South Dakota Administrative Code

20:75:07:11. Report -- Findings for further consideration. Within thirty days after the date of the exit conference, the reviewer must issue a written report and, if applicable, findings for further consideration to the reviewed firm. If the reviewer issues the report after the t…

Rule 20:75:07:12 Response to findings for further consideration. 20:75:07:12. Response to findings for further consideration. The firm under review shall issue a response to findings for further consideration. The response shall contain the following: (1) A statement addressing e…

Rule 20:75:07:13 Repealed. 20:75:07:13. Reviewer's submissions to board -- South Dakota reviews. Repealed. Source: 29 SDR 16, effective August 14, 2002; 36 SDR 216, effective July 6, 2010; 45 SDR 84, effective December 20, 2018 (effective January 1, 2020).

Rule 20:75:07:14 Repealed. 20:75:07:14. Firm's submissions to board -- South Dakota reviews. Repealed. Source: 29 SDR 16, effective August 14, 2002; 35 SDR 165, effective December 22, 2008; 36 SDR 216, effective July 6, 2010; 45 SDR 84, effective December 20, 2018 (effective Janu…

Rule 20:75:07:15 Board's review of reports. 20:75:07:15. Board's review of reports. After receipt of documentation from the reviewer and the firm under review, the board shall review the file and proceed with § 20:75:07:17 or 20:75:07:18. If the board determines that the firm und…

Rule 20:75:07:16 Confidentiality of reports. 20:75:07:16. Confidentiality of reports. The board shall treat the reports of the reviewing firm and all records submitted to that firm by the firm subject to review as confidential information and shall not disclose such information t…

Rule 20:75:07:17 Procedure in case of pass with deficiency or fail report. 20:75:07:17. Procedure in case of pass with deficiency or fail report. If the report is designated pass with deficiency or fail, the board may request additional information or a response from the firm und…

Rule 20:75:07:18 Procedure in case of pass report. 20:75:07:18. Procedure in case of pass report. If the report is designated pass, the board may take no further action or it may request additional information or a response from the firm under review or from the reviewer with reg…

Rule 20:76:01:01 Definitions. 20:76:01:01. Definitions. Terms defined in SDCL chapter 36-35 have the same meaning when used in this article. In addition, terms used in this article mean: (1) "Applicant," any person seeking initial licensure or renewal of a license with the boardb…

Rule 20:76:01:02 Application. 20:76:01:02. Application. An application for licensure, temporary permit, or renewal of a license must be made in writing on a form prescribed by the board. The applicable application fee must be submitted with the application. The application fee is…

Rule 20:76:01:03 Notification. 20:76:01:03. Notification. The board shall take final action upon any application no later than six months after submission of a completed application to the board. The board shall notify the applicant of its determination in writing. If the applica…

Rule 20:76:01:04 Denial. 20:76:01:04. Denial. An application for initial licensure, temporary permit or renewal of a license may be denied for failure to meet the applicable requirements of such license or permit or based on the grounds stated in SDCL 36-35-13. An applicant whose…

Rule 20:76:01:05 Expiration. 20:76:01:05. Expiration. Repealed. Source: 33 SDR 50, effective September 21, 2006; repealed, 37 SDR 29, effective August 30, 2010.

Rule 20:76:01:06 Required training. 20:76:01:06. Required training. An applicant for licensure as a massage therapist shall provide proof of required training on a form prescribed by the board and completed by the recognized facility where the training was received. Official tran…

20:76:02:01. Remittance of fees. Repealed. Source: 33 SDR 50, effective September 21, 2006; 34 SDR 101, effective October 22, 2007; 43 SDR 181, effective July 10, 2017; 49 SDR 130, effective July 6, 2023.

