CHAPTER 20:69:11
POST-LICENSING AND CONTINUING EDUCATION
Section
20:69:11:01 Continuing education defined.
20:69:11:01.01 Distance education defined.
20:69:11:01.02 Independent study defined.
20:69:11:01.03 Interactive defined.
20:69:11:01.04 Standards for distance education.
20:69:11:01.05 Required continuing education subject areas.
20:69:11:01.06 Elective continuing education subject areas.
20:69:11:02 Continuing education requirements.
20:69:11:02.01 Postlicensing education defined.
20:69:11:02.02 Postlicensing education course requirements -- Time to complete.
20:69:11:03 Classroom hour.
20:69:11:03.01 Length of course.
20:69:11:04 Requirements for inactive licensee -- Exceptions.
20:69:11:04.01 Requirements for nonresidents -- Exceptions.
20:69:11:05 Exceptions and extensions.
20:69:11:06 Nonqualifying courses.
20:69:11:07 Criteria for post-licensing or continuing education course approval.
20:69:11:07.01 Criteria for distance education or independent study course approval.
20:69:11:08 Application for approval of classroom instruction -- Fee required.
20:69:11:08.01 Application for approval of distance education or independent study courses -- Fee required.
20:69:11:08.02 Additional requirements for distance education courses.
20:69:11:08.03 Student certification required.
20:69:11:08.04 Classroom, distance education, and independent study course application fees -- Postlicensing course as continuing education course subject to application fee.
20:69:11:09 Approval of out-of-state courses.
20:69:11:10 ARELLO certified courses approved for postlicensing or continuing education.
20:69:11:11 Certificate of approval.
20:69:11:11.01 Course accreditation renewal.
20:69:11:11.02 Course accreditation reinstatement.
20:69:11:12 Material change.
20:69:11:13 Denial of approval for a course or instructor.
20:69:11:13.01 Withdrawal of approval for a course or instructor.
20:69:11:14 Same or duplicate courses.
20:69:11:15 Repealed.
20:69:11:16 Repealed.
20:69:11:17 Facilities.
20:69:11:17.01 Schedule.
20:69:11:18 Auditing.
20:69:11:19 Postlicensing or continuing education certificate of attendance.
20:69:11:19.01 Course provider reporting requirements -- Course evaluation.
20:69:11:20 Preregistration allowed -- Notice of cancellation required.
20:69:11:21 Limit on independent study courses.
20:69:11:22 Instructors.
20:69:11:23 Application for approval of instructors -- Guest speakers exempt.
20:69:11:24 Utilization of guest speakers -- Résumé to accompany course application.
20:69:11:25 Certificate of instructor approval -- Approval certificates not issued to guest speakers.
20:69:11:01. Continuing education defined. As used in this chapter, continuing education means accredited educational experience derived from a licensee's participation in approved lectures, seminars, or courses on real estate law, or in other related areas in real estate that have been approved by the commission, to maintain and improve the professional skills and upgrade the standard of all real estate licensees.
Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:01, 20 SDR 18, effective August 16, 1993; 23 SDR 110, effective January 9, 1997; 28 SDR 28, effective September 2, 2001; 41 SDR 219, effective July 1, 2015.
General Authority: SDCL 36-21A-63, 36-21A-89(9).
Law Implemented: SDCL 36-21A-62, 36-21A-63.
20:69:11:01.01. Distance education defined. As used in this chapter, a distance education course is one in which instruction takes place in other than a traditional classroom setting, the instructor and student are in physically separate locations, and instructional methods include interactive video-based instruction, computer conferencing, interactive audio, interactive computer software, and internet-based instruction.
Source: 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-63, 36-21A-89(9).
Law Implemented:SDCL 36-21A-62.
20:69:11:01.02. Independent study defined. As used in this chapter, an independent study is a course in which no interaction with an instructor is planned or implied as part of the learning process.
Source: 25 SDR 90, effective December 28, 1998.
