36-18A-22. Board to promulgate rules--Scope of rules--Existing rules remain in effect.
The board shall, pursuant to chapter 1-26, promulgate rules that may be reasonably necessary for the performance of its duties, the regulation of proceedings before it, and the licensure of the professions it regulates. The existing rules promulgated under the previous chapter 36-18 remain in effect until replaced. The board shall promulgate rules, pursuant to chapter 1-26, for the licensure of professional engineers, architects, land surveyors, landscape architects, and petroleum release assessors and remediators in the following areas:
(1)Forms such as applications, renewals, licenses or certificates, and receipts for applicants, licensed professionals, and business entities;
(2)Fees for applications, examinations, renewals, late penalties, lists and labels of licensees, returned checks, reinstatement, inactive status, ability to allow a vendor to collect fees for examinations, waiver of fees;
(3)Criteria for types of education degrees, approval of accredited programs, intern programs, type of experience, length of experience, national and state specific examinations, use of computer examinations, criteria from other countries, procedure to evaluate foreign degrees, eligibility of applicants, dual licenses;
(4)Continuing professional education and development content, hours, carryovers, and requirements;
(5)How, when, and where to seal plans and documents; type of seal; required services to be provided; and criteria to define complete plans, minimum standards of practice, and guidelines;
(6)Description of and criteria for construction administration, including a designation of who is to perform construction administration and criteria for a prime professional or a coordinating professional;
(7)Requirements for compliance with local building code; and
(8)The adoption of a code of professional conduct.
Source: SL 1999, ch 195, §22; SL 2007, ch 219, §10; SL 2021, ch 168, § 25.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 18A - Technical Professions
Section 36-18A-1 - Definition of terms.
Section 36-18A-1.1 - Inactive licensee defined.
Section 36-18A-2 - Practice of architecture defined.
Section 36-18A-3 - Practice of engineering, design coordination, and engineering studies defined.
Section 36-18A-4 - Practice of land surveying defined.
Section 36-18A-5 - Practice of landscape architecture defined.
Section 36-18A-6 - Practice of petroleum release assessment defined.
Section 36-18A-7 - Practice of petroleum release remediation defined.
Section 36-18A-8 - License required to practice professions enumerated in chapter.
Section 36-18A-9 - Certain persons exempt from provisions of chapter.
Section 36-18A-11 - Design-build services by contractor.
Section 36-18A-12 - Certain services performed by authorized petroleum release business exempt.
Section 36-18A-13 - Incidental cross-practice by architects and engineers.
Section 36-18A-15 - Board member qualifications.
Section 36-18A-16 - Immunity of board members--Attorney general to represent board.
Section 36-18A-17 - Removal of board member--Filling of vacancies.
Section 36-18A-18 - Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.
Section 36-18A-19 - Accounting for moneys received--Disbursement of funds--Vouchers and warrants.
Section 36-18A-20 - Employment of counsel and assistance in enforcement.
Section 36-18A-21 - Employment of executive director and staff--Offices.
Section 36-18A-22 - Board to promulgate rules--Scope of rules--Existing rules remain in effect.
Section 36-18A-24 - Record and report policy.
Section 36-18A-25 - Engineering intern--Qualifications.
Section 36-18A-26 - Professional engineer licensure qualifications--Board to establish criteria.
Section 36-18A-28 - Land surveying intern qualifications--Board to establish criteria.
Section 36-18A-29 - Land surveyor qualifications--Board to establish criteria.
Section 36-18A-33 - Examination requirements--Fees.
Section 36-18A-34 - Notice of results--Reexamination--Fees.
Section 36-18A-35 - Licensure--Comity consideration--Promulgation of Rules--Fee.
Section 36-18A-36 - License issued to successful applicant.
Section 36-18A-37 - Display of license in place of business--Replacement license.
Section 36-18A-38 - Practice permitted recipient of license--Use of titles--License as evidence.
Section 36-18A-39 - Expiration and biennial renewal of licenses--Continuing professional education.
Section 36-18A-43 - Request for inactive or retired status--Fee.
Section 36-18A-45.1 - Digital signatures.
Section 36-18A-46 - Construction administration services to be provided by architect or engineer.
Section 36-18A-46.1 - Completion of work--Successor licensee--Nonprofessional services.
Section 36-18A-47 - Firm or office to have appropriately licensed person in charge.
Section 36-18A-49 - Application for certificate of authorization--Contents.
Section 36-18A-51 - Business to report changes in information supplied on application--Time limit.
Section 36-18A-52 - General provisions applicable to business entities.
Section 36-18A-53 - Employee not responsible for corporate violations--Exception.
Section 36-18A-54 - Board inquiries and investigation of violations--Report and prosecution.
Section 36-18A-56 - Proof of injury not necessary for board action on certain violations.
Section 36-18A-57 - Disciplinary remedies available to board.
Section 36-18A-58 - Additional remedies.
Section 36-18A-59 - Proceedings for revocation or suspension of license.
Section 36-18A-60 - Findings and actions of board subject to appeal.
Section 36-18A-61 - Civil remedies available to board.
Section 36-18A-62 - Service of cease and desist order.
Section 36-18A-63 - Report issued after hearing--Further order.
Section 36-18A-64 - Order becomes final if no hearing requested--Other remedies not precluded.
Section 36-18A-65 - Prohibited acts--Violation as Class 2 misdemeanor.
Section 36-18A-66 - Prohibited acts--Repeated violation as Class 1 misdemeanor.
Section 36-18A-67 - Fee to reimburse board for costs.
Section 36-18A-68 - Limitation on liability of licensed professionals--Exception.
Section 36-18A-69 - Contracts in violation unenforceable.
Section 36-18A-70 - Plans, specifications, plats and submissions in violation unacceptable.
Section 36-18A-74 - Continuation of licenses and enrollments issued under chapter 36-18.