Title 36 — PROFESSIONS AND OCCUPATIONS

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…

Source: SDC 1939, § 27.1403; SL 1939, ch 102 , § 3; SL 1945, ch 109 ; SL 1947, ch 124 ; SL 1963, ch 154 , § 2; revised pursuant to SL 1972, ch 15 , § 3; SL 2023, ch 137 , § 23.

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 …

The board shall promulgate rules, in accordance with chapter 1-26 , to: (1) Administer, coordinate, and enforce this chapter; (2) Establish requirements for license application and renewal; (3) Establish standards of professional conduct; (4) Establish standards for the operation…

Source: SL 1963, ch 154 , § 2; SL 2023, ch 137 , § 24.

Except as otherwise provided in this section, a person may not, without being licensed as a funeral director by the board: (1) Embalm any dead human body; (2) Practice embalming; (3) Conduct or supervise funeral services and burials of casketed remains; or (4) Maintain a funeral …

Source: SL 1963, ch 154 , § 3; SL 1977, ch 300 , § 1; SL 1991, ch 311 , § 2; SL 2008, ch 191 , § 34; SL 2023, ch 137 , § 25.

The board shall provide for the registration of each trainee pursuing licensure to practice funeral service. The board shall, by rule promulgated in accordance with chapter 1-26 , provide for a registration fee, which may not exceed twenty-five dollars. Source: SL 1963, ch 154 , …

36-19-20 Repealed. 36-19-21 Funeral service--License requirements. 36-19-22 Repealed. 36-19-23 Repealed. 36-19-24 Repealed. 36-19-25 Funeral service--Licensure renewal--Promulgation of rules--Fee. 36-19-25.1 Repealed. 36-19-26

The State Board of Funeral Service consists of five members appointed by the Governor. Four members must be persons who have been licensed to practice funeral service for at least five years and are currently licensed in accordance with this chapter. One member must be a represen…

Source: SDC 1939, § 27.1406; SL 1939, ch 102 , § 4; SL 1951, ch 132 , § 1; SL 1963, ch 154 , § 3; SL 1972, ch 15 , § 3; SL 2013, ch 174 , § 1; SL 2023, ch 137 , § 26.

The board may issue a license to practice funeral service to any person who: (1) Is at least eighteen years of age; (2) Submits an application on a form prescribed by the board; (3) Pays the application fee established by the board, in accordance with § 36-19-12.1 ; (4) Has compl…

Source: SDC 1939, § 27.1406; SL 1939, ch 102 , § 4; SL 1951, ch 132 , § 1; SL 1963, ch 154 , § 3; SL 2023, ch 137 , § 27.

Source: SL 1963, ch 154 , § 3; SL 2023, ch 137 , § 28.

Source: SDC 1939, § 27.1407; SL 1939, ch 102 , § 5; SL 1951, ch 132 , § 2; SL 1963, ch 154 , § 6; SL 1977, ch 300 , § 3; SL 2007, ch 220 , § 1; SL 2023, ch 137 , § 29.

A license to practice funeral service must be renewed annually. The board shall, by rule promulgated in accordance with chapter 1-26 , establish the renewal fee, which may not exceed two hundred twenty-five dollars. Source: SDC 1939, § 27.1407; SL 1939, ch 102 , § 5; SL 1951, ch …

Source: SL 1983, ch 272 , § 2; SL 2023, ch 137 , § 30. 36-19-26. Repealed by SL 1977, ch 300 , § 8.

36-19-27 Funeral establishment--Licensure requirement--Application--Fee--Inspection authority--Promulgation of rules. 36-19-28 Repealed. 36-19-29

An application for a license to operate a funeral establishment is required for each location. The application must be on a form provided by the board and accompanied by an application fee. The board shall, by rule promulgated in accordance with chapter 1-26 , establish the appli…

Source: SDC 1939, § 27.1401 as added by SL 1939, ch 102 , § 1; SDC Supp 1960, § 27.1401 (3); SL 1963, ch 154 , § 1; SL 2023, ch 137 , § 31. 36-19-29. Repealed by SL 1991, ch 311 , § 5.

36-19-30 Funeral establishment--Management. 36-19-31 Funeral establishment--Inspection. 36-19-32 Funeral establishment--Transfer or cessation. 36-19-33 Repealed. 36-19-34 Repealed. 36-19-35 Repealed. 36-19-36 License--Limitations on transferability. 36-19-37 License expiration--R…

Source: SDC 1939, § 27.1402; SL 1939, ch 102 , § 2; SL 1963, ch 154 , § 2; SL 1976, ch 234 , § 2; SL 1985, ch 15 , § 48; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015; SL 2023, ch 137 , § 20. 36-19-3.1. Repealed by SL 1976, ch 234 , § 3.

36-19-4 Repealed. 36-19-5 Repealed. 36-19-6 State Board of Funeral Service--Meetings. 36-19-6.1 State Board of Funeral Service--Administration. 36-19-7 State Board of Funeral Service--Compensation--Reimbursement for expenses. 36-19-8

Each funeral establishment must be managed by a person licensed under this chapter. Source: SL 1963, ch 154 , § 4; SL 2023, ch 137 , § 14.

The board shall inspect each funeral establishment at least once every three years. Source: SDC 1939, § 27.1403 as added by SL 1939, ch 102 , § 3; SL 1945, ch 109 ; SL 1947, ch 124 ; omitted SDC Supp 1960, § 27.1403; SL 1963, ch 154 , § 2; SL 2023, ch 137 , § 15.

The holder of any funeral establishment license who transfers the location of the establishment, ceases to operate the establishment, or transfers the license to another, shall, within five days thereafter, notify the board. If the location is transferred, the transferee shall pr…

Source: SL 1963, ch 154 , § 5; SL 2023, ch 137 , § 32.