Title 36, PROFESSIONS AND OCCUPATIONS

The board shall notify by mail any person licensed under this chapter of the date of expiration of the license, the requirement of professional development hours, and the amount of the fee required for renewal. The notice shall be mailed to the last known address of the licensee …

A person or business entity may reinstate an expired license or request inactive status within three years after a license's date of expiration if the person or business entity is otherwise qualified. The fee for the reinstatement of the license or requesting inactive status afte…

Any licensed person may request that the person's license be placed on inactive or retired status. A fee, not to exceed two hundred dollars, to place files on inactive or retired status shall be determined by the board in rules promulgated pursuant to chapter 1-26 . Failure to re…

Any licensed professional engineer, architect, land surveyor, and landscape architect shall use an appropriate seal. The seal shall contain the following information: (1) The name, South Dakota; (2) Licensee's name; (3) License number; and (4) The appropriate title or combination…

The application of the licensee's seal and signature and the date constitutes certification that the work on which it was applied was done by the licensee or under the licensee's responsible charge. The seal, signature, and date shall be placed in such a manner that can be legibl…

Each drawing, report, or document that is signed and sealed using a digital signature shall have an electronic authentication process attached to or logically associated with the electronic document. The licensee's use of a digital signature is optional and, if used, shall be: (1…

No person other than an architect may provide construction administration services on an architecture portion of a project that is not exempt pursuant to § 36-18A-2 . No person other than a professional engineer may provide construction administration services on an engineering p…

If a licensee in responsible charge of the work is unavailable to complete the work, a successor licensee may take responsible charge by performing all professional services to include developing a complete design file with work or design criteria, calculations, code research, an…

Any office physically located and maintained in this state to offer engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services shall have an appropriately licensed person who is regularly employed i…

Any business entity that desires to practice engineering, architecture, land surveying, landscape architecture, or petroleum release assessment or remediation in this state shall register with the board by making application for a certificate of authorization. A business entity i…

A business entity or office desiring a certificate of authorization or renewal shall file a written application with the board which shall contain the following: (1) The names, license numbers, and profession of all employees or sole proprietors of the business entity or office w…

For the purposes of this chapter, the term, practice of landscape architecture, means the practice or offering to practice landscape architecture projects, including preparing preliminary studies, providing land-use studies, developing design concepts, planning for the relationsh…

The board shall issue a certificate of authorization or a renewal to a business entity or office upon receipt of an application for a certificate of authorization and a fee as set by the board pursuant to chapter 1-26 unless the board finds an error in the application or that any…

The business entity shall file with the board a written report of any change in the information submitted on the application that occurs during the term of the certificate of authorization. The business entity shall report the change within thirty days after the effective date of…

The provisions with respect to issuance, expiration, renewal, and reissuance of the certificate of licensure of persons contained in this chapter apply to certificates of authorization issued to business entities under the provisions of this chapter. A business entity is subject …

A violation of any of the provisions of this chapter by a business entity is not grounds for the revocation, suspension, or refusal to renew a license of an individual employee of the business entity unless the board finds that the employee was a party to the violation. Source: S…

The board shall inquire into the identity of any person alleged to be engaging in the unlawful practice of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation. The board shall investigate alleged violat…

When investigating alleged violations, the board may administer oaths to witnesses appearing before the board, subpoena licensees as witnesses and compel their attendance, and require the submittal of plans, specifications, books, records, papers, and other documents. If a licens…

The board may take action without proof of actual injury on the following violations: (1) Has violated any statute, rule, or order that the board has issued or is empowered to enforce; (2) Has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not …

If the board determines that a person or business entity is in violation of this chapter, the board may take the following actions: (1) Deny an application; (2) Suspend, temporarily suspend, revoke, or refuse to renew an enrollment or license; (3) Place on probation, condition, o…

In lieu of or in addition to any disciplinary remedy provided in § 36-18A-57 or civil remedy provided in § 36-18A-61 , the board may require, as a condition of continued licensure, termination of suspension, reinstatement of license, examination, or release of examination grades,…

Proceedings for the revocation or suspension of a license shall be conducted pursuant to chapter 1-26 and rules promulgated pursuant to this chapter. Source: SL 1999, ch 195 , § 59.

