South Dakota Administrative Code

20:38:31:04.01. Land surveying experience -- Supervision required. To qualify as land surveying experience under § 20:38:31:04, the applicant for licensure must complete the experience under the direct supervision of a licensed professional land surveyor who is actively engaged i…

20:38:31:05. Landscape architecture. An applicant for licensure as a landscape architect is required to have experience as determined by the CLARB. The applicant's CLARB council record must be provided to the board for evaluation. Source: 26 SDR 9, effective July 29, 1999; transf…

Rule 20:38:31:06 Petroleum release assessment. 20:38:31:06. Petroleum release assessment. An applicant for licensure as a Petroleum Release Assessor shall meet the following experience requirement: (1) One year experience for an applicant meeting the education requirement describ…

Rule 20:38:31:07 Petroleum release remediation. 20:38:31:07. Petroleum release remediation. An applicant for licensure as a Petroleum Release Remediator shall meet the following experience requirement: (1) Two years experience for an applicant meeting the education requirement de…

20:38:32:01. Examination required. An applicant for admission to examination shall pay the required examination fee to the appropriate organization or vendor prior to admission to the examination. An examination vendor may be used to administer an examination. The policies and pr…

20:38:32:02. Architecture. An applicant for licensure as an architect shall pass the ARE in accordance with the NCARB ARE guidelines. An applicant may apply to NCARB for admission to the examination upon satisfaction of the architecture education requirement. A NCARB certificatio…

20:38:32:03. Engineering. An applicant for licensure as a professional engineer shall pass the Fundamentals of Engineering (FE) examination and the Principles and Practice of Engineering (PE) examination. An applicant who has satisfied the engineering education requirement or who…

20:38:32:04. Land surveying. An applicant for licensure as a land surveyor shall pass: (1) The Fundamentals of Surveying (FS) examination, which is prepared and scored by the NCEES; (2) The Principles and Practice of Surveying (PS) examination, which is prepared and scored by the…

Rule 20:38:32:05 Landscape architecture. 20:38:32:05. Landscape architecture. An applicant for licensure as a Landscape Architect shall pass the LARE, which is prepared and scored by CLARB. An applicant may apply to CLARB for admission to the examination upon satisfaction of the …

20:38:32:06. Petroleum release assessment or remediation. An applicant for licensure as a petroleum release assessor or remediator must pass the petroleum release examination, which is prepared and scored by the board. The examination is an open-book electronic examination over S…

Rule 20:38:33:01 Fee payments. 20:38:33:01. Fee payments. Fees and penalties must be paid in full and are non-refundable. Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:19.01, 38 SDR 121, effective January 16, 2012. General Authority: SDCL 36-18A-22(2). Law I…

Rule 20:38:33:02 Application fees. 20:38:33:02. Application fees. Application fees are as follows: (1) Application for licensure, $100; (2) Application for admission to examination, $100; (3) Application for business entity licensure, $100; (4) Application for testing and licensu…

20:38:33:03. Examination fees. Certain examination fees are set by the examination vendor and are to be paid by the applicant directly to the following vendors: (1) The NCEES for engineering and land surveying examinations; (2) The NCARB for architecture examinations; and (3) The…

Rule 20:38:33:04 Renewal fees. 20:38:33:04. Renewal fees. Renewal fees are as follows: (1) Individual license, active status, $80 biennially; (2) Individual license, inactive status, $40 biennially; (3) Individual license, retired status, $10 biennially; and (4) Business entity l…

Rule 20:38:33:05 Late renewal penalty. 20:38:33:05. Late renewal penalty. Late renewal penalties are as follows: (1) Individual license, $100; and (2) Business entity license, $100. Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § …

Rule 20:38:33:06 Reactivation fee. 20:38:33:06. Reactivation fee. Reactivation of individual license from inactive status, $80. Source: 38 SDR 121, effective January 16, 2012. General Authority: SDCL 36-18A-22(2), 36-18A-42. Law Implemented: SDCL 36-18A-42.

