36-19-25.1. Validation of receipt of prior initial license fees--vested rights.
The receipt of fees for initial licenses issued by the Board of Funeral Service is validated and is of the same force and effect as if the board had authority to set and collect such fees.
If a person has a vested right in any property because of the lack of authority referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1984, such right is forever barred, and no such action or proceeding may be brought or be of any force or effect, or be maintainable in any court of this state.
Source: SL 1983, ch 272, ยง2.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 19 - Funeral Directors And Establishments
Section 36-19-1 - Definition of terms.
Section 36-19-2 - State Board of Funeral Service--Terms and qualifications of members--Vacancies.
Section 36-19-3 - Districts represented by board members.
Section 36-19-4 - Oath of office of appointive members.
Section 36-19-5 - Removal of appointive members from board--Filling of vacancies.
Section 36-19-6 - Meetings of board--Quorum.
Section 36-19-6.1 - Board continued within Department of Health--Records and reports.
Section 36-19-7 - Compensation and expenses of board members, secretary and employees.
Section 36-19-9 - Officers of board--Scope of rules--Bond required of treasurer.
Section 36-19-10 - Seal of board.
Section 36-19-11 - Fees paid to treasurer--Use of fees.
Section 36-19-12 - General duties of board with respect to licenses.
Section 36-19-13 - Qualifications of inspector employed by board.
Section 36-19-14 - License required to embalm, practice funeral service or maintain establishment.
Section 36-19-17 - License issued to previously licensed funeral director.
Section 36-19-18 - Licenses issued to funeral service trainees.
Section 36-19-20 - Application for license to practice funeral service--Examination.
Section 36-19-21 - Requirements for funeral service license--Scope of examination.
Section 36-19-22 - Time and place of examination--Minimum grade--Preservation of papers.
Section 36-19-23 - National board certificate accepted in lieu of examination.
Section 36-19-24 - Licensing of licensee from another state.
Section 36-19-25 - Fees for issuance and renewal of funeral service license.
Section 36-19-25.1 - Validation of receipt of prior initial license fees--vested rights.
Section 36-19-27 - Application for funeral establishment license--Fee--Licensee in charge.
Section 36-19-28 - Sanitation, ventilation, and equipment required for funeral establishment.
Section 36-19-30 - Funeral establishment managed by licensed individual.
Section 36-19-31 - Annual inspection of funeral establishment.
Section 36-19-32 - Change of location or transfer of funeral establishment.
Section 36-19-33 - License to legal representative of deceased funeral establishment manager.
Section 36-19-34 - Association membership not required for license.
Section 36-19-35 - Signature and seal of licenses.
Section 36-19-36 - Licenses not transferable--Display in place of business.
Section 36-19-37 - Expiration and annual renewal of licenses--Fee.
Section 36-19-38 - Grounds for refusal, suspension or revocation of license.
Section 36-19-40 - Appeal from revocation, suspension or refusal of license.
Section 36-19-41 - Violation of chapter as misdemeanor.
Section 36-19-41.1 - Injunction to prevent violations--Election of remedies.
Section 36-19-42 - Severability of provisions.
Section 36-19-43 - Federal trade commission rules--Board's option to comply with.