South Dakota Administrative Code

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Rule 20:76:08:03 Repealed. 20:76:08:03.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 Repealed.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…

20:77:03:01. Application for registration. An appraisal management company desiring to provide appraisal management services in South Dakota shall apply in writing for a certificate of registration on a form approved by the secretary. An application is valid for 90 days. The secr…

Rule 20:77:03:02 Uniform consent to service of process. 20:77:03:02. Uniform consent to service of process. An appraisal management company applying for registration under this article shall complete an irrevocable Uniform Consent to Service of Process on a form approved by the s…

Rule 20:77:03:03 Term of registration. 20:77:03:03. Term of registration. The secretary shall issue a certificate of registration to an applicant who qualifies in accordance with this article. Any registration issued under this article expires on December 31 of each year, unless …

Rule 20:77:03:04 Registration renewal. 20:77:03:04. Registration renewal. To renew any current valid certificate of registration the holder of the registration must file an application on a form approved by the secretary and pay the renewal fee prescribed in § 20:77:04:02 to the …

Rule 20:77:03:05 Late renewal. 20:77:03:05. Late renewal. If renewal of a certificate of registration is not accomplished within the period prescribed in § 20:77:03:04, the applicant may renew the certificate at any time prior to three months after its date of expiration by satis…

Rule 20:77:03:06 Change of ownership -- new application. 20:77:03:06. Change of ownership -- new application. If a registered appraisal management company has a change of ownership that results in a new owner that holds 10% or greater interest or a change in ownership that increa…

Rule 20:77:04:01 Registration fees. Registration fees 20:77:04:01. Registration fees. The registration fee is $1,000. Source: 38 SDR 40, effective September 20, 2011. General Authority: SDCL 36-21D-5. Law Implemented: SDCL 36-21D-5(1).

Rule 20:77:04:02 Renewal fees. 20:77:04:02. Renewal fees. The renewal fee is $750. Source: 38 SDR 40, effective September 20, 2011. General Authority: SDCL 36-21D-5. Law Implemented: SDCL 36-21D-5(2).

Rule 20:77:04:03 Late renewal fees. 20:77:04:03. Late renewal fees. The late renewal fee is $50 for each month or fraction of a month that has passed since the first day of January, not to exceed $150. Source: 38 SDR 40, effective September 20, 2011. General Authority: SDCL 36-21…

Rule 20:77:04:04 Refund of fees. 20:77:04:04. Refund of fees. Each fee is nonrefundable. Source: 38 SDR 40, effective September 20, 2011. General Authority: SDCL 36-21D-5. Law Implemented: SDCL 36-21D-5.

Rule 20:77:05:01 Responsibilities and duties. 20:77:05:01. Responsibilities and duties. An appraisal management company registered under the provisions of this article shall: (1) Have a system in place to verify that utilized appraisers are licensed or certified and in good stand…

Rule 20:77:06:01 Retention of records. 20:77:06:01. Retention of records. An appraisal management company registered under the provisions of this article shall retain the following records: (1) A detailed record of each service request that it receives for appraisals of real prop…

Rule 20:77:06:02 Inspection and copying. 20:77:06:02. Inspection and copying. An appraisal management company registered under the provisions of this article shall make all records required to be maintained or records deemed to be pertinent to an investigation of a complaint unde…

Rule 20:77:07:01 Complaints and investigations. 20:77:07:01 Complaints and investigations. The department shall upon written and signed complaint or referral, or may, upon the secretary's own motion, initiate an investigation of any registration holder or applicant for registrati…

Rule 20:77:07:02 Disciplinary actions. 20:77:07:02 Disciplinary actions. The secretary may, in compliance with SDCL chapter 1-26, either fine, deny, suspend, censure, reprimand, or revoke a registration required by SDCL chapter 36-21D on any of the grounds for disciplinary action…

20:77:07:03. Grounds for disciplinary action. The following acts and omissions are grounds for disciplinary action: (1) Prohibiting an appraiser from reporting the fee paid to the appraiser in the body of the appraisal report; (2) Using an appraisal report submitted by an indepen…

20:77:07:04. Reporting of discipline. Disciplinary action taken under this chapter must be reported by the secretary to the Appraisal Subcommittee's AMC National Registry within five days after final disposition. Source: 49 SDR 25, effective September 18, 2022. General Authority:…

Rule 20:77:08:01 Collection of national registry fee. 20:77:08:01. Collection of national registry fee. The department shall collect from each registered and federally regulated appraisal management company the appraisal management company national registry fee as prescribed by t…

Rule 20:77:08:02 Remittance of national registry fee. 20:77:08:02. Remittance of national registry fee. The department shall remit the fees collected from registered and federally regulated appraisal management companies to the Appraisal Subcommittee pursuant to § 1109 of Title X…

Rule 20:78:01:01 Election of officers. 20:78:01:01. Election of officers. The board shall elect officers at the May or June meeting. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986; readopted, 13 SDR 9, effective August 4, 1986; transferred f…

Rule 20:78:01:02 President. 20:78:01:02. President. The president is the principal executive officer of the board and, subject to the control of the board, shall supervise the business of the board. The president shall preside at board meetings. The president may sign, with the s…

Rule 20:78:01:03 Vice president. 20:78:01:03. Vice president. The vice president shall perform the duties of the president when the president is absent, is unable to act, or refuses to act. The vice president shall perform any other duties assigned by the president or by the boar…

Rule 20:78:01:04 Secretary. 20:78:01:04. Secretary. The duties of the secretary are as follows: (1) Keep the minutes of the board meetings in a book provided for that purpose; (2) Give all notices as required by law; (3) Be custodian of the board records and of the seal of the bo…

Rule 20:78:01:05 Quorum for conduct of business. 20:78:01:05. Quorum for conduct of business. A majority of the board constitutes a quorum for the transaction of all business at any regular or special meeting. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effecti…

Rule 20:78:01:06 Special meetings. 20:78:01:06. Special meetings. Special meetings of the board may be called by the president or any three members of the board. Special meetings may also be set by action of the board at any regular or special meeting of the board. The notice of …

Rule 20:78:01:07 Notice of special meetings. 20:78:01:07. Notice of special meetings. At least 10 days notice of a special meeting shall be given to any member of the board not calling the meeting or not in attendance at the meeting at which a special meeting was called. The noti…

Rule 20:78:01:08 Requests for board information. 20:78:01:08. Requests for board information. Requests for board information shall be sent in writing to the executive secretary at the office of the board. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 151, 12 SDR 155, effective Ju…

Rule 20:78:02:01 Petition for declaratory ruling. 20:78:02:01. Petition for declaratory ruling. Any person may file with the board a petition for a declaratory ruling as to the applicability of a statutory provision or a rule or order of the agency. The form is available from the…

Rule 20:78:02:02 Action by board on petition for declaratory ruling. 20:78:02:02. Action by board on petition for declaratory ruling. Upon receipt of a petition for a declaratory ruling, the board may request from the petitioner any additional information it requires for the issu…

Rule 20:78:02:03 Disposition of petition. 20:78:02:03. Disposition of petition. Disposition of the petition for declaratory ruling shall be completed within 90 days after receipt of the petition, within 90 days following receipt of information requested, or within 45 days followi…

Rule 20:78:03:01 Applicability. 20:78:03.01. Applicability. This chapter applies to the licenses, certificates, and permits issued by the Board of Medical and Osteopathic Examiners under SDCL 36-4 (Physicians and Surgeons), 36-4A (Physician Assistants), 36-4B (Advanced Life Suppo…