South Dakota Administrative Code

Rule 20:74:04:09 Criteria for continuing education course approval. 20:74:04:09. Criteria for continuing education course approval. The commission may approve any course, seminar, conference, or equivalent that is provided by the commission, a public or private school, an organiz…

Rule 20:74:04:10 Criteria for distance education or independent study course approval. 20:74:04:10. Criteria for distance education or independent study course approval. The commission may approve any course that is provided by the commission, a public or private school, an organ…

Rule 20:74:04:11 Application for approval of classroom instruction -- Fee required. 20:74:04:11. Application for approval of classroom instruction -- Fee required. An application for approval of a course shall be on a form provided by the commission. The application must be filed…

Rule 20:74:04:12 Application for approval of distance education or independent study courses -- Fee required. 20:74:04:12. Application for approval of distance education or independent study courses -- Fee required. An application for approval of a distance education or independe…

Rule 20:74:04:13 Additional requirements for a distance education course. 20:74:04:13. Additional requirements for a distance education course. In addition to the requirements of § 20:74:04:12, an application for approval of a distance education course must include the following:…

Rule 20:74:04:14 Student certification required. 20:74:04:14. Student certification required. Any course provider offering an approved distance education or independent study course must obtain from each student a certification statement substantially as follows: "I certify that …

Rule 20:74:04:15 Approval of out-of-state courses. 20:74:04:15. Approval of out-of-state courses. If a South Dakota home inspector enrolls in a continuing education course approved by and offered in another state, that course may be used to meet continuing education requirements …

Rule 20:74:04:16 ARELLO certified courses approved for continuing education. 20:74:04:16. ARELLO certified courses approved for continuing education. The commission may approve courses certified by the Association of Real Estate License Law Officials if appropriate documentation …

Rule 20:74:04:17 Certificate of approval. 20:74:04:17. Certificate of approval. The commission shall grant a certificate of approval for each course approved by the commission. The certificate remains valid for three years. A certificate of approval for a seminar course shall be …

Rule 20:74:04:18 Material change. 20:74:04:18. Material change. A course provider of each approved home inspector course shall immediately notify the commission of any material changes contained in the application for approval or in the attached exhibits. A course provider may se…

Rule 20:74:04:19 Denial of course or instructor approval. 20:74:04:19. Denial of course or instructor approval. The commission may deny approval of a home inspector course or instructor if it is determined that either is not in compliance with SDCL chapter 36-21C and this article…

Rule 20:74:04:19.01 Withdrawal of course or instructor approval. 20:74:04:19.01. Withdrawal of course or instructor approval. If the commission at any time determines that a course or an instructor approved pursuant to chapter 20:74:04 is not continuing to meet the requirements o…

Rule 20:74:04:20 Course credit. 20:74:04:20. Course credit. Credit for completion of a course may be given only once to a home inspector during a reporting period. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(1). Law Implemented:SDCL 36-21C-6(1).

Rule 20:74:04:21 Facilities. 20:74:04:21. Facilities. Each course provider must have the classrooms, facilities, equipment, and personnel necessary to implement the offerings. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(1). Law Implemented:SDCL 36…

Rule 20:74:04:21.01 Schedule. 20:74:04:21.01. Schedule. The course provider shall furnish a schedule of all courses, including the date, time, and place where they will be offered, to the commission before the courses begin. Source: 28 SDR 28, effective September 2, 2001. General…

Rule 20:74:04:22 Auditing. 20:74:04:22. Auditing. The commission or its representatives may audit courses. A course audit may include, but not limited to, a review of the facilities, instructional materials, instructional techniques and teaching aids utilized, organization and ef…

Rule 20:74:04:23 Continuing education certificate of attendance -- Course evaluation. 20:74:04:23. Continuing education certificate of attendance -- Course evaluation. A course provider shall provide an individual certificate of attendance to each home inspector upon completion o…

