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Administrative Rules

CHAPTER 20:38:34

 

COMITY LICENSURE REQUIREMENTS

Section

20:38:34:01        Comity licensure application.

20:38:34:02        Education requirement.

20:38:34:03        Experience requirement.

20:38:34:04        Examination requirement.

20:38:34:05        Application fees.




    20:38:34:01.  Comity licensure application. An applicant licensed in another state or foreign country must be fully licensed by the board before offering to practice or practicing professional services within this state. An applicant for licensure through comity must comply with all application requirements set out in chapter 20:38:29.

    If licensure is not current in that state and examination verification cannot be obtained, the applicant must provide evidence of continuous licensure in another state. If the applicant is licensed in the applicant's state of residence, the executive director must request verification from that state board.

    A verified professional record from the NCARB for architects, the CLARB for landscape architects, or the NCEES for engineers and land surveyors may be considered by the board as evidence of meeting comity requirements.

    Source: 38 SDR 121, effective January 16, 2012; 40 SDR 121, effective January 7, 2014; 51 SDR 56, effective November 20, 2024.

    General Authority: SDCL 36-18A-22(1).

    Law Implemented: SDCL 36-18A-35.




Rule 20:38:34:02 Education requirement.

          20:38:34:02.  Education requirement. An applicant for licensure through comity shall meet the necessary education requirement as described in SDCL 36-18A-35.

 

          Source: 38 SDR 121, effective January 16, 2012.

          General Authority: SDCL 36-18A-22(3).

          Law Implemented: SDCL 36-18A-25 to 36-18A-30, inclusive, 36-18A-35.

 




Rule 20:38:34:03 Experience requirement.

          20:38:34:03  Experience requirement. An applicant for licensure through comity shall meet the necessary experience requirement as described in SDCL 36-18A-35.

 

          An applicant for licensure through comity may receive credit for non-mentored experience if the applicant has been licensed in another jurisdiction for at least ten years and is currently in good standing with no pending investigations.

 

          Source: 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020.

          General Authority: SDCL 36-18A-22(3).

          Law Implemented: SDCL 36-18A-25 through 36-18A-30, 36-18A-35.

 




    20:38:34:04.  Examination requirement. An applicant for licensure through comity shall meet the examination requirement as described in SDCL 36-18A-35. In addition, an applicant for licensure through comity must take and pass an electronic examination on South Dakota licensure laws prior to licensure.

    An applicant for licensure through comity in land surveying must pass the two-hour, open-book, electronic examination of South Dakota land surveying practice and laws, as described in § 20:38:32:04.

    Source: 38 SDR 121, effective January 16, 2012; 40 SDR 121, effective January 7, 2014; 51 SDR 56, effective November 20, 2024.

    General Authority: SDCL 36-18A-22(3).

    Law Implemented: SDCL 36-18A-35.




Rule 20:38:34:05 Application fees.

          20:38:34:05.  Application fees. An applicant for licensure through comity shall pay the necessary application fee as set out in § 20:38:33:02.

 

          Source: 38 SDR 121, effective January 16, 2012.

          General Authority: SDCL 36-18A-22(2), 36-18A-35.

          Law Implemented: SDCL 36-18A-35.

 

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