South Dakota Administrative Code

Rule 20:14:06:13 Repealed. 20:14:06:13. Valuation method.Repealed. Source: 18 SDR 36, effective August 25, 1991; repealed, 23 SDR 113, effective January 12, 1997.

Rule 20:14:06:14 Repealed. 20:14:06:14. Required information unavailable.Repealed. Source: 18 SDR 36, effective August 25, 1991; repealed, 23 SDR 113, effective January 12, 1997.

Rule 20:14:07:01 Retention of records. 20:14:07:01. Retention of records. A real estate appraiser shall retain originals or true copies of all written contracts engaging the appraiser's services for real estate appraisal work and all written reports, all other data, information, …

Rule 20:14:07:02 Inspection and copying. 20:14:07:02. Inspection and copying. A real estate appraiser shall make all records required to be maintained under this chapter, including all referenced data, information, and documentation necessary to support the opinions and conclusio…

Rule 20:14:08:01 Staff appraiser independence required. 20:14:08:01. Staff appraiser independence required. If an appraisal is prepared by a staff appraiser who is an employee of a financial institution, that appraiser must be independent of the lending, investment, and collectio…

Rule 20:14:08:02 Steps to ensure independent judgment. 20:14:08:02. Steps to ensure independent judgment. If the only qualified persons available to perform an appraisal are involved in the lending, investment, or collection functions of the regulated institution, the regulated i…

Rule 20:14:08:03 Fee appraiser independence required. 20:14:08:03. Fee appraiser independence required. If an appraisal is prepared by a fee appraiser, an independent contractor performing services for a fee, that appraiser must be engaged directly by the regulated institution or…

20:14:09:01. Professional association membership as basis for exclusion prohibited. A state-certified general, state-certified residential, state-licensed, or registered trainee appraiser may not be excluded from consideration for an assignment solely by virtue of membership or l…

20:14:09:02. Competence. All appraisers performing real estate appraisals must be state-certified general, state-certified residential, state-licensed, or registered trainee as applicable. However, a state-certified general, state-certified residential, state-licensed, or registe…

20:14:10:01. Application fees. Application fees are as follows: (1) State-certified general appraiser: $400; (2) State-certified residential appraiser: $375; (3) State-licensed appraiser: $350; (4) Registered trainee appraiser: $210; (5) State-certified general appraiser reciproc…

20:14:10:02. Renewal fees. Credential renewal fees are as follows: (1) State-certified general appraiser: $350; (2) State-certified residential appraiser: $335; (3) State-licensed appraiser: $325; (4) Registered trainee appraiser: $175; and (5) Supervisory appraiser: $100. Source…

Rule 20:14:10:03 Repealed. 20:14:10:03. National examination fee.Repealed. Source: 18 SDR 36, effective August 25, 1991; 22 SDR 91, effective January 1, 1996; repealed, 23 SDR 113, effective January 12, 1997.

Rule 20:14:10:04 Late credential renewal fee. 20:14:10:04. Late credential renewal fee. The late renewal fee for submitting the appraiser credential renewal application after the renewal deadline as prescribed in § 20:14:03:03 is $25 for each month or fraction of a month that has…

Rule 20:14:10:04.01 Uniform standards update course late completion renewal fee. 20:14:10:04.01. Uniform standards update course late completion renewal fee. The late renewal fee for completing the seven-hour update course that covers the uniform standards after June 30 of each e…

Rule 20:14:10:05 Upgrade fee. 20:14:10:05. Upgrade fee. The fee to upgrade any credential is $200. Source: 20 SDR 9, effective August 1, 1993; 23 SDR 113, effective January 12, 1997; 41 SDR 217, effective June 29, 2015; 44 SDR 27, effective August 14, 2017. General Authority: SDC…

20:14:10:05.01. Upgrade fee -- midway upgrade. A registered trainee appraiser shall pay the following applicable midway upgrade fee for each appraisal submitted pursuant to § 20:l4:05:05.05: (1) $200 -- Residential (Single Family Unit); (2) $250 -- Residential -- Small Income Pro…

Rule 20:14:10:06 Fee for approval of course. 20:14:10:06. Fee for approval of course. The application fee for approval of a course offering is $50. Source: 23 SDR 113, effective January 12, 1997; 27 SDR 146, effective July 11, 2001. General Authority: SDCL 36-21B-4. Law Implement…

Rule 20:14:10:07 Refund of fees. 20:14:10:07. Refund of fees. Fees are nonrefundable. Source: 26 SDR 120, effective March 27, 2000. General Authority: SDCL 36-21B-4. Law Implemented: SDCL 36-21B-4.

