South Dakota Administrative Code

Rule 20:14:13:14 Course evaluation. 20:14:13:14. Course evaluation. A course provider shall provide each student with a course evaluation form upon completion of the course and shall tally the results of the evaluation forms onto one form. The course provider shall send the compl…

Rule 20:14:14:01 Transactions for which an evaluation is permitted. 20:14:14:01. Transactions for which an evaluation is permitted. An appraiser may only perform an evaluation on a real estate-related financial transaction that is below the applicable threshold specified in § 20:…

Rule 20:14:14:02 Compliance with guidelines. 20:14:14:02. Compliance with guidelines. An appraiser performing an evaluation shall comply with the guidelines. Source: 47 SDR 71, effective December 14, 2020. General Authority: SDCL 36-21B-3(20). Law Implemented: SDCL 36-21B-3(20). …

Rule 20:14:14:03 Evaluation content. 20:14:14:03. Evaluation content. An appraiser shall include in an evaluation the following: (1) The location of the property; (2) A description of the property, including its current and projected use; (3) An estimate of the property’s market …

Rule 20:14:14:04 Competency requirement when performing an evaluation. 20:14:14:04. Competency requirement when performing an evaluation. An appraiser performing an evaluation shall be subject to the competency rule of the uniform standards. Source: 47 SDR 71, effective December …

Rule 20:14:14:05 Ethical requirement when performing an evaluation. 20:14:14:05. Ethical requirement when performing an evaluation. An appraiser performing an evaluation shall be subject to the ethics rule of the uniform standards. Source: 47 SDR 71, effective December 14, 2020. …

Rule 20:14:14:06 Record-keeping requirement for an evaluation. 20:14:14:06. Record-keeping requirement for an evaluation. An appraiser performing an evaluation must prepare a workfile for each evaluation that includes the following: (1) The name of the client; (2) A copy of the e…

20:14:15:01. Eligibility requirements. To be eligible to enroll in the appraiser experience training program the candidate must: (1) Possess a registered trainee appraiser credential, in good standing, which includes completing the educational requirements specified in § 20:14:05…

20:14:15:02. Experience training program application. A candidate desiring to participate in the experience training program shall apply in writing on a form provided by the department or institution administering the program. The application shall require, at a minimum, the foll…

20:14:15:03. Ranking system for candidate selection. The program administrator shall review candidates for the experience training program according to the following point system: (1) Resides in and intends to establish and maintain a real estate appraisal practice in a South Dak…

20:14:15:04. Requirements to complete the experience portion of the program. A candidate for the experience training program must complete the experience required for each credential level. At a minimum, a candidate for the experience training program is required to complete the …

20:14:15:05. Experience credit. The program administrator may not grant a candidate partial experience for completing only a portion of an experience training program. Source: 49 SDR 25, effective September 18, 2022. General Authority: SDCL 36-21B-3(6)(21). Law Implemented: SDCL …

20:14:15:06. Requirements to complete the education portion of the program. A candidate for the experience training program must complete the Appraiser Qualification Board's required qualifying education for the desired credential as set forth in The Real Property Appraiser Quali…

20:14:15:07. Grounds for dismissal from experience training program. The department or institution administering the experience training program may dismiss a student for failure to: (1) Attend all of the in-person and virtual classroom hours of instruction; (2) Participate in al…

20:14:15:08. Certificate of completion. The program administrator shall issue a certification of completion to a candidate when the candidate successfully completes the requirements of the experience training program for the desired credential. The certificate must designate the …

20:14:15:09. Lead and associate trainer requirements. To qualify as a lead or associate trainer under the experience training program, an individual must: (1) Have the knowledge and experience in the types of appraisal assignments being supervised pursuant to the competency rule …

20:14:15:10. South Dakota university or college to administer an experience training program. Any accredited South Dakota university or college seeking to administer an experience training program must administer the experience training program in compliance with this chapter. So…

20:15:06:01. Conformity with national standards. The methods to be used for inspection and testing of petroleum products and the standards for the specification and tolerance requirements for petroleum products are those in the 2020 Annual Book of the American Society for Testing…

Rule 20:15:06:01.01 Repealed. 20:15:06:01.01. Minimum octane rating. Repealed. Source: 39 SDR 51, effective October 2, 2012; repealed, 39 SDR 51, effective June 30, 2013.

