Administrative Rule 20:14:13 | South Dakota Legislature

20:14:13:01. Continuing education requirements. In each odd-numbered year an applicant for renewal of a credential shall document completion of the equivalent of 28 class hours of instruction in approved courses or seminars during the preceding reporting period unless the continuing education is not required pursuant to § 20:14:13:01.01 or 20:14:03:05. Seven of the 28 class hours of instruction must be completed in the 7-hour update course that covers the uniform standards or its equivalent as determined by the secretary or an alternative method as specified for continuing education in § 20:14:13:10.01. The applicant shall successfully complete the most current edition 7-hour uniform standards course by July 1 of each even-numbered year. An applicant who has not completed the 7-hour update course by July 1 of each even-numbered year must be assessed a late completion renewal fee as prescribed in § 20:14:10:04.01. An applicant may not receive credit for completion of the same continuing education offering within an appraiser's continuing education reporting period.

Source: 18 SDR 36, effective August 25, 1991; transferred from § 20:14:05:13, 20 SDR 9, effective August 1, 1993; 21 SDR 49, effective September 18, 1994; 22 SDR 91, effective January 1, 1996; 24 SDR 91, effective January 8, 1998; 25 SDR 123, effective April 8, 1999; 29 SDR 99, effective January 15, 2003; 32 SDR 109, effective December 27, 2005; 34 SDR 67, effective September 11, 2007; 36 SDR 112, effective January 11, 2010; 38 SDR 116, effective January 10, 2012; 38 SDR 214, effective June 21, 2012; 44 SDR 27, effective August 14, 2017; 44 SDR 184, effective June 25, 2018; 46 SDR 75, effective December 4, 2019; 47 SDR 71, effective December 14, 2020.

General Authority: SDCL 36-21B-3(3)(6)(9).

Law Implemented: SDCL 36-21B-1, 36-21B-3(3)(6)(9).

Rule 20:14:13:01.01 Continuing education not required.

20:14:13:01.01. Continuing education not required. The continuing education requirement as specified in § 20:14:13:01 is not required if:

(1) A credential was issued in the previous 185 days before September 30 of the current odd-numbered year. This subdivision applies to first-time applicants only and not to applicants who have been issued an upgrade of a credential; or

(2) An appraiser is certified or licensed by reciprocity. The appraiser shall demonstrate possession of a current appraiser credential and be in good standing in the appraiser's home state or any other jurisdiction. Continuing education is required pursuant to § 20:14:13:01 if the appraiser who is certified or licensed by reciprocity moves to South Dakota.

Source: 21 SDR 49, effective September 18, 1994; 23 SDR 113, effective January 12, 1997; 25 SDR 123, effective April 8, 1999; 30 SDR 115, effective February 2, 2004; 32 SDR 109, effective December 27, 2005; 34 SDR 67, effective September 11, 2007; 40 SDR 121, effective January 7, 2014; 41 SDR 217, effective June 29, 2015; 44 SDR 27, effective August 14, 2017.

General Authority: SDCL 36-21B-3(6)(9).

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:01.02 Continuing education -- Partial requirement.

20:14:13:01.02. Continuing education -- Partial requirement. An appraiser is only required to complete fourteen hours of instruction in approved courses or seminars if the appraiser's credential is issued on or after October 1 of the previous even-numbered year and prior to 185 days before September 30 of the current odd-numbered year. This subdivision applies to first-time applicants only and not to applicants who have been issued an upgrade of a credential.

Source: 40 SDR 121, effective January 7, 2014; 44 SDR 27, effective August 14, 2017.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-3(6).

20:14:13:02. Acceptable continuing education course topics. The department shall grant credit to an applicant for renewal for courses that cover real estate topics related to appraisal and that maintain or increase an appraiser's skill, knowledge, and competency in real property appraising. Acceptable topics are those listed in this section or the equivalent as determined by the secretary:

(1) Ad valorem taxation;

(2) Arbitration, dispute resolution;

(3) Courses related to practice of real estate appraisal or consulting;

(4) Development cost estimating;

(5) Ethics, standards of professional practice, and uniform standards;

(6) Land use planning and zoning;

(7) Real estate litigation, damages, and condemnation;

(8) Management, leasing, and timesharing;

(9) Property development and partial interest;

(10) Real estate law, easements, and legal interest;

(11) Real estate financing and investment;

(12) Real estate appraisal-related computer applications;

(13) Real estate securities and syndication;

(14) Developing opinions of real property value in appraisals that also include personal property and/or business value;

(15) Seller concessions and impact on value;

(16) Energy efficient items and "green building" appraisals; and

(17) Valuation bias, fair housing, or equal opportunity.