Rule 20:76:02:02 License fee schedule. 20:76:02:02. License fee schedule. The license fee schedule is as follows: (1) Temporary permit fee, $50; (2) Annual license renewal fee, $65; (3) Inactive license fee, $25; (4) Application fee, $100. Source: 33 SDR 50, effective September 2…

Rule 20:76:03:01 Definitions. 20:76:03:01. Definitions. Terms used in this chapter mean: (1) "Contact hour," a minimum of 50 minutes of presentation or participation; (2) "Continuing education cycle," a two year period that begins on October 1 of an even-numbered year and ends on…

Rule 20:76:03:02 Repealed. 20:76:03:02. Requirements. Repealed. Source: 33 SDR 50, effective September 21, 2006; repealed, 34 SDR 101, effective October 22, 2007.

Rule 20:76:03:03 Verification. 20:76:03:03. Verification. A licensee shall complete eight hours of qualifying continuing education in each continuing education cycle. Continuing education reguired for renewal of a license shall be prorated in six month increments for a licensee g…

Rule 20:76:03:04 Qualifying activities. 20:76:03:04. Qualifying activities. Qualifying continuing eduation is any course with a clear purpose and objective which maintains, improves, or expands the skills and knowledge relevant to massage therapy of the human body. Qualifying con…

Rule 20:76:03:05 Record keeping. 20:76:03:05. Record keeping. The licensee shall maintain records to support continuing education claimed to renew a license. These records must be maintained for five years after the date of renewal of the license. A licensee shall keep the follow…

Rule 20:76:03:06 Repealed. 20:76:03:06. Audits. Repealed. Source: 33 SDR 50, effective September 21, 2006; repealed, 34 SDR 101, effective October 22, 2007.

Rule 20:76:03:07 Continuing education compliance. 20:76:03:07. Continuing education compliance. The board may take into consideration hardship or extenuating circumstances in allowing a licensee to correct deficiencies in continuing education, but the deadline may not be extended…

Rule 20:76:03:08 Prior approval of qualifying activities. 20:76:03:08. Prior approval of qualifying activities. The board will accept continuing education that meets the definition of massage pursuant to SDCL 36-35-1(3), if presented by: (1) An approved provider of the National C…

Rule 20:76:04:01 Complaints. 20:76:04:01. Complaints. Any person, including a board member or the executive secretary, claiming that a holder of a license, or an applicant for licensure under SDCL chapter 36-35, has engaged in or is engaged in conduct constituting grounds for dis…

Rule 20:76:04:02 Complaint procedure. 20:76:04:02. Complaint procedure. Upon completion of the investigation, the investigating committee shall recommend to the board whether the charges should be dismissed for lack of merit or whether based upon the investigation of the committe…

Rule 20:76:04:03 Informal proceedings. 20:76:04:03. Informal proceedings. If the board considers an alleged violation to have merit constituting grounds for disciplinary action, the board, at its sole discretion, with the consent of the licensee, may proceed with informal proceed…

Rule 20:76:04:04 Formal proceedings. 20:76:04:04. Formal proceedings. If an alleged violation has merit constituting grounds for disciplinary action, the board may commence formal proceedings. Formal proceedings shall be instituted by a formal board complaint and service of a not…

Rule 20:76:04:05 Contents of a formal board complaint. 20:76:04:05. Contents of a formal board complaint. The formal board complaint shall include the name of the applicant or licensee complained against, and a statement setting forth the nature of the violations being charged th…

Rule 20:76:04:06 Repealed. 20:76:04:06. Answer to formal board complaint. Repealed. Source: 33 SDR 50, effective September 21, 2006; repealed, 38 SDR 177, effective April 26, 2012.

Rule 20:76:04:07 Disqualification. 20:76:04:07. Disqualification. If an alleged violation against a licensee is filed by a board member, or if a board member participates in the investigation of a violation by the licensee, that board member is disqualified from sitting at the he…

Rule 20:76:04:08 Procedure for formal hearing. 20:76:04:08. Procedure for formal hearing. The following procedure shall be used by the board in conducting formal hearings: (1) The board shall provide written notice to the applicant or licensee by mail stating the time, place, and…

Rule 20:76:04:09 Final action by board. 20:76:04:09. Final action by board. After a formal hearing, the board may decide to dismiss the formal complaint, revoke the registration license of the licensee, suspend the registration license of the licensee, place the licensee on proba…

