Title 36 — PROFESSIONS AND OCCUPATIONS

The commission shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the commission in investigating the real estate and its proposed sale in …

Before the approval of an application, the applicant shall file with the commission a designation in writing that appoints the executive director of the commission to act as the applicant's agent, upon whom all judicial and other process or legal notices directed to the applicant…

If the application is approved, the commission shall issue a certificate of registration to the applicant. After issuance of a certificate, an annual fee of fifty dollars plus ten dollars for each one hundred lots or fraction thereof computed on the number of lots in the original…

An instrument conveying an interest in the subdivided real estate shall be in recordable form and the subdivider or buyer may record such instrument in the county where the real estate is located and in the office where deeds are recorded. Source: SL 1992, ch 273 , § 98.

The executive director, with the consent of the commission, may issue a cease and desist order upon determination that the provisions of §§ 36-21A-93 to 36-21A-98 , inclusive, have been or are about to be violated. Source: SL 1992, ch 273 , § 99.

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…

Terms used in this chapter mean: (1) "Client," any person who engages, or seeks to engage, the services of a home inspector for the purpose of obtaining inspection of and written report upon the condition of a residential building; (2) "Commission," the South Dakota Real Estate C…

Any license or registration expires on December thirty - first of the year following issuance and may be renewed biennially. An application for renewal shall be filed with the commission no later than November thirtieth of the year of expiration. Any renewal application filed aft…

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) "…