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CHAPTER 36-1B

EXPEDITED LICENSE PROCEDURE FOR MILITARY PERSONNEL AND SPOUSES

36-1B-1      Expedited issuance of license, certificate, registration, or permit for active duty military personnel and spouses--Requirements.
36-1B-2      Repealed.
36-1B-2.1      Renewal of license, certificate, registration, or permit.
36-1B-3      Repealed.
36-1B-4      Fees.
36-1B-5      Promulgation of rules.
36-1B-6      Application of chapter.


     36-1B-1.   Expedited issuance of license, certificate, registration, or permit for active duty military personnel and spouses--Requirements. Notwithstanding any other provision in law and unless an applicant is found by the board to have engaged in any act that may constitute grounds for disciplinary action, any licensing body under the provisions of this title shall, within thirty days of receiving a completed application, issue a license, certificate, registration, or permit required for the practice of any business, profession, or occupation in South Dakota to an applicant whose application has been deemed completed by the board and:
             (1)      Who holds in good standing the same or similar valid license, certificate, registration, or permit required for the practice of any business, profession, or occupation issued by another state or the District of Columbia;
             (2)      Who is 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; and
             (3)      Who is the subject of a military transfer to South Dakota.
     An application is considered complete once the applicable licensing board has received all required documentation necessary to process the application.
     If a licensing body denies the issuance of a license, certificate, registration, or permit to an applicant pursuant to this section, the licensing body shall report the denial and the reasons for the denial to the Department of Labor and Regulation.

Source: SL 2013, ch 170, § 1; SL 2019, ch 167, § 1.


     36-1B-2.   Repealed by SL 2019, ch 167, § 5.


     36-1B-2.1.   Renewal of license, certificate, registration, or permit. Any license, certificate, registration, or permit issued pursuant to § 36-1B-1 may be renewed until any of the following events occur:
             (1)      Active duty orders transfer the applicant out of South Dakota;
             (2)      The applicant no longer holds in good standing the same or similar valid license, certificate, registration, or permit required for the practice of any business, profession, or occupation issued by another state or the District of Columbia;
             (3)      The applicant fails to adhere to the requirements of the applicable South Dakota licensing body to maintain license, certificate, registration, or permit; or
             (4)      The full-time active duty status of the member of the armed forces stationed in South Dakota is terminated.

Source: SL 2019, ch 167, § 2.


     36-1B-3.   Repealed by SL 2019, ch 167, § 6.


     36-1B-4.   Fees. No licensing body under this title may charge an application fee or any other fee payable to the licensing body for a license, certificate, registration, or permit issued pursuant to § 36-1B-1. For the purposes of this section, the term, permit, does not include any permit referenced in this title that is required to perform installation work subject to inspection.

Source: SL 2013, ch 170, § 4; SL 2019, ch 167, § 3.


     36-1B-5.   Promulgation of rules. Each licensing body under the provisions of this title may promulgate rules pursuant to chapter 1-26 to establish procedures to provide for the expedited issuance of a license, certificate, registration, or permit pursuant to § 36-1B-1.

Source: SL 2013, ch 170, § 5; SL 2019, ch 167, § 4.


     36-1B-6.   Application of chapter. Nothing in this chapter or in § 13-42-67 or 13-42-69 may be construed to override, supersede, or invalidate any compact or agreement already in place within any profession regulated under titles 13 or 36.
     Nothing in this chapter or in § 13-42-67 or 13-42-69 prohibits any active duty military member or military spouse from seeking a professional license, certification, registration, or permit as otherwise provided in law for any profession regulated under titles 13 or 36.

Source: SL 2019, ch 167, § 9.


Back to Title 36

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