Rule 20:76:04:10 Petition for hearing by an aggrieved person. 20:76:04:10. Petition for hearing by an aggrieved person. In a contested case, as it is defined in SDCL 1-26-1(2), including disciplinary proceedings, a person aggrieved by an action of the board taken without a hearin…

Rule 20:76:05:01 Minimum limits. 20:76:05:01. Minimum limits. A licensee shall carry malpractice or professional liability insurance, with a company with a certificate of authority from the South Dakota Division of Insurance, with limits of no less than $250,000 per occurrence. A…

Rule 20:76:05:02 Recordkeeping. 20:76:05:02. Recordkeeping. A licensee shall maintain records to verify compliance with malpractice insurance requirements. These records must prove the minimum coverage was in effect during the period the licensee held a license. These records mus…

Rule 20:76:06:01 Inactive license. 20:76:06:01. Inactive license. An active license may be placed on inactive status upon submission of an application and payment of the required fee. An inactive license has no expiration date and can be activated by paying the current license fe…

Rule 20:76:07:01 Examination. 20:76:07:01. Examination. An applicant for licensure shall provide official evidence of passing an examination provided by one of the following organizations: (1) National Certification Board for Therapeutic Massage and Bodywork; (2) American Medical…

Rule 20:76:08:01 Recognized facilities. 20:76:08:01. Recognized facilities. The board may license an applicant who has completed the training required by § 20:76:01:06 from the following South Dakota facilities: (1) Black Hills Health & Education Center; (2) Headlines Academy; (3…

Rule 20:76:08:02 Facilities that may be recognized by the board. 20:76:08:02. Facilities that may be recognized by the board. The board may accept an applicant's training required by § 20:76:01:06 from a facility not recognized pursuant to § 20:76:08:01 if the facility provides o…

Rule 20:76:08:03 Repealed. 20:76:08:03. Foreign-trained applicants. Repealed. Source: 38 SDR 177, effective April 26, 2012; 43 SDR 181, effective July 10, 2017.

Rule 20:77:01:01 Appraisal management services. 20:77:01:01. Appraisal management services. "Appraisal management services," is the act or process to (a) recruit, select, and retain appraisers; (b) contract with licensed or certified appraisers to perform appraisal assignments; a…

Rule 20:77:01:02 Appraisal review. 20:77:01:02. Appraisal review. "Appraisal review," is an act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment related to the appraiser's dat…

Rule 20:77:01:03 Controlling person. 20:77:01:03. Controlling person. A "controlling person," is one or more of the following: (1) An officer or director of an appraisal management company, or an individual that holds 10% or greater ownership interest in an appraisal management c…

Rule 20:77:01:04 Designated officer. 20:77:01:04. Designated officer. A "designated officer," is a controlling person authorized by the governing structure of the appraisal management company to act on behalf of the company for purposes of application for, and compliance with, re…

20:77:01:05. Definitions. Terms used in this article mean: (1) "AMC National Registry," the registry of state-registered appraisal management companies and federally regulated appraisal management companies maintained by the Appraisal Subcommittee; (2) "Appraisal Subcommittee," t…

Rule 20:77:02:01 Roster of appraisal management companies. 20:77:02:01. Roster of appraisal management companies. The secretary shall maintain a roster of appraisal management companies registered under the provisions of this article. The secretary shall transmit the roster to th…

Rule 20:77:02:02 Notice of change of address. 20:77:02:02. Notice of change of address. Each appraisal management company registered under the provisions of this article shall, within five days, give written notice of any change of physical and mailing address, change of company …

Rule 20:77:02:03 Notice of change of designated officer. 20:77:02:03. Notice of change of designated officer. Each appraisal management company registered under the provisions of this article shall, within five days, give written notice of change of designated officer of the appr…

Rule 20:77:02:04 Notice of change of controlling person. 20:77:02:04. Notice of change of controlling person. Each appraisal management company registered under the provisions of this article shall, within five days, give written notice of change of controlling person of the appr…