Source: 18 SDR 36, effective August 25, 1991; transferred from § 20:14:05:14, 20 SDR 6, effective August 1, 1993; 23 SDR 113, effective January 12, 1997; 24 SDR 91, effective January 8, 1998; 32 SDR 109, effective December 27, 2005; 38 SDR 214, effective June 21, 2012; 49 SDR 25, effective September 18, 2022.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-1, 36-21B-3(6).

Rule 20:14:13:02.01 Acceptable continuing education credit for field trips.

20:14:13:02.01. Acceptable continuing education credit for field trips. Real estate appraisal related field trips may be acceptable for credit toward the continuing education requirements. Transit time to or from the field trip is not acceptable unless instruction occurs during transit.

Source: 32 SDR 109, effective December 27, 2005; 38 SDR 116, effective January 10, 2012.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-3(6)(9).

Example: A real estate related field trip may be an organized tour, which includes instruction to the students, of a dairy operation; a turkey, swine, or cattle handling facility; or a chemical and seed business.

Rule 20:14:13:03 Minimum length of continuing education course.

20:14:13:03. Minimum length of continuing education course. Continuing education credit may only be granted if the length of the course is at least two class hours.

Source: 18 SDR 36, effective August 25, 1991; transferred from § 20:14:05:15, 20 SDR 9, effective August 1, 1993; 23 SDR 113, effective January 12, 1997; 38 SDR 116, effective January 10, 2012.

General Authority: SDCL 36-21B-3.

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:03.01 Requirement for qualifying education credit.

20:14:13:03.01. Requirement for qualifying education credit. An education credit may be granted if the length of the course is at least 15 class hours and the individual successfully completes an approved closed-book examination pertinent to that course. The prescribed number of class hours may include time for examinations. Any course taken to satisfy the qualifying education requirements may not be repetitive.

Source: 18 SDR 36, effective August 25, 1991; transferred from § 20:14:05:10, 24 SDR 91, effective January 8, 1998; 32 SDR 109, effective December 27, 2005; 34 SDR 67, effective September 11, 2007; 38 SDR 116, effective January 10, 2012.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-3.

Rule 20:14:13:03.02 Maximum length of classroom hours of instruction.

20:14:13:03.02. Maximum length of classroom hours of instruction. No course may include more than eight classroom hours of instruction in a given day. Each course shall allow for adequate breaks during the course day. This rule does not preclude the giving of class assignments to be completed by the student after class.

Source: 24 SDR 91, effective January 8, 1998.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:04 Additional activities eligible for continuing education credit.

20:14:13:04. Additional activities eligible for continuing education credit. In addition to continuing education credit granted for continuing education courses covering appraisal topics listed in the respective appraiser criteria, up to one-half of an appraiser's continuing education credit may also be granted for participation, other than as a student, in appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching, program development, authorship of textbooks, or similar activities which are determined by the secretary to be equivalent to obtaining continuing education. Credit for instructing any given course or seminar may only be awarded once during a continuing education cycle.

Source: 18 SDR 36, effective August 25, 1991; transferred from § 20:14:05:16, 20 SDR 9, effective August 1, 1993; 23 SDR 113, effective January 12, 1997; 32 SDR 109, effective December 27, 2005.

General Authority: SDCL 36-21B-3.

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:05 Sources of qualifying education credit.

20:14:13:05. Sources of qualifying education credit. Credit for education may be obtained from the following:

(1) Colleges or universities;

(2) Community or junior college;

(3) Real estate appraisal or real estate-related organizations;

(4) State or federal agencies or commissions;

(5) Proprietary schools;

(6) Other providers approved by the secretary; and

(7) The Appraisal Foundation or its boards.

Source: 18 SDR 36, effective August 25, 1991; transferred from § 20:14:05:17, 20 SDR 9, effective August 1, 1993; 23 SDR 113, effective January 12, 1997; 32 SDR 109, effective December 27, 2005.

General Authority: SDCL 36-21B-3.

Law Implemented: SDCL 36-21B-3(6).