General Authority:SDCL 36-21A-63, 36-21A-89(9).
Law Implemented:SDCL 36-21A-62.
20:69:11:01.03. Interactive defined. As used in this chapter, interactive means the course structure and technologies promote active student involvement with the course content, including the ability to access or bypass optional content, submit questions or answer test items and receive direct feedback, and communicate with other students and the instructor on an immediate or reasonably delayed basis. Interactive instruction specifically excludes courses that only provide passive delivery of instructional content.
Source: 25 SDR 90, effective December 28, 1998.
General Authority:SDCL 36-21A-63.
Law Implemented:SDCL 36-21A-63.
20:69:11:01.04. Standards for distance education. A distance education course must provide mastery of the material. The course must:
(1) Divide the material into major learning units, each of which is further divided into modules of instruction;
(2) Specify learning objectives for each learning unit or module of instruction. Learning objectives must be comprehensive enough to ensure that if all the objectives are met, the entire content of the course will be mastered;
(3) Specify an objective, quantitative criterion for mastery used for each learning objective and provide a structured learning method designed to enable students to attain each objective;
(4) Provide a means of diagnostic assessment of each student's performance on an ongoing basis during each module of instruction, including appropriate remediation where required; and
(5) Require that the student demonstrate adequate comprehension of all material covered by the learning objectives for the module or unit before completing that module or unit.
Source: 25 SDR 90, effective December 28, 1998.
General Authority:SDCL 36-21A-63, 36-21A-89(9).
Law Implemented:SDCL 36-21A-62, 36-21A-63.
20:69:11:01.05. Required continuing education subject areas. Required continuing education subject areas may only be in the following subject areas:
(1) Real estate ethics;
(2) Legislative issues that influence real estate practice including both pending and recent legislation;
(3) The administration of licensing provisions of real estate law and the administrative rules;
(4) Real estate brokerage, including agency, contracts, trust accounting, fiduciary duties, and risk management;
(5) Fair housing:
(6) Environmental issues;
(7) Antitrust; and
(8) The Americans with Disabilities Act; and
(9) Property Management, including financial management of a property, landlord and tenant procedures and operations, and fiduciary duties related to property management.
Source: 41 SDR 219, effective July 1, 2015; 49 SDR 51, effective November 27, 2022.
General Authority: SDCL 36-21A-63, 36-21A-89.
Law Implemented: SDCL 36-21A-62, 36-21A-63, 36-21A-89(7).
20:69:11:01.06. Elective continuing education subject areas. Elective continuing education subject areas may only be in the following subject areas:
(1) Real estate finance;
(2) Real estate market measurement and evaluation, including site, evaluations, market data, and feasibility studies;
(3) Real estate mathematics;
(4) Real property management;
(5) Real property exchange;
(6) Land development, use, planning, and zoning;
(7) Real estate securities and syndication;
(8) Real estate portfolio management;
(9) Accounting and taxation as applied to real property;
(10) Real estate business planning;
(11) Real estate appraisal;
(12) Real estate marketing procedures;
(13) Technology as applied to the practice of real estate;
(14) Home inspection;
(15) Real estate negotiation;
(16) Real estate investment; and
(17) Real estate safety.
Source: 41 SDR 219, effective July 1, 2015; 48 SDR 60, effective December 6, 2021.
General Authority: SDCL 36-21A-63.
Law Implemented: SDCL 36-21A-62, 36-21A-63.
20:69:11:02. Continuing education requirements. A licensee shall complete 24 hours of continuing education in the subject areas prescribed in §§ 20:69:11:01.05 and 20:69:11:01.06. At least 12 of the 24 hours must be in the required subject areas as described in § 20:69:11:01.05.
Source: 18 SDR 101, effective December 17, 1991; transferred from § 20:56:19:02.01, 20 SDR 18, effective August 16, 1993; 24 SDR 172, effective June 16, 1998; 26 SDR 41, adopted September 29, 1999, effective January 1, 2000; 28 SDR 28, effective September 2, 2001; 41 SDR 219, effective July 1, 2015
General Authority: SDCL 36-21A-63, 36-21A-89(9).