Rule 20:38:33:07 Reinstatement fees. 20:38:33:07. Reinstatement fees. The fees for reinstatement within three years after the date of expiration are as follows: (1) Individual license, $180; and (2) Business entity, $180. Source: 38 SDR 121, effective January 16, 2012. General Au…

20:38:33:08. Duplicate certificate fees. Duplicate certificate fees are as follows: (1) Intern, five dollars; (2) Licensee, fifteen dollars; and (3) Business entity, fifteen dollars. These fees may not apply to any duplicate license obtained electronically by the licensee directl…

Rule 20:38:33:09 Returned check fee. 20:38:33:09. Returned check fee. An applicant who submits a check that is returned by a financial institution due to insufficient funds shall pay a returned check fee of $30. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective Janu…

Rule 20:38:33:10 Roster fee. 20:38:33:10. Roster fee. The fee for a list of current interns, individual licensees, or business entity licensees is $25 each. Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:19:12, 38 SDR 121…

20:38:34:01. Comity licensure application. An applicant licensed in another state or foreign country must be fully licensed by the board before offering to practice or practicing professional services within this state. An applicant for licensure through comity must comply with a…

Rule 20:38:34:02 Education requirement. 20:38:34:02. Education requirement. An applicant for licensure through comity shall meet the necessary education requirement as described in SDCL 36-18A-35. Source: 38 SDR 121, effective January 16, 2012. General Authority: SDCL 36-18A-22(3…

Rule 20:38:34:03 Experience requirement. 20:38:34:03 Experience requirement. An applicant for licensure through comity shall meet the necessary experience requirement as described in SDCL 36-18A-35. An applicant for licensure through comity may receive credit for non-mentored exp…

20:38:34:04. Examination requirement. An applicant for licensure through comity shall meet the examination requirement as described in SDCL 36-18A-35. In addition, an applicant for licensure through comity must take and pass an electronic examination on South Dakota licensure law…

Rule 20:38:34:05 Application fees. 20:38:34:05. Application fees. An applicant for licensure through comity shall pay the necessary application fee as set out in § 20:38:33:02. Source: 38 SDR 121, effective January 16, 2012. General Authority: SDCL 36-18A-22(2), 36-18A-35. Law Im…

20:38:35:01. Continuing professional development required for license renewal. Unless exempted as provided in § 20:38:35:08, a licensee must obtain a minimum of thirty PDH during the biennium preceding license renewal. PDH credit must be obtained in a qualifying professional deve…

20:38:35:02. Alternative continuing professional development option for architects. Repealed. Source: 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

Rule 20:38:35:03 PDH sources. 20:38:35:03. PDH sources. PDH sources are as follows: (1) College courses, completed with passing grades; (2) Continuing education courses, completed with passing grades; (3) Correspondence, televised, videotaped, audiotaped, Internet, and other shor…

Rule 20:38:35:04 Multiple licenses. 20:38:35:04. Multiple licenses. A person licensed in more than one profession regulated by the board must obtain a combined total of 30 PDH biennially, at least one-third of which must be obtained in each profession. Source: 26 SDR 9, effective…

Rule 20:38:35:05 Reactivation. 20:38:35:05. Reactivation. A former licensee seeking reactivation of an expired license within three years of expiration must obtain a minimum of all delinquent PDH for the inactive years up to a maximum of 30 PDH. A former multiple licensee must ob…

Rule 20:38:35:06 PDH credit. 20:38:35:06. PDH credit. The board is the final authority for approval of PDH credit. The board may not pre-approve courses or providers for PDH credit. PDH credit is determined as follows: (1) One college semester hour, 45 PDH; (2) One college quarte…

Rule 20:38:35:07 Record keeping. 20:38:35:07. Record keeping. A licensee shall maintain records to support PDH credits claimed. Records sufficient for audit purposes must be maintained for a minimum of three years after the date of renewal. A licensee shall keep the following: (1…

Rule 20:38:35:08 Exemptions. 20:38:35:08. Exemptions. A licensee may be temporarily exempted from the continuing professional development requirements as follows: (1) A licensee serving on temporary active duty in the armed forces of the United States for more than 120 consecutiv…

