03 Independent study defined. 20:74:04:03. 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: 27 SDR 7, effective January 1, 2…

Rule 20:74:04:04 Interactive defined. 20:74:04:04. Interactive defined. As used in this chapter, interactive means the course structure and technologies promote active student involvement with the course content, including the ability to access or bypass optional content, submit …

Rule 20:74:04:05 Standards for distance education. 20:74:04:05. 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 20:74:04:06 Classroom hour 20:74:04:06. 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; 28 SDR 28…

Rule 20:74:04:06.01 Length of course. 20:74:04:06.01. Length of course. No more than eight hours of instruction may be offered in one day. Source: 28 SDR 28, effective September 2, 2001. General Authority:SDCL 36-21C-6(1). Law Implemented:SDCL 36-21C-6(1).

Rule 20:74:04:07 Requirements -- Exceptions. 20:74:04:07. Requirements -- Exceptions. A home inspector licensed or registered by the commission must complete 24 hours of continuing education requirements at time of renewal of the license or registration. A home inspector who has …

Rule 20:74:04:08 Exceptions and extensions. 20:74:04:08. Exceptions and extensions. The commission may make exceptions and grant extensions for continuing education for reasons of health, military service, or other good cause if proof is provided to the commission. The commission…