Law Implemented: SDCL 36-21A-62, 36-21A-63.
20:69:11:02.01. Postlicensing education defined. As used in this chapter, postlicensing education means the curriculum of continuing education that a broker associate is required to complete within the first two active license cycles after initial licensure. The subject areas are prescribed by the commission and build on the basic real estate principles and practices acquired during the prelicensing education courses.
Source: 35 SDR 305, effective July 1, 2009; 41 SDR 219, effective July 1, 2015.
General Authority: SDCL 36-21A-30.2.
Law Implemented: SDCL 36-21A-30.2.
20:69:11:02.02. Postlicensing education course requirements -- Time to complete. All sixty hours of postlicensing education must include study in the required continuing education subject areas as described in § 20:69:11:01.05. Any hours a licensee has completed in the subject areas of negotiation, business planning, technology, or marketing before July 1, 2015, count towards the licensee's postlicensing education requirement.
Upon completion of the postlicensing education requirements, broker associates must comply with the continuing education requirements pursuant to SDCL 36-21A-62 and § 20:69:11:02 for all subsequent renewal cycles.
Source: 35 SDR 305, effective July 1, 2009; 41 SDR 219, effective July 1, 2015.
General Authority: SDCL 36-21A-30.2.
Law Implemented: SDCL 36-21A-30.2.
20:69:11:03. Classroom hour. A classroom hour is a period of at least 50 minutes of actual classroom instruction out of each 60-minute segment. Additional study assignments are not counted as hours of classroom instruction.
Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:03, 20 SDR 18, effective August 16, 1993; 28 SDR 28, effective September 2, 2001; 41 SDR 219, effective July 1, 2015.
General Authority: SDCL 36-21A-89(9).
Law Implemented: SDCL 36-21A-62, 36-21A-63.
20:69:11:03.01. Length of course. No more than eight hours of instruction may be offered in one day.
Source: 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-62.
20:69:11:04. Requirements for inactive licensee -- Exceptions. An inactive licensee is not required to meet the continuing education requirements. An inactive licensee who wishes to activate the individual's license shall complete 24 hours of continuing education within the licensee's current licensing period or within two years preceding the licensee's current licensing period. A licensee whose license is placed on inactive status during either of the first two license cycles after initial licensure shall complete the postlicensing education required during that cycle to activate the license. Courses taken to activate a license may not be used to renew a license.
Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:04, 20 SDR 18, effective August 16, 1993; 35 SDR 305, effective July 1, 2009; 37 SDR 112, effective December 8, 2010; 41 SDR 219, effective July 1, 2015; 48 SDR 60, effective December 6, 2021.
General Authority: SDCL 36-21A-89(7).
Law Implemented: SDCL 36-21A-65.
20:69:11:04.01. Requirements for nonresidents -- Exceptions. A nonresident licensee licensed in this state is not required to meet the continuing education requirements.
A nonresident licensee in inactive status in this state who seeks to make the license active shall first provide a certificate of licensure to the commission staff from the licensing agency of the state where the nonresident licensee maintains residency, stating the nonresident's license is on active status and in good standing and that no complaint is pending.
Source: 48 SDR 60, effective December 6, 2021.
General Authority: SDCL 36-21A-89(3).
Law Implemented: SDCL 36-21A-65.
20:69:11:05. Exceptions and
extensions. The commission may exempt a nonresident licensee from the
continuing education requirements if the licensee meets the requirements of
SDCL 36-21A-54 and § 20:69:03:22.01.
Source: 5 SDR 12, effective August 21,
1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; transferred from § 20:56:19:05, 20 SDR 18,
effective August 16, 1993; 35 SDR 305, effective July 1, 2009.
General Authority: SDCL 36-21A-89, 36-21A-54.
Law Implemented: SDCL 36-21A-54.