For the purposes of this chapter, the term, practice of petroleum release assessment, means the practice of directing or supervising the field crew performing activities related to assessments and environmental monitoring; developing assessment plans; directing the placement of s…

The findings and actions of the board on disciplinary matters shall be subject to appeal as provided by chapter 1-26 and rules promulgated pursuant to this chapter. Source: SL 1999, ch 195 , § 60.

Any person who has violated any provision of this chapter or any rule promulgated pursuant to this chapter, is subject to the following penalties: (1) Administrative fine: (a) Licensed person: Any person licensed by the board who violates any provision of this chapter is liable f…

Service of the order is effective if the order is served on the person or counsel of record personally or by certified mail to the most recent address provided to the board for the person or counsel of record. Unless otherwise agreed by the board and the person requesting the hea…

The board or administrative law judge shall issue a report within thirty days of the close of the contested case hearing record. Within thirty days after the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease …

If no hearing is requested within the thirty days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board. If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified…

No person may: (1) Practice, or offer to practice, the professions of engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state without being licensed or exempt in accordance with the provisions…

No person may: (1) Accept or contract to receive, directly or indirectly, any commission, percentage, gift, or other item of value for that person's influence in securing a contract or approving the performance of a contract, from any manufacturer, agent, or vendor of any materia…

The board may impose a fee to reimburse the board for all or part of the cost of proceedings resulting in disciplinary action authorized by this chapter, the imposition of civil penalties, or the issuance of a cease and desist order. The fee may be imposed if the board shows a pe…

A professional engineer, architect, land surveyor, landscape architect, petroleum release assessor, or petroleum release remediator is not liable for the safety of persons or property on or about a construction project site, or for the construction techniques, procedures, sequenc…

Any contract, written or oral, for engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation services made by any person in violation of any provision of this chapter is unenforceable as to such services. I…

For the purposes of this chapter, the term, practice of petroleum release remediation, means the practice of interpreting assessment results; formulating input data for contaminant models; operating contaminant models and interpreting results; identifying the potential fate of co…

No public officer or employee, as defined in subdivisions 22-1-2(37) and (39), charged with the authority or responsibility of approving or accepting plans, specifications, plats, or any other technical submissions, may accept or approve such plans, specifications, plats, or tech…

No register of deeds of any county may file or record any map, plat, survey, or other technical submissions within the definition of land surveying which does not have impressed thereon and affixed thereto the personal signature, seal, and date of a land surveyor by whom or under…

The board may promulgate rules, pursuant to chapter 1-26 , regarding procedures and standards for certifying those who perform environmental technical services relative to site assessment, remedial investigations, and corrective actions necessary to remediate water or soil contam…

No person or business entity may perform environmental technical services without certification. A violation of this section is a Class 1 misdemeanor. Source: SL 1999, ch 195 , § 73.

All licenses and enrollments in effect on July 1, 1999, and issued pursuant to chapter 36-18 , are continued for the balance of the term for which last issued. Source: SL 1999, ch 195 , § 75.

Nothing in this chapter prohibits any person from engaging in the practice of, or offering to engage in practice as, a golf course designer. For purposes of this section, the term, golf course designer, means a person who performs professional services such as consultation, inves…

No architect or engineer may be held liable for personal injury, wrongful death, property damage, or other loss related to any architectural, structural, electrical, mechanical, or other professional design service provided by the architect or engineer, voluntarily or without com…

Any person or business entity practicing or offering to practice architecture, engineering, land surveying, landscape architecture, or petroleum release assessment or remediation shall submit evidence of qualifications to the board and be licensed in accordance with the provision…

This chapter does not apply to: (1) Any person engaged in military engineering while rendering service exclusively for any of the armed forces of the United States or this state; (2) Any person engaged in the practice of engineering, architecture, landscape architecture, or land …

Terms used in this chapter mean: (1) "Board," the State Board of Funeral Service; (2) "Branch chapel," a separate facility with a visitation room or chapel, in which no embalming is permitted, and which is owned by, a subsidiary of, or otherwise financially connected to or contro…

All fees collected under the provisions of this chapter shall be paid to the treasurer of the State Board of Funeral Service, to be used for the purpose of defraying its necessary salaries and expenses. Source: SDC 1939, § 27.1405; SL 1963, ch 154 , § 2.

The board may: (1) Issue and renew licenses, as provided in this chapter; (2) Issue subpoenas, examine witnesses, administer oaths, conduct hearings and, at its discretion, investigate allegations of violations of this chapter, and impose penalties for such violations; (3) Enter …