Rule 20:74:04:23.01 Course provider reporting requirements. 20:74:04:23.01. 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 must provide a course eval…

Rule 20:74:04:24 Certificate retention. 20:74:04:24. Certificate retention. The licensee shall retain the attendance certificate provided upon course completion until the next license renewal period has been completed. Source: 27 SDR 7, effective January 1, 2001. General Authorit…

Rule 20:74:04:25 Instructor report. 20:74:04:25. Instructor report. The course provider or instructor must submit a list of participants to the commission within ten days after completion of a course. Source: 27 SDR 7, effective January 1, 2001. General Authority:SDCL 36-21C-6(1)…

Rule 20:74:04:26 Preregistration allowed -- Notice of cancellation required. 20:74:04:26. Preregistration allowed -- Notice of cancellation required. A course provider offering approved continuing education courses may require preregistration with a registration cutoff date. The …

Rule 20:74:04:27 Limit on independent study courses. 20:74:04:27. Limit on independent study courses. No more than six hours of independent study courses may be used in any one period to fulfill continuing education requirements. Source: 27 SDR 7, effective January 1, 2001. Gener…

Rule 20:74:04:28 Classroom, distance education, and independent study course application fees. 20:74:04:28. Classroom, distance education, and independent study course application fees. Course application fees include the following: Initial Approval Renewal Classroom $ 75.00 $50.…

Rule 20:74:04:29 Instructors. 20:74:04:29. Instructors. No instructor unless approved, by name, by the commission may teach continuing education courses. This section does not apply to guest speakers as provided for in § 20:74:04:31. Source: 28 SDR 28, effective September 2, 2001…

Rule 20:74:04:30 Application for approval of instructors -- Guest speakers exempt. 20:74:04:30. Application for approval of instructors -- Guest speakers exempt. An applicant for instructor approval shall apply on a form provided by the commission. A guest speaker is exempt from …

Rule 20:74:04:31 Utilization of guest speakers -- Résumé to accompany course application. 20:74:04:31. 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 course …

Rule 20:74:04:32 Certificate of instructor approval -- Approval certificates not issued to guest speakers. 20:74:04:32. Certificate of instructor approval -- Approval certificates not issued to guest speakers. The commission shall grant a certificate of approval for each instruct…

Rule 20:74:05:01 Complaints authorized -- Procedure following filing. 20:74:05:01. Complaints authorized -- Procedure following filing. Any person claiming that a home inspector has engaged or is engaging in conduct constituting grounds for disciplinary action may file with the e…

Rule 20:74:05:02 Dismissal of complaint. 20:74:05:02. Dismissal of complaint. After receipt of the answer to the complaint specified in § 20:74:05:01 or after the time has expired for the home inspector complained against to answer, the executive director shall submit the complai…

Rule 20:74:05:03 Informal consultation. 20:74:05:03. Informal consultation. If the commission considers the complaint to be of a serious nature constituting grounds for disciplinary action, it may, in its discretion, consult with the party or parties affected in an effort to reso…

Rule 20:74:05:04 Assurance of voluntary compliance. 20:74:05:04. Assurance of voluntary compliance. In the enforcement of this chapter, the commission may accept an assurance of voluntary compliance regarding any act or practice alleged to violate this article or SDCL chapter 36-…

Rule 20:74:05:05 Formal proceedings. 20:74:05:05. Formal proceedings. If the commission decides to conduct a formal hearing after a complaint has been filed and after any informal consultation, the commission shall mail a formal complaint issued in its name and a notice of hearin…

Rule 20:74:05:06 Contents of commission complaint. 20:74:05:06. Contents of commission complaint. The commission complaint shall contain the name of the home inspector complained against, the name and address of the person making the complaint, the details of the conduct complain…

Rule 20:74:05:07 Answer. 20:74:05:07. Answer. The home inspector may file prior to or submit at the time of hearing an answer admitting, denying, qualifying, or explaining any of the facts contained in the formal commission complaint. The answer must be filed within 20 days after…

