Title 36 — PROFESSIONS AND OCCUPATIONS

Any person who performs a real estate appraisal or advertises or holds himself or herself out to the general public as a real estate appraiser in this state shall be certified, licensed, or registered by the Department of Labor and Regulation unless exempt under another provision…

The secretary may assess to a licensee or applicant all or part of the actual expenses of a contested case proceeding resulting in the discipline or censure of the licensee, suspension or revocation of the licensee's license, or the denial of a license to the applicant. Source: S…

No real estate appraiser with an interest in a real estate transaction or the financing of any loan secured by real estate involving an appraisal assignment may improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate …

No person violates § 36-21B-11 solely by asking a real estate appraiser to consider additional, appropriate property information, or to provide further detail, substantiation, or explanation for the appraiser's value conclusion, or to correct errors in the appraisal report, or by…

A certified, licensed, or registered appraiser may provide an evaluation of real estate for a federally insured depository institution if the evaluation is permitted by law, regulation, or regulatory guidance. Any evaluation by an appraiser must be conducted in accordance with fe…

Terms used in this chapter mean: (1) "Appraisal," the act or process of developing an opinion of value of real estate for another and for compensation; (2) "Appraisal practice," any valuation service, including appraisal, appraisal review, or appraisal consulting, performed by a …

Source: SL 2013, ch 180 , § 1; SL 2020, ch 164 , § 2.

Each applicant for initial certification, licensure, or registration as a state-registered appraiser, state-licensed appraiser, state-certified residential appraiser, or state-certified general appraiser in this state shall submit to a state and federal criminal background invest…

The department shall deny issuance of a certificate to any applicant who: (1) Has had the ability to perform appraisals revoked in any governmental jurisdiction within the five year period immediately preceding the date of application; (2) Has been convicted of, or pled guilty or…

The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 relating to appraisers and appraisals in the following areas: (1) Certification, licensing, and registration of appraisers; (2) Definition of terms; (3) Uniform standards of prof…

The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 to establish fees for the certification, licensing, and registration of real estate appraisers as follows: (1) Application fees not to exceed five hundred dollars; (2) Renewal fe…

All moneys coming into the custody of the Department of Labor and Regulation including certificate fees, renewal fees, reciprocity fees, penalty fees, and any other payments, shall be deposited by the department to the state treasurer weekly, or as prescribed by the state treasur…

Any expenditure of money out of the South Dakota Real Estate Appraiser Fund shall be made only upon appropriation by the Legislature through either the general appropriations act or a special appropriations bill. Source: SL 1995, ch 223 , § 7A.

The secretary of the Department of Labor and Regulation may impose a monetary penalty not to exceed one thousand dollars or require additional educational course requirements, or both, of a person licensed pursuant to this chapter upon proof of a violation of the rules relating t…

Unless required by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub.L. No. 101-73, 103 Stat. 183 (1989), 12 U.S.C. § 3310, et seq., this chapter does not apply to the following: (1) Any public officer while performing public duties; (2) Any bank, trus…

36-21B-10 Contested cases--Assessment of expenses. 36-21B-11 Improper influence on real estate appraisals prohibited--Grounds for discipline. 36-21B-12 Conduct not constituting improper influence on real estate appraisals. 36-21B-13 Evaluation for federally insured depository ins…