CHAPTER 20:36:03
REGISTRATION PROCEDURE
Section
20:36:03:01 Eligibility.
20:36:03:02 Eligibility to qualify partnership, corporation, and other firm.
20:36:03:03 Examinations of applicant -- Time, place, and fee.
20:36:03:04 Examinations -- Method of conducting.
20:36:03:05 Examination subjects.
20:36:03:06 Written and oral examinations.
20:36:03:07 Examination questions kept secret.
20:36:03:08 Grading of examination.
20:36:03:09 Examination grades sent to each applicant.
20:36:03:10 Examination -- Effect of passing or failing.
20:36:03:11 Transfer of certificate of registration, including transfer of stock in a corporation which retains its identity.
20:36:03:12 Fee for certificate of registration and renewal.
20:36:03:01. Eligibility. An applicant for registration as an abstracter must be a resident of this state, or an active duty member of the armed forces of the United States, or the spouse of an active duty member of the armed forces of the United States who is the subject of a military transfer to this state, and a person of good moral character and careful, temperate habits.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:03:02. Eligibility to qualify partnership, corporation, and other firm. If the applicant for registration seeks registration for the purpose of qualifying a partnership, corporation, or other permitted firm to engage in abstracting, the applicant must have the qualifications provided in § 20:36:03:01, and show by notarized signature either in the application for registration or by separate document to be filed with the board that the applicant or some other legally registered abstracter will have personal contact with or responsible supervision of the operations of the partnership, corporation, or firm at all times. No partnership, corporation, or firm that is not registered prior to the effective date of these rules shall be qualified for registration unless its eligibility is established as provided by this section. No partnership subject to SDCL 37-11-1, the fictitious names statute, shall be qualified until the partnership has met the requirements of that section.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-8, 36-13-11.
20:36:03:03. Examinations of applicant -- Time, place, and fee. The board shall conduct a regular examination each year, either before or immediately following the annual convention of the South Dakota Land Title Association. Other written examinations shall be offered to approved applicants at the time and place approved by the board. A fee of $50 per section shall be charged to each applicant each time the examination is written. A fee of $25 per section shall be charged to each applicant on any section that is re-taken by an applicant following an initial examination.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 7 SDR 72, effective February 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(1)(3).
Law Implemented: SDCL 36-13-11, 36-13-12.
20:36:03:04. Examinations -- Method of conducting. A member of the board or a designated representative shall be present at all examinations.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(3), 36-13-12.
Law Implemented: SDCL 36-13-6, 36-13-12.
20:36:03:05. Examination subjects. Applicants shall be examined upon all of the subjects mentioned in SDCL 36-13-12 plus such similar requirements of education and experience as may be reasonably necessary to carry on the work of abstracting in an accurate, efficient, and reliable manner, and which similar requirements may be established by the board in its prepared examination questions or the oral examinations which may be given.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:03:06. Written and oral examinations. Written examinations shall be questions and answers upon the subjects specified in SDCL 36-13-12 and upon title insurance and will be separated into 5 sections. A time limit of one hour will be given for each section. The board, when preparing the examination, shall see that each section of the examination, if written by an experienced abstracter, will take no more than 30 minutes to write. Oral examinations shall be questions based on requirements of education and experience which are similar to the requirements of education and experience necessary for the written examination. All members of the board present at the examination shall be entitled to ask oral examination questions, but any member present may waive his right to do so at any time during the examination.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 6 SDR 11, effective August 14, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:03:07. Examination questions kept secret. Questions, which shall be prepared by the board, shall be held secret at all times by all members of the board except when the questions are distributed to the applicants at the examinations and shall not be publicly released except by official action of the board. The board shall vary its questions from time to time in such manner as the board deems advisable to conduct examinations in the most effective and impartial manner.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(3), 36-13-12.
Law Implemented: SDCL 36-13-6, 36-13-12.
20:36:03:08. Grading of examination. The examination papers of applicants shall be graded on a percentage scale, with a percentage of 80 being required to pass. If an applicant fails any section the board may establish the applicant's credits on the sections passed and permit the applicant to be examined only on the sections the applicant failed, at any regular or special examination held within one year of the date of the initial examination.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(3), 36-13-12.
Law Implemented: SDCL 36-13-6, 36-13-12.
20:36:03:09. Examination grades sent to each applicant. The board shall complete its grading of the examination papers of all applicants within three weeks of the date of examination and send notice by certified mail, return receipt requested, to each applicant at any post office address specified in writing to the board for such purpose by the applicant. The notice of the board as to the result of the examination shall specify to each applicant the applicant's grade in each section which the applicant wrote for the examination, and the percentage attained by the applicant on the oral examination.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-12.
Law Implemented: SDCL 36-13-12.
20:36:03:10. Examination -- Effect of passing or failing. The fact that an applicant has passed successfully any examination for which he was eligible shall not entitle him to a certificate of registration to engage in abstracting as an independent operator under his own or a firm name and seal unless he, or his firm has an approved abstract plant as required by the laws of South Dakota and this article. If the applicant is to become an employee of, or partner with, any person or member of any corporation or firm having such approved plant, at that time the registration may be granted. If the person passing such examination shall at any time within one year after receiving notice that he has successfully passed the examination, acquired either by completing construction, purchase, or other legal method of acquisition an approved abstract plant as required by the laws of South Dakota, he shall then be issued his certificate of registration upon establishing such acquisition to the satisfaction of the board; provided, also, that the board may by resolution duly adopted and entered in its minutes extend the period for completing acquisition of such abstract plant or securing the approval of the board thereof, for an additional year and issue the certificate without further examination of the applicant. The failure of an applicant at any examination shall in no manner affect his rights to any future examinations held by the board.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-12.
Law Implemented: SDCL 36-13-12.
20:36:03:11. Transfer of certificate of registration, including transfer of stock in a corporation which retains its identity. Whenever a registered individual, partnership, firm, or corporation shall sell or otherwise transfer its interest to another party, including sale or transfer of stock in a corporation which retains its identity, the board must be notified at least 30 days prior to the date of sale or transfer. The provisions of SDCL 36-13 and chapters 20:36:03 and 20:36:04 herein for the issuance of a new certificate of registration will be followed.
Although no exception is made as to notification of the board prior to the transfer, the sale or transfer of interests in a certificate of registration between husband and wife or parent and child or children will be excepted from qualifying for a new certificate of registration as long as there is a legally registered abstracter who has qualified by examination under the provisions of SDCL 36-13-12 and this chapter who will have personal contact with or responsible supervision of the operations of such firm, partnership, or corporation at all times.
Source: 3 SDR 49, effective January 17, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-13-6.
20:36:03:12. Fee for certificate of registration and renewal. The annual fee for a biennial certificate of registration for an applicant shall be paid by June 30th and is as follows: in counties with a population of 10,000 or less, the fee is $350; in counties with a population of 10,001 to 15,000, the fee is $490; and in counties with a population over 15,000, the fee is $700. The board shall issue a certificate to an applicant upon payment of the required fee, if the applicant meets the other requirements in SDCL chapter 36-13 and chapters 20:36:03 and 20:36:04.
A title plant licensee shall apply for renewal at least 30 days before expiration by submitting a completed application for renewal and the appropriate annual fee. The annual fee is the same as the fee required of an applicant for initial registration.
Source: 3 SDR 49, effective January 17, 1977; 7 SDR 72, effective February 1, 1981; 11 SDR 168, effective June 20, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 40 SDR 197, effective May 28, 2014.
General Authority: SDCL 36-13-6, 36-13-21.
Law Implemented: SDCL 36-13-21.