Rule 20:14:11:01 Complaints and investigations. 20:14:11:01. Complaints and investigations. Upon receipt of an allegation of non-compliance against any credential holder or applicant for a credential, as defined by § 20:14:11:01.01, or upon the secretary's own motion, the secreta…

20:14:11:01.01. Allegation of non-compliance. An allegation of non-compliance must be in writing and meet the following criteria: (1) The allegation of error or violation of any provision of this article is considered credible and based upon factual information which is independe…

Rule 20:14:11:02 Disciplinary actions. 20:14:11:02. Disciplinary actions. The secretary may: deny, suspend, or revoke a credential; censure or reprimand a credential holder; place a credential holder on probation; or limit a credential holder's scope of practice in accordance wit…

Rule 20:14:11:03 Grounds for disciplinary action. 20:14:11:03. Grounds for disciplinary action. The following acts and omissions are grounds for disciplinary action: (1) Failing to meet the minimum qualifications for certification, licensure, or registration established by or pur…

Rule 20:14:12:01 Nonresident consent to service of process. 20:14:12:01. Nonresident consent to service of process. Each applicant under this article who is not a resident of this state shall submit with the application an irrevocable consent that service of process upon the appl…

Rule 20:14:12:02 Reciprocity. 20:14:12:02. Reciprocity. If the secretary determines another state, territory, or the District of Columbia has substantially equivalent certification and licensure requirements, an applicant who is certified or licensed there may be issued a state-c…

Rule 20:14:12:03 Reciprocity -- Term of credential. 20:14:12:03. Reciprocity -- Term of credential. The secretary shall issue a certificate or license to an applicant who qualifies in accordance with this article. Any certificate or license issued under this article expires on Se…

Rule 20:14:12:04 Temporary practice. 20:14:12:04. Temporary practice. A nonresident of this state who has submitted an irrevocable consent to service of process under § 20:14:12:01 may obtain a temporary permit to perform a contract relating to the appraisal of real estate in thi…

Rule 20:14:12:05 Temporary permit limited -- Expiration. 20:14:12:05. Temporary permit limited -- Expiration. A temporary permit issued under this chapter is limited to the performance of the appraisal work required by the contract submitted with the application. Each temporary p…

Rule 20:14:13:01 Continuing education requirements. 20:14:13:01. Continuing education requirements. In each odd-numbered year an applicant for renewal of a credential shall document completion of the equivalent of 28 class hours of instruction in approved courses or seminars duri…

Rule 20:14:13:01.01 Continuing education not required. 20:14:13:01.01. Continuing education not required. The continuing education requirement as specified in § 20:14:13:01 is not required if: (1) A credential was issued in the previous 185 days before September 30 of the current…

Rule 20:14:13:01.02 Continuing education -- Partial requirement. 20:14:13:01.02. Continuing education -- Partial requirement. An appraiser is only required to complete fourteen hours of instruction in approved courses or seminars if the appraiser's credential is issued on or afte…

20:14:13:02. Acceptable continuing education course topics. The department shall grant credit to an applicant for renewal for courses that cover real estate topics related to appraisal and that maintain or increase an appraiser's skill, knowledge, and competency in real property …

Rule 20:14:13:02.01 Acceptable continuing education credit for field trips. 20:14:13:02.01. Acceptable continuing education credit for field trips. Real estate appraisal related field trips may be acceptable for credit toward the continuing education requirements. Transit time to…

Rule 20:14:13:03 Minimum length of continuing education course. 20:14:13:03. Minimum length of continuing education course. Continuing education credit may only be granted if the length of the course is at least two class hours. Source: 18 SDR 36, effective August 25, 1991; trans…