Rule 20:15:06:02 Standards of safety. 20:15:06:02. Standards of safety. The standards to be used when making safety inspections of bulk liquid petroleum gas facilities are the standards of safety in chapter 61:15:01. Source: 24 SDR 168, effective June 7, 1998. General Authority: …

Rule 20:16:01:01 Definitions. 20:16:01:01. Definitions. Terms used in this Article mean: (1) "Commission," the former South Dakota State Cement Plant Commission or its successor state agency or the State of South Dakota; (2) "Employee," any salaried or hourly person employed by t…

Rule 20:16:15:01 Definitions. 20:16:15:01. Definitions. Terms used in this chapter mean: (1) "Plan," the retirement plan set forth in this chapter and any modifications, amendments, extensions, or renewals of it; (2) "Collective bargaining agreement," any written contract between…

Rule 20:16:15:02 Term of coverage. 20:16:15:02. Term of coverage. Retirement Plan 2A covers any employee who retired from employment or terminated employment and who qualified to be an inactive vested employee with the commission from February 1, 1974, to January 31, 1977, inclus…

Rule 20:16:15:03 Participation in benefits. 20:16:15:03. Participation in benefits. Any employee, as defined in subdivision 20:16:15:01(3), is eligible to participate in the pension plan. Source: 28 SDR 109, effective February 11, 2002; 36 SDR 207, effective July 1, 2010; 40 SDR …

Rule 20:16:15:04 Repealed. 20:16:15:04. Contributions by the commission. Repealed. Source: 28 SDR 109, effective February 11, 2002; 36 SDR 207, effective July 1, 2010; repealed, 40 SDR 197, effective May 27, 2014

Rule 20:16:15:05 Forfeiture. 20:16:15:05. Forfeiture. Any amount that is forfeited by an employee pursuant to any of the provisions of the plan shall remain in the fund. Source: 29 SDR 109, effective February 11, 2002; 36 SDR 207, effective July 1, 2010; 40 SDR 197, effective May…

Rule 20:16:15:06 Qualifications for normal pension. 20:16:15:06. Qualifications for normal pension. A retiring employee is entitled to a normal pension if the employee meets all of the following requirements: (1) Has attained the age of 65; (2) Has accumulated at least ten years …

Rule 20:16:15:07 Amount of normal pension. 20:16:15:07. Amount of normal pension. The normal pension amount is one and four-tenths percent of final average earnings times the number of years of credited service, up to a maximum of 35 years. Source: 28 SDR 109, effective February …

Rule 20:16:15:08 Qualifications for early retirement pension. 20:16:15:08. Qualifications for early retirement pension. An employee is entitled to an early retirement pension if the employee meets all the following requirements: (1) Has attained the age of 62 but has not yet atta…

Rule 20:16:15:09 Amount of early retirement pension. 20:16:15:09. Amount of early retirement pension. The amount of the early retirement pension is determined by calculating the amount of the normal pension to which the employee would be entitled if the employee were age 65 on th…

Rule 20:16:15:10 Disability pension. 20:16:15:10. Disability pension. An employee is entitled to a disability pension if the employee meets all the following requirements: (1) Has become totally and permanently disabled on or after the date the plan was restated; (2) Has complete…

Rule 20:16:15:11 Amount of disability pension. 20:16:15:11. Amount of disability pension. The disability pension shall be equal to the normal pension otherwise payable, computed to the date of disability, without any reduction for disability commencing prior to age 65. In no even…

Rule 20:16:15:12 Disability pension payments. 20:16:15:12. Disability pension payments. Payment of the disability pension shall commence five months after the month in which the disability occurs and shall continue thereafter for so long as the disability pensioner remains totall…

