Title 36, PROFESSIONS AND OCCUPATIONS

The commission may suspend, revoke, reprimand, or assess a monetary penalty not to exceed two thousand five hundred dollars, or may provide for a combination or revocation, suspension, reprimand, or monetary penalty, for any violation of this chapter or any administrative rule ad…

All fees and any fines imposed by the commission shall be paid to the fund of the commission. Source: SL 2000, ch 194 , § 12.

The commission may refuse to grant or may suspend or revoke a home inspector license or registration upon proof, to the satisfaction of the commission, that the holder has: (1) Disclosed any information concerning the results of the home inspection without the approval of a clien…

Each applicant for licensure and registration as a home inspector in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application…

The commission shall issue and renew certificates to licensed and registered home inspectors pursuant to the provisions of this chapter. Source: SL 2000, ch 194 , § 2.

No person may provide, or hold oneself out as able to provide, a home inspection for compensation unless registered or licensed in accordance with the provisions of this chapter. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 194 , § 3.

An applicant for a license as a home inspector shall file a written application provided by the commission showing that the applicant meets the following requirements: (1) Good moral character; (2) Successful completion of high school or high school equivalency; (3) Employment as…

An applicant for registration as a home inspector shall file a written application provided by the commission showing that the applicant meets the following requirements: (1) Good moral character; (2) Successful completion of high school or high school equivalency; (3) Successful…

The commission shall promulgate rules pursuant to chapter 1-26 for licensed and registered home inspectors in the following areas: (1) Standards and requirements for prelicense and continuing education, including qualifications of instructors, procedures for granting a certificat…

The provisions of this chapter do not apply to any of the following persons: (1) Any person who is employed as a code enforcement official by the state or a political subdivision of the state when acting within the scope of that governmental employment; (2) Any person regulated b…

Upon payment to the commission of a fee and the submission of a written application provided by the commission, the commission may issue a home inspector license to any person who holds a valid license issued by another state or possession of the United States or the District of …

During the first three hundred sixty - five days after January 1, 2001, the commission shall issue to any person, upon application, a home inspector license, if the applicant meets the requirements of subdivisions 36-21C-4(1), (2), and (4) and has been engaged in the practice of …

Any person or entity acting as an appraisal management company or performing appraisal management services in this state, except an appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institution regul…

No employee, director, officer, agent, independent contractor or other third party acting on behalf of an appraisal management company may: (1) Improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal; (2) In…

No appraisal management company violates § 36-21D-10 solely by asking a real estate appraiser to: (1) Consider additional, appropriate property information; (2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (3) Correct errors in t…

An applicant for issuance or renewal of an appraisal management company registration shall file with the Department of Labor and Regulation a surety bond with one or more corporate sureties authorized to do business in this state or an irrevocable letter of credit issued by an in…

An appraisal management company shall continuously maintain the surety bond or irrevocable letter of credit required by § 36-21D-12 on file with the Department of Labor and Regulation in the amount of twenty-five thousand dollars for the exclusive purpose of payment of the obliga…

Any person damaged by an appraisal management company's failure to pay an obligation listed in subdivision 36-21D-12(1) has a right of action against the surety bond or irrevocable letter of credit. Any action against a surety bond or irrevocable letter of credit must be filed in…

For the purposes of this chapter, the term, appraisal management company, means, in connection with valuing properties and collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor of a consumer credit…

For the purposes of this chapter, an appraisal is the act or process of developing an opinion of value of real estate for another and for compensation. Source: SL 2011, ch 184 , § 3; SL 2013, ch 180 , § 3.

The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 relating to appraisal management companies and appraisal management services in the following areas: (1) Registration of appraisal management companies; (2) Definition of terms; …

The secretary of the Department of Labor and Regulation may promulgate rules pursuant to chapter 1-26 to establish fees for registration of appraisal management companies as follows: (1) Application fees not to exceed one thousand dollars; (2) Renewal fees not to exceed one thous…

All moneys received by the Department of Labor and Regulation pursuant to this chapter shall be deposited by the department with the state treasurer. The state treasurer shall credit the moneys to the South Dakota appraisal management companies fund. Expenditure from this fund sh…

Any expenditure of money from the South Dakota appraisal management companies fund shall be made only upon appropriation by the Legislature through either the general appropriations act or a special appropriations bill. Source: SL 2011, ch 184 , § 7.

