South Dakota Administrative Code

Rule 20:36:03:04 Examinations -- Method of conducting. 20:36:03:04. Examinations -- Method of conducting. A member of the board or a designated representative shall be present at all examinations. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR…

Rule 20:36:03:05 Examination subjects. 20:36:03:05. Examination subjects. Applicants shall be examined upon all of the subjects mentioned in SDCL 36-13-12 plus such similar requirements of education and experience as may be reasonably necessary to carry on the work of abstracting…

Rule 20:36:03:06 Written and oral examinations. 20:36:03:06. Written and oral examinations. Written examinations shall be questions and answers upon the subjects specified in SDCL 36-13-12 and upon title insurance and will be separated into 5 sections. A time limit of one hour wi…

Rule 20:36:03:07 Examination questions kept secret. 20:36:03:07. Examination questions kept secret. Questions, which shall be prepared by the board, shall be held secret at all times by all members of the board except when the questions are distributed to the applicants at the ex…

Rule 20:36:03:08 Grading of examination. 20:36:03:08. Grading of examination. The examination papers of applicants shall be graded on a percentage scale, with a percentage of 80 being required to pass. If an applicant fails any section the board may establish the applicant's cred…

Rule 20:36:03:09 Examination grades sent to each applicant. 20:36:03:09. Examination grades sent to each applicant. The board shall complete its grading of the examination papers of all applicants within three weeks of the date of examination and send notice by certified mail, re…

Rule 20:36:03:10 Examination -- Effect of passing or failing. 20:36:03:10. Examination -- Effect of passing or failing. The fact that an applicant has passed successfully any examination for which he was eligible shall not entitle him to a certificate of registration to engage in…

Rule 20:36:03:11 Transfer of certificate of registration, including transfer of stock in a corporation which retains its identity. 20:36:03:11. Transfer of certificate of registration, including transfer of stock in a corporation which retains its identity. Whenever a registered …

Rule 20:36:03:12 Fee for certificate of registration and renewal. 20:36:03:12. Fee for certificate of registration and renewal. The annual fee for a biennial certificate of registration for an applicant shall be paid by June 30th and is as follows: in counties with a population o…

Rule 20:36:04:01 General requirements for books, records, and indexes. 20:36:04:01. General requirements for books, records, and indexes. Before any person is entitled to a certificate of registration to engage in abstracting under the laws of this state, the person shall have an…

Rule 20:36:04:01.01 Penalty for failure to comply with § 20:36:04:01. 20:36:04:01.01. Penalty for failure to comply with § 20:36:04:01. Failing to comply with § 20:36:04:01 shall result in the suspension or denial of a certificate of registration until such time as compliance is …

Rule 20:36:04:02 Maintenance of plant -- Requirements. 20:36:04:02. Maintenance of plant -- Requirements. All abstract books, records, and indexes required to be kept by law as one of the qualifications for engaging in abstracting under the laws of South Dakota shall be revised, …

Rule 20:36:04:03 Inspection of plants. 20:36:04:03. Inspection of plants. All abstract plants required by law for the purpose of qualification to engage in abstracting in South Dakota shall at all times be open for inspection and examination by the board, or any member thereof in…

Rule 20:36:04:04 Examination of new and purchased plants. 20:36:04:04. Examination of new and purchased plants. Before any person begins assembly of an abstract plant for the purpose of qualifying for a certificate of registration the person shall contact the board. The board sha…

Rule 20:36:04:04.01 Scope of examination. 20:36:04:04.01. Scope of examination. The plant examination shall be divided into the following areas: (1) The preparation of not less than 5 complete chains of title consisting of the book and page of the recorded instrument, type of ins…

Rule 20:36:04:04.02 Use of other registered plants in county of examination. 20:36:04:04.02. Use of other registered plants in county of examination. If there is another registered abstracter in the county of examination, the board may go to that abstracter and use his records to…

