South Dakota Codified Laws 36-21A-89. Administration and enforcement of chapter–Promulgation of rules
The commission may promulgate rules pursuant to chapter 1-26 relating to the administration and enforcement of the provisions of this chapter in the following areas:
(1) Procedures for conducting the commission’s business;
Terms Used In South Dakota Codified Laws 36-21A-89
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) Procedures and qualifications for application, minimum requirements for examination, procedures for the examination and the administration of the examination, the required score for passing the examination, and procedures for replacement of a license;
(3) Requirements for dividing a commission with a broker in another state, and requirements for application for licensure by reciprocity and the practice of a nonresident licensee in the state;
(4) Procedures for application to provide classroom instruction or correspondence work for prelicensing education, qualifications of the instructors and facilities, and procedures for approving classroom instruction and correspondence work and for withdrawing the approval;
(5) Requirements for a real estate auction, and the requirements, duties and responsibilities of an auctioneer;
(6) Requirements for mortgage brokers, including trust accounts, record-keeping, written contracts, full disclosure, and restrictions on chargeable costs and expenses;
(7) Requirements for continuing education, including procedures for granting a certificate of accreditation; notification of a material change in an approved course offering; suspension, revocation and denial of course approval; notice to students regarding the course and opportunity for comment; auditing; certificates of attendance; preregistration; and limits on correspondence courses;
(8) Requirements for property managers, including trust accounts, auditing, contracts, disclosure, disciplinary matters, financial obligations and records, and property management accounting; and
(9) Requirements for establishing and maintaining teams and the requirements, duties, and responsibilities of team leaders.
Source: SL 1992, ch 273, § 89; SL 1993, ch 292; SL 2012, ch 252, § 1; SL 2019, ch 171, § 3; SL 2020, ch 162, § 5; SL 2021, ch 168, § 33; SL 2023, ch 138, § 5.