Rule 20:16:15:13 Reemployment of disability pensioner. 20:16:15:13. Reemployment of disability pensioner. A disability pensioner who is no longer entitled to a disability benefit may be entitled to a normal or early pension unaffected by the prior receipt of a disability pension.…

Rule 20:16:15:14 Preretirement death benefit. 20:16:15:14. Preretirement death benefit. If an employee who has completed at least ten years of credited service dies prior to filing for a pension benefit, the employee's surviving spouse shall receive a monthly pension equal to 50 …

Rule 20:16:15:15 Normal form of pension benefits. 20:16:15:15. Normal form of pension benefits. The normal form of pension benefits is a life annuity, payable monthly, commencing on the employee's retirement date and continuing to the last monthly payment for the month in which t…

Rule 20:16:15:16 Joint and survivor benefit. 20:16:15:16. Joint and survivor benefit. In lieu of the pension otherwise payable to an employee, an employee entitled to a normal or early retirement pension may elect to receive a smaller monthly pension during the employee's lifetim…

Rule 20:16:15:17 Election of joint and survivor benefit. 20:16:15:17. Election of joint and survivor benefit. To be effective, a joint and survivor option election shall be made by written request filed with the board not less than 12 months prior to the employee's retirement dat…

Rule 20:16:15:18 Effective date of joint and survivor benefit. 20:16:15:18. Effective date of joint and survivor benefit. The joint and survivor option shall take effect only if the pensioner and the pensioner's contingent annuitant are both alive on the date when it is otherwise…

Rule 20:16:15:19 Revocation of joint and survivor benefit. 20:16:15:19. Revocation of joint and survivor benefit. Once elected, the joint and survivor option may not be revoked except under the following conditions: (1) Revocation must be made in writing in a form prescribed by t…

Rule 20:16:15:20 Limitation on joint and survivor benefit option. 20:16:15:20. Limitation on joint and survivor benefit option. The joint and survivor option may not be payable if it would result in a monthly pension of less than $20 to the pensioner or the contingent annuitant. …

Rule 20:16:15:21 Credited service. 20:16:15:21. Credited service. Credited service under the plan means the last period of continuous employment with the commission prior to termination of employment for the purpose of retirement. Credited service may not exceed 35 years and may …

Rule 20:16:15:22 Interruption of continuous employment. 20:16:15:22. Interruption of continuous employment. If continuous employment is interrupted for any cause, except as provided in the plan, any credited service accrued for periods of employment prior to the interruption may …

Rule 20:16:15:23 Vesting of service credits. 20:16:15:23. Vesting of service credits. An employee who terminates employment for any reason other than death or early or normal retirement is entitled to a deferred pension if the employee has accumulated at least five years of credi…

Rule 20:16:15:24 Advance written applications required. 20:16:15:24. Advance written applications required. An application for the commencement of pension benefits shall be in writing on a form and in a manner prescribed by the board, and shall be filed with the board in advance …

Rule 20:16:15:25 Information required. 20:16:15:25. Information required. An employee, pensioner, or beneficiary shall furnish the board with any information or proof requested by it and reasonably required to administer the plan. Failure on the part of any person to comply with …

Rule 20:16:15:26 Payments for incompetents. 20:16:15:26. Payments for incompetents. If a pensioner is mentally or physically incompetent, payments shall be made to any person who has satisfied the board that he or she is caring for the pensioner or beneficiary. Such payments shal…

Rule 20:16:15:27 Nonalienation of benefits. 20:16:15:27. Nonalienation of benefits. No benefit payable at any time under the plan may be subject in any manner to alienation, sale, transfer, assignment, pledge, attachment, or encumbrance of any kind. Any attempt to encumber such a…

Rule 20:16:15:28 Terms of employment not affected. 20:16:15:28. Terms of employment not affected. Under no circumstances may an employee's participation in the plan be construed to constitute a contract of continuing employment or in any manner obligate the board to continue or d…

Rule 20:16:15:29 Conditions for forfeiture of benefit rights. 20:16:15:29. Conditions for forfeiture of benefit rights. Any retirement benefit that may be payable or become payable and all rights under the plan in favor of any employee or pensioner shall be forfeited if, prior to…