South Dakota Administrative Code

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…

Rule 20:74:06:14 Stove and fireplace components for inspection -- Exclusions. 20:74:06:14. Stove and fireplace components for inspection -- Exclusions. A home inspector shall inspect stove and fireplace components as follows: (1) The inspector shall observe and report on the foll…

Rule 20:74:06:15 Ventilation and insulation components for inspection -- Exclusions. 20:74:06:15. Ventilation and insulation components for inspection -- Exclusions. A home inspector shall inspect ventilation and insulation components as follows: (1) The inspector shall observe a…

Rule 20:75:01:01 Definitions. 20:75:01:01. Definitions. Terms used in this article mean: (1) "Accounting services," accounting, attest, tax, or management advisory services, and academia; (2) "AICPA," the American Institute of Certified Public Accountants; (3) "Attest," as define…

Rule 20:75:01:02 Board meetings -- Elections. 20:75:01:02. Board meetings -- Elections. The board shall elect a chair, vice-chair, and secretary-treasurer annually at the first meeting of the fiscal year, which shall be held in July or August. The board shall meet at other times …

Rule 20:75:01:03 Notice. 20:75:01:03. Notice. The secretary-treasurer shall give written notice of any meeting, except an emergency meeting, at least seven calendar days before the meeting by personal delivery or mailed to each board member at the address shown on the records of …

Rule 20:75:01:04 Emergency meetings. 20:75:01:04. Emergency meetings. The board may hold an emergency meeting if the nature of the emergency is stated in the notice and in the minutes and formal action taken at the meeting pertains only to the emergency. Source: 29 SDR 16, effect…

Rule 20:75:01:05 Duties of chair and vice-chair. 20:75:01:05. Duties of chair and vice-chair. The chair shall preside at all meetings and shall perform other duties as the board directs. In the absence or disability of the chair, the vice-chair shall perform the duties of the cha…

Rule 20:75:01:06 Duties of secretary-treasurer -- Records. 20:75:01:06. Duties of secretary-treasurer -- Records. The secretary-treasurer shall have charge of the funds and shall keep a record of the business and transactions of the board. The records kept shall include any appli…

Rule 20:75:01:07 Discretion to waive certain requirements. 20:75:01:07. Discretion to waive certain requirements. Upon good cause shown by the applicant or licensee, the board may waive any application or administrative fees or any deadlines set in this article. For the purpose o…

Rule 20:75:02:01 Initial and reexamination applicants. 20:75:02:01. Initial and reexamination applicants. For the purpose of this chapter, an initial applicant is an applicant who meets the following criteria: (1) Has not previously applied to the board as an examination candidat…

Rule 20:75:02:02 Application for examination. 20:75:02:02. Application for examination. Each candidate shall file a complete application. A complete application is one that is properly filled out, accompanied by payment of fees required by the board, and, if an initial applicatio…

20:75:02:03. Examination fees. Upon good cause shown by the applicant, in accordance with § 20:75:01:07, the board may allow examination fees paid to the board to be transferred to a subsequent examination or session, but fees collected by the board for payment to third party ent…

20:75:02:04. Education. For the purpose of satisfying the education requirements in SDCL 36-20B-15, a semester credit hour means a traditional college semester hour. A quarter credit hour may be converted to a semester credit hour by multiplying the quarter hour by two-thirds. Bo…

Rule 20:75:02:05 Misconduct during examination. 20:75:02:05. Misconduct during examination. The board or its representative who is administering the examination may expel an applicant from further participation in the examination because of misconduct during the examination. The …

Rule 20:75:02:06 Request for accommodation of disability. 20:75:02:06. Request for accommodation of disability. The board shall accommodate the identified needs of qualified individuals with disabilities by making reasonable modifications or providing auxiliary aids or services. …

Rule 20:75:02:07 Definition of disability -- Learning disability. 20:75:02:07. Definition of disability -- Learning disability. A disability is a physical or mental impairment that substantially limits one or more of the major life activities of an individual; having a record of …

Rule 20:75:02:08 Qualifications of evaluator for physical or mental disabilities. 20:75:02:08. Qualifications of evaluator for physical or mental disabilities. The evaluator for physical or mental disabilities must have special expertise in the area of disability and must be a li…

Rule 20:75:02:09 Qualifications of evaluator for learning disabilities. 20:75:02:09. Qualifications of evaluator for learning disabilities. The evaluator for learning disabilities must be either a licensed psychologist or licensed physician who possesses a minimum of three years …

Rule 20:75:02:10 Professional verification of the disability. 20:75:02:10. Professional verification of the disability. The professional verification of the disability must include the following: (1) The nature and extent of the disability; (2) The tests performed to diagnose the…

Rule 20:75:02:11 Applicant of another jurisdiction -- Fee. 20:75:02:11. Applicant of another jurisdiction -- Fee. Repealed. Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004; repealed, 33 SDR 107, effective December 26, 2006.

20:75:02:12. Recognized colleges and universities. For the purpose of evaluating the education requirements of an applicant for a certificate under SDCL 36-20B-15, the board shall recognize a junior college, college, or university accredited at the time the applicant's degree was…

Rule 20:75:02:13 Non-accredited institutions. 20:75:02:13. Non-accredited institutions. If an institution was not accredited at the time an applicant's degree was received but was accredited at the time the application was filed with the board, the institution will be recognized …

20:75:02:14. Examination -- Grades. The examination required by SDCL 36-20B-18 must test the candidate's knowledge and skills required for performance as an entry-level certified public accountant. The examination must include the subject areas of accounting, auditing, business l…

Rule 20:75:02:15 Repealed. 20:75:02:15. Review of examination papers. Repealed. Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004; repealed, 33 SDR 107, effective December 26, 2006.

Rule 20:75:02:16 Repealed. 20:75:02:16. Procedure for questions about examination content. Repealed. Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004; repealed, 33 SDR 107, effective December 26, 2006.

Rule 20:75:02:17 Confidentiality of examination questions -- Failure to comply. 20:75:02:17. Confidentiality of examination questions -- Failure to comply. Each individual taking the examination and each proctor must sign an attestation statement agreeing not to convey or divulge…

Rule 20:75:02:18 Repealed. 20:75:02:18. Expiration of conditional credit for candidates accepted under educational requirement effective prior to January 1, 1998. Repealed. Source: 29 SDR 16, effective August 14, 2002; 30 SDR 119, effective February 9, 2004; repealed, 35 SDR 305,…

Rule 20:75:02:19 Repealed. 20:75:02:19. Transitional credit. Repealed. Source: 30 SDR 119, effective February 9, 2004; 33 SDR 107, effective December 26, 2006; repealed, 35 SDR 305, effective July 1, 2009.

Rule 20:75:02:20 Rescore request and fees. 20:75:02:20. Rescore request and fees. A candidate may request a review of the scores the candidate earned within 30 days of the most recent examination taken. Any candidate requesting a rescore must do so in writing within 30 days from …

Rule 20:75:02:21 Candidate score appeal and fees. 20:75:02:21. Candidate score appeal and fees. Appeal sessions are conducted at the office of the National Association of State Boards of Accountancy in Nashville, Tennessee. Any candidate requesting an appeal must submit an appeal…

20:75:03:01. Application for initial certificate and replacement certificate -- Fees. An applicant for a certificate shall submit a completed application on forms provided by the board. An application is not complete until the applicable fee is received by the board. An applicant…