Rule 20:36:04:04.03 Grading of plant examination. 20:36:04:04.03. Grading of plant examination. Plants shall be graded on a scale of percentage, with 80 percent being required for approval. If the plant fails in any of the areas set forth in § 20:36:04:04.01, the board may establ…

Rule 20:36:04:04.04 Fee for plant examination. 20:36:04:04.04. Fee for plant examination. An examination fee of $500 shall be charged for each examination of new and purchased plants for the purpose of qualifying for a certificate of registration. The fee shall be payable to the …

Rule 20:36:04:05 Examination for upkeep and maintenance of existing plants. 20:36:04:05. Examination for upkeep and maintenance of existing plants. The board may, upon its own election, not more often than once each year, or at any time whenever a sworn complaint is deemed by the…

Rule 20:36:04:06 Examinations upon request -- When made -- Fees and expense. 20:36:04:06. Examinations upon request -- When made -- Fees and expense. Any person, firm, or corporation in charge of an abstract plant that has previously been approved for operation by the board may f…

Rule 20:36:04:07 Certificate of qualification of plant. 20:36:04:07. Certificate of qualification of plant. Whenever the board has examined or reexamined any abstract plant after the effective date of these rules and has approved the plant, it shall issue and deliver to the perso…

Rule 20:36:05:01 Charges -- Scope and methods of making. 20:36:05:01. Charges -- Scope and methods of making. Upon all matters involving the right of a person, firm, or corporation to engage in or to continue in abstracting under the laws of South Dakota either as an owner, opera…

Rule 20:36:05:02 Board hears charges by resolution. 20:36:05:02. Board hears charges by resolution. The board may, whenever a majority of its members at any regular or special meeting of the board shall adopt a resolution for the purpose, specify and hear charges on any of such m…

Rule 20:36:05:03 Complaint procedure. 20:36:05:03. Complaint procedure. Any person, firm, or corporation or one or more of such jointly may make a complaint under oath against any person, firm, or corporation or one or more of them jointly if they are engaged in the same plant op…

Rule 20:36:05:04 Charges -- Subject matter -- Specifications -- Filing -- Service -- Time. 20:36:05:04. Charges -- Subject matter -- Specifications -- Filing -- Service -- Time. The charges may embrace any one or more violations of law or of this article or any other law or rule …

Rule 20:36:05:05 Complaint filed with board. 20:36:05:05. Complaint filed with board. The original resolution or complaint shall be filed with the executive secretary and remain a permanent record of the board, and a note of its filing shall be made in the journal or minutes of t…

Rule 20:36:05:05.01 Informal proceedings. 20:36:05:05.01. Informal proceedings. Unless the parties agree to proceed directly to a formal hearing, the board shall conduct informal proceedings on complaints of a serious nature constituting grounds for disciplinary action. The board…

Rule 20:36:05:05.02 Assurance of voluntary compliance. 20:36:05:05.02. Assurance of voluntary compliance. The board may accept an assurance of voluntary compliance with respect to any alleged violation of this article or SDCL chapter 36-13 from any person or firm complained again…

Rule 20:36:05:05.03 Formal proceedings. 20:36:05:05.03. Formal proceedings. If it appears to the board that formal proceedings in respect to a complaint should be instituted, the board shall serve by mail a formal complaint issued in the name of the board and a notice of hearing …

Rule 20:36:05:06 Serving complaint on accused. 20:36:05:06. Serving complaint on accused. A copy of the order of the board fixing the time and place of hearing together with a copy of the resolution or complaint shall be legally served upon the accused at least 30 days before the…

Rule 20:36:05:06.01 Disqualification. 20:36:05:06.01. Disqualification. If the complaint referred to in § 20:36:05:03 was filed by a board member, that board member shall be disqualified from sitting at the hearing as a board member and from participating in the decision rendered…

Rule 20:36:05:07 Hearings shall be public. 20:36:05:07. Hearings shall be public. The hearings shall be public and any of the board present shall have authority to preserve order and decorum under the contempt process. A majority of the board shall be present at all hearings. If …