Rule 20:74:05:08 Disqualification. 20:74:05:08. Disqualification. If the complaint referred to in § 20:74:05:01 was filed by a commission member, that commission member is disqualified from sitting at the hearing as a commission member and from participating in the decision made …

20:74:05:09. Per diem and mileage. The commission may authorize per diem and mileage for complainants and affected parties at informal consultations and for complainants and witnesses at formal hearings. The per diem may not exceed the amount specified in SDCL 19-5-1 and the mile…

Rule 20:74:05:10 Final action by commission. 20:74:05:10. Final action by commission. After hearing the evidence and arriving at a decision that unprofessional conduct has been proven, the commission may levy a fine, revoke the license, suspend the license, issue a letter of repr…

Rule 20:74:06:01 Standards of practice -- Applicability. 20:74:06:01. Standards of practice -- Applicability. Standards of practice for home inspectors are standards by which home inspectors operate their business, provide inspection guidelines, make public the services provided …

Rule 20:74:06:02 Code of ethics. 20:74:06:02. Code of ethics. A home inspector shall adhere to the following guidelines of behavior: (1) A home inspector shall: (a) Comply with all applicable state laws and regulations; and (b) Disclose promptly to a client information about any …

Rule 20:74:06:03 Written contract. 20:74:06:03. Written contract. Any contract for inspection shall be in writing and shall contain the following: (1) The signature of the client or the client's representative, and a representative of the inspection company; (2) A list of the gen…

Rule 20:74:06:04 Purpose and scope of inspections. 20:74:06:04. Purpose and scope of inspections. Inspections performed to the standards of practice are intended to provide the client with a better understanding of the property condition as observed at the time of the inspection …

Rule 20:74:06:05 General exclusions and limitations. 20:74:06:05. General exclusions and limitations. The following general exclusions and limitations apply to home inspectors: (1) An inspector is not required to report on: (a) The life expectancy of any component or system; (b) …

Rule 20:74:06:06 Structural components for inspection -- Exclusions. 20:74:06:06. Structural components for inspection -- Exclusions. A home inspector shall inspect structural components as follows: (1) The inspector shall observe and report on the general appearance and conditio…

Rule 20:74:06:07 Exterior components for inspection -- Exclusions. 20:74:06:07. Exterior components for inspection -- Exclusions. A home inspector shall inspect exterior components as follows: (1) The inspector shall observe and report on the general appearance and condition of t…

Rule 20:74:06:08 Roofing components for inspection. 20:74:06:08. Roofing components for inspection. A home inspector shall inspect roofing components as follows: (1) The inspector shall observe, when accessible, and report on the general appearance and condition of the following:…

Rule 20:74:06:09 Interior components for inspection -- Exclusions. 20:74:06:09. Interior components for inspection -- Exclusions. A home inspector shall inspect interior components as follows: (1) The inspector shall observe and report on the general appearance and condition of t…

Rule 20:74:06:10 Electrical components for inspection -- Exclusions. 20:74:06:10. Electrical components for inspection -- Exclusions. A home inspector shall inspect electrical components as follows: (1) The inspector shall observe and report on the general appearance and conditio…

Rule 20:74:06:11 Plumbing components for inspection -- Exclusions. 20:74:06:11. Plumbing components for inspection -- Exclusions. A home inspector shall inspect plumbing components as follows: (1) The inspector shall observe and report on the general appearance and condition of t…

Rule 20:74:06:12 Central cooling components for inspection -- Exclusions. 20:74:06:12. Central cooling components for inspection -- Exclusions. A home inspector shall inspect central cooling components as follows: (1) The inspector shall observe and report on the following: (a) T…

Rule 20:74:06:13 Central heating components for inspection -- Exclusions. 20:74:06:13. Central heating components for inspection -- Exclusions. A home inspector shall inspect central heating components as follows: (1) The inspector shall observe and report on the following: (a) T…