20:38:35:09. Audits. The executive director shall select a random sample of license renewals to audit for compliance. Each licensee selected for audit shall submit copies of the PDH records required to be kept by § 20:38:35:07 for the audit period. The board may also audit based …

20:38:35:10. Compliance. If an audit indicates a failure to comply with the professional development requirements, the licensee has thirty calendar days, after receipt of written notice of the failure, to show compliance. If the licensee is unable to show compliance, the licensee…

Rule 20:38:35:11 Carryover PDH. 20:38:35:11. Carryover PDH. If a licensee obtains more than 30 PDH in a biennium, up to 15 PDH may be carried over to the following biennium. Any PDH carried over may only be carried over from the previous biennium. Source: 47 SDR 73, effective Dec…

20:38:36:01. Professional conduct. To establish and maintain a high standard of integrity, skill, and practice in the professions and to safeguard the life, health, safety, welfare, and property of the public, the following rules of professional conduct are binding upon each pers…

Rule 20:38:37:01 Seals. 20:38:37:01. Seals. A licensed professional engineer, architect, land surveyor, or landscape architect is responsible for the security and proper use of an appropriate seal. No petroleum release assessor, petroleum release remediator, or intern may obtain …

Rule 20:38:37:02 Prime professional. 20:38:37:02. Prime professional. The prime professional is the licensed architect or professional engineer who leads the design team and manages the design project. A prime professional is required for any project that requires the coordinatio…

Rule 20:38:37:03 Construction administration services. 20:38:37:03. Construction administration services. Construction administration services shall be provided by a licensee practicing within the licensee's profession and comprise the following minimum services: (1) Visiting the…

Rule 20:38:37:04 Combining architecture, engineering, and construction services. 20:38:37:04. Combining architecture, engineering, and construction services. A business entity offering any combination of architectural and engineering services together with construction services s…

Rule 20:38:37:05 Land surveyors. 20:38:37:05. Land surveyors. A licensed land surveyor shall perform the following services: (1) Filing certified land corner records. On certified land corner records, a licensed surveyor shall date, sign and affix the licensed surveyor's number a…

Rule 20:38:37:06 Services on exempt projects or for exempt entities. 20:38:37:06. Services on exempt projects or for exempt entities. Any licensed professional architect, engineer, landscape architect, or land surveyor in South Dakota performing services on an exempt project or f…

Rule 20:38:37:07 Petroleum release samples. 20:38:37:07. Petroleum release samples. A petroleum release assessor or remediator shall gather assessment samples to determine if there is a petroleum release and shall direct soil borings and determine where to collect samples for ana…

Rule 20:38:38:01 Automatic fire sprinkler and fire alarm systems. 20:38:38:01. Automatic fire sprinkler and fire alarm systems. If fire sprinkler or fire alarm shop drawings are to be used to finalize engineering concepts, a licensed professional engineer shall provide and be res…

Rule 20:38:38:02 Shop drawings for fire sprinkler system. 20:38:38:02. Shop drawings for fire sprinkler system. A properly qualified technician or licensee shall execute the design concept and prepare shop drawings for a fire sprinkler system. Source: 29 SDR 95, effective January…

Rule 20:38:38:03 Qualified fire sprinkler system technician. 20:38:38:03. Qualified fire sprinkler system technician. A qualified fire sprinkler system technician is a person who has at least one of the following qualifications: (1) National Institute for Certification in Enginee…

Rule 20:38:38:04 Shop drawings for fire alarm system. 20:38:38:04. Shop drawings for fire alarm system. A properly qualified technician or licensee shall execute the design concept and prepare shop drawings for any fire alarm system. Source: 30 SDR 204, effective June 24, 2004; 3…

Rule 20:38:38:05 Qualified fire alarm system technician. 20:38:38:05. Qualified fire alarm system technician. A qualified fire alarm system technician is a person who has at least one of the following qualifications in fire alarm systems: (1) National Institute for Certification …

Rule 20:38:38:06 Exempt projects and routine maintenance. 20:38:38:06. Exempt projects and routine maintenance. A licensee may not be required to provide design concepts or an acceptance letter of review for: (1) Projects exempt from building code requirements for fire protection…