20:69:11:06. Nonqualifying courses. The following courses do not qualify for postlicensing or continuing education purposes:
(1) Courses in mechanical office and business skills, such as typing, keyboarding, speed-reading, memory improvement, language, and report writing;
(2) Sales promotion or other meetings held in conjunction with a licensee's general business;
(3) A course certified by the use of a challenge examination. All students must complete the required number of classroom hours to receive certification;
(4) Meetings which are a normal part of the in-house staff or employee training;
(5) Orientation courses for licensees, such as those offered through local real estate boards;
(6) Development courses for instructors;
(7) Personal development or motivational courses; and
(8) Courses designed to promote the sale of a product or service.
Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 100, effective January 10, 1989; 18 SDR 101, effective December 17, 1991; transferred from § 20:56:19:06, 20 SDR 18, effective August 16, 1993; 23 SDR 110, effective January 9, 1997; 28 SDR 28, effective September 2, 2001; 35 SDR 305, effective July 1, 2009; 41 SDR 219, effective July 1, 2015.
General Authority: SDCL 36-21A-30.2, 36-21A-63.
Law Implemented: SDCL 36-21A-30.2, 36-21A-63.
20:69:11:07. Criteria for post-licensing or continuing education course approval. The commission may approve any course, seminar, conference, or equivalent that is provided by the commission, or by a public or private school, organization, association, person, corporation, society, or similar organization. The commission, to approve a course, shall require that:
(1) A course has a total instruction time of not less than three hours;
(2) A course offered via electronic means with real time visual and audio interaction between instructor and student, allows the instructor or a proctor to continuously view all participating students on a monitor or other viewing device or screen, or otherwise demonstrates to the executive director’s satisfaction the capability to track and record the presence and participation of students;
(3) A course provider certify to the best of its knowledge the attendance of each student at the course. The course provider shall submit its criteria for measuring attendance in the application for course approval on a form provided by the commission;
(4) A course provider maintain for a minimum of three years records of students successfully completing a course;
(5) Credit is earned on the basis of attendance or, in the case of independent study or distance education courses, completion of the course;
(6) Each course of study have a coordinator or administrator supervising the program. The coordinator must be qualified, either through previous education or experience, to administer a real estate course of study, to evaluate course content and instructors, and to analyze examinations; and
(7) All instructors in a real estate course of study file with the commission credentials showing the necessary specialized preparation, training, and experience to ensure competent instruction. The commission shall approve each instructor individually. Approval must be obtained from the commission before the instructor's lecture in an approved course of study. Instructors, lecturers, seminar leaders, and others who present a post-licensing or continuing education course must have at least one of the following qualifications:
(a) A bachelor's, graduate, or postgraduate degree in the field in which the person is to teach;
(b) A valid teaching credential or certificate from South Dakota or another state authorizing the holder to teach in the field of instruction being offered;
(c) Five years of full-time experience in a professional, trade, or technical occupation in the applicable field;
(d) Any combination of at least five years of full-time applicable field experience and college-level education; or
(e) Expertise in specialized courses as approved by the commission.
In addition to meeting at least one of the qualifications in (a) to (e), inclusive, an instructor seeking approval to teach real estate agency law specific to South Dakota shall complete an approved training course.
Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:07, 20 SDR 18, effective August 16, 1993; 24 SDR 172, effective June 16, 1998; 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September 2, 2001; 35 SDR 305, effective July 1, 2009; 48 SDR 60, effective December 6, 2021.
General Authority: SDCL 36-21A-30.2, 36-21A-63.
Law Implemented: SDCL 36-21A-30.2, 36-21A-63.
