South Dakota Administrative Code

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…

Rule 20:78:03:02 Initial review. 20:78:03:02. Initial review. The executive secretary shall review all license, permit, and certificate applications subject to this chapter to determine if the applicant has submitted all required documents, information, fees, and other materials.…

Rule 20:78:03:03 Incomplete application. 20:78:03:03. Incomplete application. If an applicant fails to submit required materials within 120 days of notice that materials are missing from the application, the executive secretary shall designate the application as withdrawn, or, up…

Rule 20:78:03:04 Primary source documentation. 20:78:03.04. Primary source documentation. The executive secretary shall initiate processing of complete applications after receiving documentation from primary sources to verify that the applicant has met the education, examination,…

Rule 20:78:03:05 Summary action on application. 20:78:03:05. Summary action on application. The executive secretary may summarily deny an application based upon primary source documentation that demonstrates that the applicant has not met the education, examination, training, or …

20:78:03:06. Investigation of application. The executive secretary may determine that the information disclosed in an application or primary source documentation requires investigation to determine whether the applicant meets the qualifications or standards for issuance of a lice…

Rule 20:78:03:07 Application withdrawn during investigation. 20:78:03:07. Application withdrawn during investigation. An applicant may withdraw an application after an investigation has been initiated by the executive secretary. An application withdrawn after investigation has be…

Rule 20:78:03:08 Executive secretary determinations. 20:78:03:08. Executive secretary determinations. Upon completion of the review of an application and any associated investigation, the executive secretary may: (1) Summarily issue a license, permit, or certificate if the applic…

Rule 20:78:03:09 Provisional licenses, permits, or certificates issued pursuant to settlement agreement. 20:78:03:09. Provisional licenses, permits, or certificates issued pursuant to settlement agreement. The executive secretary may enter into a settlement agreement with an appl…

Rule 20:78:03:10 Renewals and reinstatement. 20:78:03:10. Renewals and reinstatement. Renewal and reinstatement applications are subject to the same process as original licenses. Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57, effective October 20, 2016. General Author…

Rule 20:78:03:11 Staff approval of petition for examination waiver. 20:78:03:11. Staff approval of petition for examination waiver. An applicant who has not passed all parts or steps of the examination required by SDCL chapter 36-4 within the time and manner allowed by SDCL 36-4-…

Rule 20:78:03:12 Reciprocity. 20:78:03:12. Reciprocity. An applicant who holds a valid medical license issued by another state may be licensed by reciprocity in South Dakota under the provisions of SDCL 36-4-19 only if the applicant has completed a residency program in the United…

Rule 20:78:04:01 Applicability. 20:78:04:01. Applicability. The following procedure applies to complaints about holders of the licenses, permits, or certificates regulated by the Board of Medical and Osteopathic Examiners. Source: 38 SDR 127, effective February 7, 2012; 43 SDR 57…

Rule 20:78:04:02 Complaints. 20:78:04:02. Complaints. The executive secretary may initiate an investigation based on a written complaint. Any person filing a complaint shall submit the complaint in writing to the executive secretary. A complaint is not a public record. The execut…

Rule 20:78:04:03 Investigations. 20:78:04:03. Investigations. The executive secretary shall initiate investigation of a complaint by notifying the license, permit, or certificate holder of the complaint and obtaining a response to the complaint. If the executive secretary determi…

Rule 20:78:04:04 Completion of complaint investigation. 20:78:04:04. Completion of complaint investigation. Upon completion of a complaint investigation, the executive secretary may: (1) Dismiss the complaint as unsubstantiated or requiring no further action. Dismissal of a compl…

Rule 20:78:04:04.01 Disciplinary action in another state. 20:78:04:04.01. Disciplinary action in another state. Any physician who has had any public disciplinary action imposed by another state shall have the original documentation posted on the South Dakota Board of Medical and …

Rule 20:78:04:05 Status of complainant. 20:78:04:05. Status of complainant. The complainant is not a party to any contested case hearing resulting from the executive secretary's investigation of a complaint, although the complainant may be called as a witness in the hearing. The …

Rule 20:78:04:06 Effect of failure to renew during investigation. 20:78:04:06. Effect of failure to renew during investigation. The holder of a license, permit, or certificate may choose not to renew the license, permit, or certificate after a complaint investigation has been ini…

Rule 20:78:05:01 Applicability. 20:78:05:01. Applicability. The following procedure applies to contested case proceedings for license, permit, or certificate applications and to disciplinary proceedings before the Board of Medical and Osteopathic Examiners. Source: 38 SDR 127, ef…