Rule 20:14:13:03.01 Requirement for qualifying education credit. 20:14:13:03.01. Requirement for qualifying education credit. An education credit may be granted if the length of the course is at least 15 class hours and the individual successfully completes an approved closed-boo…

Rule 20:14:13:03.02 Maximum length of classroom hours of instruction. 20:14:13:03.02. Maximum length of classroom hours of instruction. No course may include more than eight classroom hours of instruction in a given day. Each course shall allow for adequate breaks during the cour…

Rule 20:14:13:04 Additional activities eligible for continuing education credit. 20:14:13:04. Additional activities eligible for continuing education credit. In addition to continuing education credit granted for continuing education courses covering appraisal topics listed in th…

Rule 20:14:13:05 Sources of qualifying education credit. 20:14:13:05. Sources of qualifying education credit. Credit for education may be obtained from the following: (1) Colleges or universities; (2) Community or junior college; (3) Real estate appraisal or real estate-related o…

20:14:13:05.01. Acceptable courses without state review. Education courses that have received approval by the Appraiser Qualifications Board of the Appraisal Foundation through the Appraiser Qualifications Course Approval Program or by another state appraiser regulatory agency ma…

20:14:13:05.02. Acceptable distance education courses. An asynchronous distance education course is acceptable for qualifying or continuing education if: (1) The course provides interaction. Interaction is a reciprocal environment where the student has verbal or written communica…

20:14:13:05.03. Asynchronous education -- Continuing education. Asynchronous distance education courses intended for use as continuing education must include: (1) A written examination proctored by an official approved by the college or university, or by the sponsoring organizati…

20:14:13:05.04. Distance education -- Qualifying education. Distance education courses intended for use as qualifying education must include a written, closed-book final examination. The examination must be proctored in-person or remotely by an official approved by the college or…

20:14:13:06. Term of approval. A course approved by the secretary is valid until the soonest of: (1) Three years; (2) The course expiration date provided by the Appraiser Qualifications Board; or (3) The secretary determining the course has changed and does not meet the criteria …

Rule 20:14:13:07 Application for course approval. 20:14:13:07. Application for course approval. To obtain education course approval, the provider must apply in writing on a form provided by the secretary and submit the course to the department for approval by the secretary in acc…

Rule 20:14:13:08 Approval of course changes. 20:14:13:08. Approval of course changes. The course provider must immediately notify the department in writing of any changes to an approved course. The secretary shall determine in accordance with this chapter if the changes are accep…

Rule 20:14:13:09 Repealed. 20:14:13:09. Guide for instructors of the uniform standards.Repealed. Source: 24 SDR 91, effective January 8, 1998; 26 SDR 120, effective March 27, 2000; repealed, 29 SDR 99, effective January 15, 2003.

Rule 20:14:13:10 Uniform standards training for instructors. 20:14:13:10. Uniform standards training for instructors. An instructor teaching an approved uniform standards course must be in good standing and a state-certified residential appraiser or a state-certified general appr…

Rule 20:14:13:10.01 Courses on the appraisal standards and ethics. 20:14:13:10.01. Courses on the appraisal standards and ethics. The 15-hour course that covers the uniform standards as adopted in § 20:14:06:01 or its Appraiser Qualifications Board approved equivalent is an accep…

Rule 20:14:13:11 Certificate of attendance issued by course provider. 20:14:13:11. Certificate of attendance issued by course provider. The course provider shall issue a certificate of attendance to each student that attends each class hour approved for the course offering and su…

Rule 20:14:13:12 Disapproval or denial of a course. 20:14:13:12. Disapproval or denial of a course. The secretary may disapprove an approved course or deny an application for course approval in accordance with SDCL chapter 1-26 if the course content or the course provider fails t…

20:14:13:13. Training course for supervisory appraisers and registered trainee appraisers. The department shall develop a training course and provide it to providers of appraisal education as listed in § 20:14:13:05 desiring to offer the course. The provider shall ensure that eac…