20:69:11:07.01. Criteria for distance education or independent study course approval. The commission may approve any course that is provided by the commission, a public or private school, organization, person, corporation, society, or similar organization. The commission, when acting on an application for approval of a course, shall consider the following minimum criteria:
(1) The course provider must specify the learning objectives for each lesson and clearly demonstrate that the course covers the required subject matter. Objectives must be specific to ensure that all relative content is covered adequately to ensure mastery of the objectives;
(2) The course provider must demonstrate that the course includes the same or reasonably similar informational content as a course that would otherwise qualify for the requisite number of hours of classroom-based instruction, and that students must proceed through and demonstrate comprehension of all the material;
(3) If the course is a distance education course, it must include consistent and regular interactive events as appropriate to the medium. The interactive elements must be designed to promote student involvement in the learning process, and must directly support the student's achievement of the course's learning objectives. The course approval submission must identify the types of interactive events included in the course and specify how the interactive events contribute to the achievement of the stated learning objectives;
(4) The course must require that the student demonstrate mastery of the learning objectives as designated for each lesson in order to successfully complete the lesson. The course must provide a mechanism of individual remediation to correct any deficiencies identified during the instruction and assessment process. In independent study courses, this remediation may be accomplished by quizzes or other exercises with detailed rationales in the answer key provided to students.
(5) The course provider must measure, at regular intervals, the student's progress toward and completion of the mastery requirement of each lesson or module covering all the required subject matter. In the case of computer-based instruction, the course software must include automatic shutdown after a period of inactivity;
(6) The applicant must demonstrate that approved instructors are available to answer student questions regarding course content at reasonable times and by reasonable means, including in-person contact, individual and conference telephone calls, E-mail, and fax. Communication by written postal correspondence alone is insufficient to satisfy the requirements of this subdivision.
(7) The course provider shall provide reasonable security to ensure that the student who receives credit for the course is the student who enrolled in and completed the course. Both the school and the student must certify in writing that the student has successfully completed the course; and
(8) The course provider must require that the student pass an appropriate exam to successfully complete and receive credit. An examination will be considered appropriate if it contains at least five multiple-choice questions for each hour of credit and requires a minimum passing score of 80 percent.
Source: 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-63, 36-21A-89(9).
Law Implemented:SDCL 36-21A-62, 36-21A-63.
20:69:11:08. Application for approval of classroom instruction -- Fee required. An application for approval of classroom instruction shall be on a form provided by the commission. The application must be filed with the commission at least 20 days before a course is offered and must be accompanied by an application fee pursuant to § 20:69:11:08.04. The application form shall include the following information and enclosures:
(1) Name, address, and telephone number of the course provider;
(2) The title of the course;
(3) A complete description or copies of all materials to be distributed to the participants;
(4) The date and exact location of each presentation of the course;
(5) The duration and time of course;
(6) A comprehensive, detailed outline of the subject matter together with course objectives, the time sequence of each segment, faculty for each segment, and teaching technique used in each segment;
(7) The method of evaluation of the program;
(8) The procedure for measuring attendance; and
(9) A description of the faculty, including name, professional educational background, and practical or teaching experience. A complete résumé shall be furnished.
Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 100, effective January 10, 1989; transferred from § 20:56:19:08, 20 SDR 18, effective August 16, 1993; 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September 2, 2001; 41 SDR 219, effective July 1, 2015.
General Authority: SDCL 36-21A-63.
Law Implemented: SDCL 36-21A-63.
20:69:11:08.01. Application for approval of distance education or independent study courses -- Fee required. An application for approval of a distance education or independent study course shall be on a form provided by the commission and must be accompanied by an application fee pursuant to § 20:69:11:08.04. The application form shall include the following information and enclosures:
(1) Name, address, and telephone number of the course provider;
(2) Course title;
(3) The specific subject matter requirement met by the course;
(4) The names of any instructor who will be available to answer student questions, the means of contact, and the hours of availability;
(5) The overall structure, functioning, and administration of the proposed course;
(6) A complete list of all lessons, modules, and learning objectives for each;
(7) An explanation of the remediation process which is in effect to accomplish mastery of material when specific deficiencies are identified; and
(8) A description of the procedures used to ensure exam security.
Source: 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-63.
Law Implemented:SDCL 36-21A-63.