20:14:13:05.01. Acceptable courses without state review. Education courses that have received approval by the Appraiser Qualifications Board of the Appraisal Foundation through the Appraiser Qualifications Course Approval Program or by another state appraiser regulatory agency may be accepted by the secretary without additional state review.

Source: 25 SDR 123, effective April 8, 1999; 26 SDR 120, effective March 27, 2000; 32 SDR 109, effective December 27, 2005; 34 SDR 67, effective September 11, 2007; 35 SDR 175, effective January 1, 2009; 49 SDR 25, effective September 18, 2022.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-1, 36-21B-3(6)

20:14:13:05.02. Acceptable distance education courses. An asynchronous distance education course is acceptable for qualifying or continuing education if:

(1) The course provides interaction. Interaction is a reciprocal environment where the student has verbal or written communication with the instructor;

(2) Content approval is obtained from the Appraiser Qualifications Board, a state licensing jurisdiction, or an accredited college, community college, or university that offers distance education programs and is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education. Nonacademic credit college courses provided by a college must be approved by the Appraiser Qualifications Board or the state licensing jurisdiction; and

(3) Course delivery mechanism approval is obtained from one of the following sources:

(a) Appraiser Qualifications Board;

(b) Board approved organizations providing approval of course design and delivery, such as the Appraisal Foundation or other independent approved entity;

(c) A college or university that qualifies for content approval in subdivision (2) that awards academic credit for the distance education course; or

(d) A qualifying college for content approval with a distance education delivery program that approves the course design and delivery that incorporate interactivity.

(4) Hybrid courses are courses that allow for both in-person and online (synchronous or asynchronous) interaction. A hybrid course is acceptable if:

(a) In-person course sessions meet the defined class hour and is a source for education credit specified in § 20:14:13:05; and

(b) Synchronous course sessions must meet the defined class hour and is a source for education credit specified in § 20:14:13:05; and

(c) Asynchronous course sessions meet the class hour and is a source for education credit specified in § 20:14:13:05 and this section.

Source: 32 SDR 109, effective December 27, 2005; 49 SDR 25, effective September 18, 2022.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-3(6).

20:14:13:05.03. Asynchronous education -- Continuing education. Asynchronous distance education courses intended for use as continuing education must include:

(1) A written examination proctored by an official approved by the college or university, or by the sponsoring organization. Remote proctoring, including bio-metric proctoring procedures, is acceptable; or

(2) Successful completion of prescribed course mechanisms required to demonstrate knowledge of the subject matter.

Source: 32 SDR 109, effective December 27, 2005; 49 SDR 25, effective September 18, 2022.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-1, 36-21B-3(6).

20:14:13:05.04. Distance education -- Qualifying education. Distance education courses intended for use as qualifying education must include a written, closed-book final examination. The examination must be proctored in-person or remotely by an official approved by the college or university, or by the sponsoring organization. Bio-metric proctoring is acceptable.

Source: 34 SDR 67, effective September 11, 2007; 49 SDR 25, effective September 18, 2022.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-1, 36-21B-3(6).

Rule 20:14:13:06 Term of approval.

20:14:13:06. Term of approval. A course approved by the secretary is valid for three years unless the secretary determines the course has changed and does not meet the criteria in § 20:14:13:07.

Source: 23 SDR 113, effective January 12, 1997.

General Authority: SDCL 36-21B-3.

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:07 Application for course approval.

20:14:13:07. Application for course approval. To obtain education course approval, the provider must apply in writing on a form provided by the secretary and submit the course to the department for approval by the secretary in accordance with this chapter. The provider must pay the application fee as prescribed in § 20:14:10:06 and provide information to the department regarding the course offering, including the following:

(1) Course outline or syllabus;

(2) All texts, workbooks, hand-outs, or other course material;

(3) Instructor qualifications;

(4) Course examinations;

(5) Length of the course offering; and

(6) Description of procedures for measuring and validating attendance.

Source: 23 SDR 113, effective January 12, 1997; 24 SDR 91, effective January 8, 1998; 32 SDR 109, effective December 27, 2005.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:08 Approval of course changes.

20:14:13:08. Approval of course changes. The course provider must immediately notify the department in writing of any changes to an approved course. The secretary shall determine in accordance with this chapter if the changes are acceptable.

Source: 23 SDR 113, effective January 12, 1997.

General Authority: SDCL 36-21B-3.