Rule 20:36:05:08 Hearing procedure. 20:36:05:08. Hearing procedure. A stenographic record of the oral testimony shall be kept, but as to any documentary evidence offered, the party offering same shall submit three copies for introduction. If the inspection or examination of a pla…

Rule 20:36:05:09 Subpoena procedure. 20:36:05:09. Subpoena procedure. Subpoena shall be issued under the name and seal of the board upon application of any party or any member of the board at any time prior to the hearing or during the hearing under the provisions of SDCL 36-13-2…

Rule 20:36:05:10 Hearings may be extended. 20:36:05:10. Hearings may be extended. Continuances of the hearing and extension of the time for making and service of the decision of the board may be granted for good cause shown upon application of any party or may be made by order of…

Rule 20:36:05:11 Hearings -- Decision. 20:36:05:11. Hearings -- Decision. After hearing the evidence and arriving at a decision, the board may, depending upon the circumstances, dismiss the complaint, revoke the certificate of registration, suspend the certificate of registration…

Rule 20:36:05:12 Petition for review. 20:36:05:12. Petition for review. Within 10 days after receipt of the board's decision, any party to the hearing may file with the board a petition for review of its decision. The board, at its discretion, may deny the petition, order a rehea…

Rule 20:36:06:01 Maximum fee schedule. 20:36:06:01. Maximum fee schedule. The maximum fee schedule for doing abstract work is as follows: (1) Each entry on an abstract or continuation: $10; (2) For a complete certification covering the records of county offices: $50; (3) Each nam…

Rule 20:36:06:01.01 Use of valuation fee limited on continuations. 20:36:06:01.01. Use of valuation fee limited on continuations. In conveying, mortgaging, refinancing, or otherwise transferring or encumbering an interest in real property where the abstract is to be continued two…

Rule 20:36:06:01.02 Real property valuation fees. 20:36:06:01.02. Real property valuation fees. The real property valuation fee shall be figured as follows: (1) The first $5,000: $25; (2) From $5,001 to $50,000: $25 plus $3 for each thousand over $5,000; (3) From $50,001 to $100,…

Rule 20:36:06:01.03 Use of unit prices. 20:36:06:01.03. Use of unit prices. Contracts for abstracting based upon the fee schedule and estimates of work involved, using a per unit price that has been negotiated may be entered into with any governmental agency that requires such un…

Rule 20:36:06:02 Exceeding schedule prohibited. 20:36:06:02. Exceeding schedule prohibited. No abstracter shall exceed the price schedule established by the South Dakota abstract board of examiners. Any licensed abstracter violating § 20:36:06:01 will be given 30 days notice for …

Rule 20:36:06:03 Itemizing of abstract charges pertaining to the maximum fee schedule. 20:36:06:03. Itemizing of abstract charges pertaining to the maximum fee schedule. Any licensed abstracter doing business under SDCL 36-13-25 must, if requested to do so, itemize the bill to sh…

Rule 20:36:07:01 Title search required for countersignature. 20:36:07:01. Title search required for countersignature. An abstracter shall search the records contained in the abstracter's plant and in the courthouse which relate to the property being insured before he countersigns…

Rule 20:36:07:01.01 Report of findings. 20:36:07:01.01. Report of findings. Upon completion of the search as required in § 20:36:07:01, the abstracter may report its findings on a Search Report or Certificate as determined and published by the Abstracters' Board of Examiners. Sou…

Rule 20:36:07:02 Title search requirements. 20:36:07:02. Title search requirements. The title search required for a commitment for or policy of title insurance shall be made under the direction of an abstracter licensed in the county in which the property is located, who shall co…

Rule 20:36:07:03 Copies of searches to be kept. 20:36:07:03. Copies of searches to be kept. Copies of all searches provided to a title insurance agent or company under this chapter shall be kept in the files of the abstracter. Source: 7 SDR 72, effective February 1, 1981; 12 SDR …