20:69:11:08.02. Additional requirements for distance education courses. In addition to the requirements of § 20:69:11:08.01, an application for approval of a distance education course must include the following:
(1) A complete description of any hardware, software, or other technology to be used by the provider and needed by the student to effectively engage in the delivery and completion of the course material and an assessment of the availability and adequacy of the equipment, software, or other technologies to the achievement of the course's instructional claims; and
(2) An explanation of how the course measures, documents, and records that the student has engaged in the required interactive exercises, achieved the required level of mastery, and spent the required amount of time completing the course and how the course provides protection against loss of student data due to hardware of software failure or against inadvertent loss by the student.
Source: 25 SDR 90, effective December 28, 1998.
General Authority:SDCL 36-21A-63.
Law Implemented:SDCL 36-21A-63.
20:69:11:08.03. Student certification required. Any school offering an approved distance education or independent study course must obtain from each student a statement attesting that all assignments and examinations completed are the work of the enrolled student.
Source: 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September 2, 2001; 41 SDR 219, effective July 1, 2015.
General Authority: SDCL 36-21A-63.
Law Implemented: SDCL 36-21A-63.
20:69:11:08.04. Classroom,
distance education, and independent study course application fees --
Postlicensing course as continuing education course subject to application fee.
Course application fees include the following:
|
|
Continuing Education
|
Renewal
|
Classroom |
$
75.00 |
$50.00 |
|
Distance
Education |
150.00 |
50.00 |
|
Independent
Study |
75.00 |
50.00 |
|
ARELLO
Certified |
50.00 |
50.00 |
|
Seminar |
15.00/hour |
n/a |
A
postlicensing course offered as a continuing education course is subject to a
continuing education course application fee as described in this section.
Source: 28 SDR 28, effective September
2, 2001; 35 SDR 305, effective July 1, 2009.
General Authority: SDCL 36-21A-30.2, 36-21A-63.
Law Implemented: SDCL 36-21A-30.2, 36-21A-63, 36-21A-89(9).
20:69:11:09. Approval of
out-of-state courses. If a South Dakota licensee enrolls in a continuing
education course approved by another state's real estate regulatory agency,
that course may be used to meet postlicensing or continuing education
requirements in South Dakota.
Proof
of the other state's approval and course completion are required before the
credits are accepted by the commission.
Courses
must meet content and length requirements consistent with § 20:69:11:01,
20:69:11:03.01, and 20:69:11:07.
Application
for approval of the out-of-state course must be made to the commission on a
form provided by the commission within 60 days after the date that the course
was completed.
Source: 10 SDR 54, effective December
5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; transferred from § 20:56:19:08.01, 20 SDR 18,
effective August 16, 1993; 28 SDR 28, effective September 2, 2001; 35 SDR 305,
effective July 1, 2009.
General Authority: SDCL 36-21A-30.2, 36-21A-63.
Law Implemented: SDCL 36-21A-30.2, 36-21A-63.
20:69:11:10. ARELLO certified
courses approved for postlicensing or continuing education. The commission
may approve courses certified by the Association of Real Estate License Law
Officials if appropriate documentation that the ARELLO certification is in
effect and that the course meets the content requirements of § 20:69:11:01
is provided. Approval under this section shall cease if the ARELLO
certification is discontinued.
Source: 10 SDR 54, effective December
5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; transferred from § 20:56:19:08.02, 20 SDR 18,
effective August 16, 1993; repealed, 21 SDR 125, effective January 23, 1995;
readopted, 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September
2, 2001; 35 SDR 305, effective July 1, 2009.
General Authority: SDCL 36-21A-30.2, 36-21A-89(9).
Law Implemented: SDCL 36-21A-30.2, 36-21A-62.
20:69:11:11. Certificate of approval. The commission shall grant a certificate of approval for each course approved by the commission. The certificate remains valid for three years. A certificate of approval for a seminar course shall be valid for the duration of the seminar.
Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:09, 20 SDR 18, effective August 16, 1993; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-63.
20:69:11:11.01. Course
accreditation renewal. The course provider of a postlicensing or continuing
education course must apply for renewal of the course prior to the date of
expiration of the certificate of approval.
Source: 29 SDR 48, effective October
10, 2002; 35 SDR 305, effective July 1, 2009.
General Authority: SDCL 36-21A-30.2, 36-21A-63, 36-21A-89(9).
Law Implemented: SDCL 36-21A-30.2, 36-21A-63.
20:69:11:11.02. Course accreditation reinstatement. A course approval that has expired may be reinstated if a renewal application is filed within six months of the date of expiration. A course provider must file a new application for approval of a course that has been expired for more than six months.
Source: 29 SDR 48, effective October 10, 2002.
General Authority:SDCL 36-21A-63, 36-21A-89(9).
Law Implemented:SDCL 36-21A-63.
20:69:11:12. Material change. A course provider of each approved real estate course shall immediately notify the commission of any material changes contained in the application for approval or in the attached exhibits. A course provider may seek approval of a course subsequent to a course offering by submitting all information requested.
Source: 5 SDR 12, effective August 21, 1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:12, 20 SDR 18, effective August 16, 1993; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-62, 36-21A-63.
20:69:11:13. Denial of approval for a course or instructor. The commission may deny approval of a real estate course or instructor if it is determined that either is not in compliance with SDCL chapter 36-21A and this article. A person aggrieved by denial of approval by the commission may file a written request for a hearing pursuant to § 20:69:02:07.
Source: 5 SDR 12, effective August 21, 1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:13, 20 SDR 18, effective August 16, 1993; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-63.
20:69:11:13.01. Withdrawal of approval for a course or instructor. If the commission at any time determines that a course or an instructor approved pursuant to chapter 20:69:11 is not continuing to meet the requirements of SDCL chapter 36-21A and this chapter, it shall immediately notify the course provider in writing detailing the deficiencies requiring correction. The approval by the commission shall continue 90 days from the date of the commission's written notice to the course provider, and if, at the expiration of that period, the course provider has failed to correct to the commission's satisfaction the deficiencies noted, the commission may withdraw approval of the course or instructor.
If the commission disciplines an instructor who holds a real estate license for acts committed as a licensee, the commission may also withdraw that instructor's approval as an instructor.
Source: 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-63.
20:69:11:14. Same or duplicate courses. Credit for a course may be given only once to an individual during a reporting period.
Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:14, 20 SDR 18, effective August 16, 1993; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-63.
Law Implemented:SDCL 36-21A-63.
20:69:11:15. School fees.Repealed.
Source: 5 SDR 12, effective August 21, 1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:16, 20 SDR 18, effective August 16, 1993; repealed, 23 SDR 110, effective January 9, 1997.
20:69:11:16. Notice.
Repealed.
Source: 5 SDR 12, effective August 21,
1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; transferred from § 20:56:19:17, 20 SDR 18,
effective August 16, 1993; 26 SDR 41, effective September 29, 1999; 28 SDR 28,
effective September 2, 2001; repealed, 35 SDR 305, effective July 1, 2009.
20:69:11:17. Facilities. Each course provider must have the classrooms, facilities, equipment, and personnel necessary to implement the course.
Source: 5 SDR 12, effective August 21, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:18, 20 SDR 18, effective August 16, 1993; repealed, 23 SDR 110, effective January 9, 1997; readopted, 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-63.
20:69:11:17.01. Schedule. The course provider shall provide a schedule of all courses, including the date, time, and place where they will be offered to the commission before the courses begin.
Source: 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-63, 36-21A-89(9).
20:69:11:18. Auditing. The commission or its representatives may audit courses.