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:09 Repealed.

20:14:13:09. Guide for instructors of the uniform standards.Repealed.

Source: 24 SDR 91, effective January 8, 1998; 26 SDR 120, effective March 27, 2000; repealed, 29 SDR 99, effective January 15, 2003.

Rule 20:14:13:10 Uniform standards training for instructors.

20:14:13:10. Uniform standards training for instructors. An instructor teaching an approved uniform standards course must be in good standing and a state-certified residential appraiser or a state-certified general appraiser certified by the Appraiser Qualifications Board as a USPAP Instructor.

Source: 24 SDR 91, effective January 8, 1998; 29 SDR 99, effective January 15, 2003; 38 SDR 116, effective January 10, 2012; 38 SDR 214, effective June 21, 2012.

General Authority: SDCL 36-21B-3(3)(6).

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:10.01 Courses on the appraisal standards and ethics.

20:14:13:10.01. Courses on the appraisal standards and ethics. The 15-hour course that covers the uniform standards as adopted in § 20:14:06:01 or its Appraiser Qualifications Board approved equivalent is an acceptable qualifying course that may be offered by educational providers and approved by the secretary. The 7-hour update course that covers the uniform standards as adopted in § 20:14:06:01 or its Appraiser Qualifications Board approved equivalent is an acceptable continuing education course that may be offered by educational providers and approved by the secretary.

Source: 26 SDR 120, effective March 27, 2000; 29 SDR 99, effective January 15, 2003; 32 SDR 109, effective December 27, 2005; 38 SDR 214, effective June 21, 2012.

General Authority: SDCL 36-21B-3.

Law Implemented: SDCL 36-21B-3(3)(6).

Rule 20:14:13:11 Certificate of attendance issued by course provider.

20:14:13:11. Certificate of attendance issued by course provider. The course provider shall issue a certificate of attendance to each student that attends each class hour approved for the course offering and successfully completes all of the course requirements.

Source: 24 SDR 91, effective January 8, 1998; 38 SDR 116, effective January 10, 2012.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-3(6).

Rule 20:14:13:12 Disapproval or denial of a course.

20:14:13:12. Disapproval or denial of a course. The secretary may disapprove an approved course or deny an application for course approval in accordance with SDCL chapter 1-26 if the course content or the course provider fails to meet the requirements of this chapter.

Source: 24 SDR 91, effective January 8, 1998.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-3(6).

20:14:13:13. Training course for supervisory appraisers and registered trainee appraisers. The department shall develop a training course and provide it to providers of appraisal education as listed in § 20:14:13:05 desiring to offer the course. The provider shall ensure that each individual serving as a training course instructor has met the following minimum requirements:

(1) Holds a South Dakota state-certified general or state-certified residential credential;

(2) Is in good standing in this state or any other jurisdiction in which the appraiser holds a certified appraiser credential and has not been subject to any disciplinary action within any jurisdiction that affects the individual's legal eligibility to engage in appraisal practice for three years after the successful completion or termination of any sanctions imposed;

(3) Audited the training course a minimum of one time;

(4) Possesses institutional knowledge and understanding of Title XI of FIRREA, as amended by the Dodd-Frank Wall Street Reform Act of 2010;

(5) Possesses knowledge and understanding of the statutes and administrative rules in this state regarding appraisers;

(6) Co-instructed the training course with another instructor a minimum of two times or until the instructor determines that the individual demonstrates the ability to instruct the course independently; and

(7) Holds the department's supervisory appraiser endorsement and has supervised a minimum of one registered trainee appraiser to successful upgrade or is currently supervising a registered trainee appraiser.

Source: 35 SDR 175, effective January 1, 2009; 44 SDR 27, effective August 14, 2017; 46 SDR 75, effective December 4, 2019; 49 SDR 48, effective November 22, 2022; 49 SDR 48, effective October 1, 2023.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-1, 36-21B-3(6).

Rule 20:14:13:14 Course evaluation.

20:14:13:14. Course evaluation. A course provider shall provide each student with a course evaluation form upon completion of the course and shall tally the results of the evaluation forms onto one form. The course provider shall send the completed course evaluation forms and the tally to the secretary within 15 days of course completion.

Source: 36 SDR 112, effective January 11, 2010.

General Authority: SDCL 36-21B-3(6).

Law Implemented: SDCL 36-21B-1, 36-21B-3(6)

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