The secretary of the Department of Labor and Regulation may impose a monetary penalty not to exceed two thousand dollars on an appraisal management company registered pursuant to this chapter or on an unregistered appraisal management company performing appraisal management servi…

The secretary of the Department of Labor and Regulation may assess to a registered appraisal management company, an applicant for registration as an appraisal management company, or an unregistered appraisal management company performing appraisal management services in this stat…

Terms used in this chapter mean: (1) "Audiogram," a graphic summary of the measurements of hearing loss showing number of decibels loss at each frequency tested; (2) "Audiologist," any person who is engaged in the practice of audiology and licensed pursuant to this chapter; (3) "…

The scope of practice of audiology involves: (1) Activities that identify, assess, diagnose, manage, and interpret test results related to disorders of human hearing, balance, and other neural systems; (2) Management of cerumen in order to evaluate hearing or balance, make ear im…

The scope of practice of licensed hearing aid dispensing involves: (1) The evaluation or measurement of hearing in a patient eighteen years or older, by means of an audiometer, for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of …

The board shall continue within the Department of Health and shall retain all its prescribed functions, including administrative functions. The board shall submit records, information, and reports in the form and at the times required by the secretary of health. The board shall r…

All moneys coming into the custody of the board must be paid by the board to the state treasurer. The state treasurer shall credit the moneys to the Board of Licensed Hearing Aid Dispensers and Audiologists account of the general fund, which account is hereby created. The moneys …

The board may: (1) Establish educational, training, and competency standards governing the examination and practice of licensees using board-approved national accrediting agencies and accepted nationally established standards, if applicable; (2) Examine an eligible applicant for …

No person may engage in the practice of fitting and dispensing hearing aids or audiology, or display a sign, or in any other way advertise or hold oneself out as a person who practices the fitting and dispensing of hearing aids or audiology in the State of South Dakota unless the…

To be eligible for a license to practice hearing aid dispensing, a person must: (1) Submit an application on a form prescribed by the board; (2) Submit an application fee, in an amount established by the board in rule promulgated pursuant to chapter 1-26 , but not exceeding three…

To be eligible for licensure by the board as an audiologist, a person must: (1) Submit an application on a form prescribed by the board; (2) Submit an application fee, in an amount established by the board in rule promulgated pursuant to chapter 1-26 , but not exceeding three hun…

There is created the Board of Licensed Hearing Aid Dispensers and Audiologists. The board consists of: (1) Two audiologists with at least two years of experience practicing audiology; (2) Two licensed hearing aid dispensers with at least two years of experience in the practice of…

The practicum examination required by subdivision 36-24-17.2 (6) must include: (1) Tests of knowledge in the following areas as they pertain to the fitting and dispensing of hearing aids: (a) Basic physics of sound; (b) The human hearing mechanism, including the science of hearin…

Nothing in this chapter may be construed as preventing or restricting: (1) A person licensed, certified, registered, or otherwise credentialed by this state in another profession from practicing within the scope of the profession for which the person is licensed, certified, regis…

The board may issue a provisional license to a person who: (1) Except for passing an examination under this chapter, otherwise qualifies for a hearing aid dispensing license; (2) Submits an application on the form prescribed by the board; and (3) Pays the application fee set by t…

The board may issue a hearing aid dispensing license or audiology license to a person who holds a valid license from another state in the person's respective professional area who: (1) Applies to the board on a form prescribed by the board; (2) Pays the application fee, not to ex…

The board shall waive the education, practicum, and professional experience requirements for an applicant who received a professional education in another country if: (1) The board is satisfied that equivalent education and practicum requirements have been met; and (2) The applic…

A license or provisional license issued under this chapter expires annually at a time specified by rules promulgated by the board pursuant to chapter 1-26 . A person licensed under this chapter shall: (1) Pay a renewal license fee established by the board, by rule promulgated pur…

The board may reinstate the license of a person who fails to renew the license by the end of the thirty-day grace period if: (1) The person submits an application for reinstatement to the board within twenty-four months after the expiration date of the license; (2) The person mee…

A suspended license is subject to expiration and may be renewed as provided in this chapter, but such renewal does not entitle the licensee, while the license remains suspended and until the license is reinstated, to engage in the licensed activity or in any other conduct or acti…

The license required by § 36-24-16 shall be kept conspicuously posted in the licensee's office or place of business at all times. A violation of this section is a Class 2 misdemeanor. Source: SL 1968, ch 118 , § 3; SL 1997, ch 221 , § 40.

Each licensee, upon changing a name, place of employment, or place of business, must, within ninety days thereafter, provide the board with updated information. A post office box number may not be the address of the place of business. The board may provide any notice required to …