South Dakota Administrative Code

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…

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-…