Source: 5 SDR 12, effective August 21, 1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:19, 20 SDR 18, effective August 16, 1993; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-63
20:69:11:19. Postlicensing or
continuing education certificate of attendance. A course provider shall
provide an individual certificate of attendance to each licensee upon
completion of the approved course or seminar. The certificate must contain the
licensee's name, the course title, the date, the location of the course, the
number of approved credit hours, and the signature of the course sponsor or
instructor. The licensee must retain the attendance certificate until the next
license renewal period has been completed. No certificate of attendance may be
issued to a licensee who is absent for more than ten percent of the classroom
hours.
Source: 5 SDR 12, effective August 21,
1978; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective
July 1, 1986; transferred from § 20:56:19:20, 20 SDR 18, effective August
16, 1993; 23 SDR 110, effective January 9, 1997; 28 SDR 28, effective September
2, 2001; 35 SDR 305, effective July 1, 2009.
General Authority: SDCL 36-21A-30.2, 36-21A-89(9).
Law Implemented: SDCL 36-21A-30.2, 36-21A-62, 36-21A-63, 36-21A-64.
20:69:11:19.01. Course provider reporting requirements -- Course evaluation. The course provider must submit a list of participants to the commission within ten days after completion of a course. The course provider must provide a course evaluation form to each licensee for completion. The course provider must submit the completed course evaluations to the commission within ten days after completion of a course.
Source: 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-62, 36-21A-63.
20:69:11:20. Preregistration allowed -- Notice of cancellation required. A course provider offering approved continuing education courses may require preregistration with a cutoff date for permission to attend. The requirement must be advertised prior to each course. The course provider must notify registrants if the course is cancelled. The notification must be made at least 48 hours before the time of the beginning of the course.
Source: 15 SDR 100, effective January 10, 1989; transferred from § 20:56:19:21, 20 SDR 18, effective August 16, 1993; 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-89(9).
Law Implemented:SDCL 36-21A-62, 36-21A-63.
20:69:11:21. Limit on
independent study courses. No more than six hours of independent study
courses may be used in any one period to fulfill continuing education
requirements.
Source: 15 SDR 100, effective January
10, 1989; transferred from § 20:56:19:22, 20 SDR 18, effective August 16,
1993; 25 SDR 90, effective December 28, 1998; 35 SDR 305, effective July 1,
2009.
General Authority: SDCL 36-21A-63, 36-21A-89(9).
Law Implemented: SDCL 36-21A-62, 36-21A-63, 36-21A-65.
20:69:11:22. Instructors. No
instructor may teach postlicensing or continuing education courses unless
approved, by name, by the commission. This section does not apply to guest
speakers as provided for in § 20:69:11:24.
Source: 28 SDR 28, effective September
2, 2001; 35 SDR 305, effective July 1, 2009.
General Authority: SDCL 36-21A-30.2, 36-21A-63, 36-21A-89(9).
Law Implemented: SDCL 36-21A-30.2, 36-21A-62.
20:69:11:23. Application for approval of instructors -- Guest speakers exempt. An applicant for instructor approval shall apply on a form provided by the commission. A guest speaker is exempt from making application if requesting approval pursuant to § 20:69:11:24.
Source: 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-63, 36-21A-89(9).
Law Implemented:SDCL 36-21A-62.
20:69:11:24. Utilization of guest speakers -- Résumé to accompany course application. A course provider may utilize guest speakers with expertise in a particular area in any approved course if an approved instructor is present at the time of the presentation. A course provider may utilize a guest speaker without an approved instructor being present with the prior written approval of the commission.
An application for approval of a course utilizing guest speakers must include a résumé of each speaker.
Source: 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-63, 36-21A-89(9).
Law Implemented:SDCL 36-21A-62.
20:69:11:25. Certificate of instructor approval -- Approval certificates not issued to guest speakers. The commission shall grant a certificate of approval for each instructor approved by the commission. Certificates of approval will not be issued to guest speakers who make application pursuant to § 20:69:11:24.
Source: 28 SDR 28, effective September 2, 2001.
General Authority:SDCL 36-21A-63, 36-21A-89(9).
Law Implemented:SDCL 36-21A-62.
