South Dakota Codified Laws
Chapter 20B - Public Accountants
Section 36-20B-12 - Promulgation of rules.

36-20B-12. Promulgation of rules.
The board may promulgate rules, pursuant to chapter 1-26, governing its administration and enforcement of this chapter and the conduct of licensees, including:
(1)Rules governing the board's meetings and the conduct of its business;
(2)Rules of procedure governing the conduct of investigations and hearings by the board;
(3)Rules specifying the fees, educational and experience qualifications required for the issuance of certificates, the date for renewal of firm permits and certificates, and the continuing professional education required for renewal of certificates. The fee for issuance of a certificate may not exceed fifty dollars;
(4)Rules of professional conduct to control the quality and integrity of the practice of public accountancy by licensees, covering such areas as independence, integrity, and objectivity; competence and technical and professional standards; responsibilities to the public; and responsibilities to clients;
(5)Rules governing the manner and circumstances of use by holders of certificates who do not practice public accountancy, as defined under this chapter, of the titles certified public accountant and CPA;
(6)Rules specifying procedures and fees, not to exceed fifty dollars, for registration of certificate holders who do not practice public accountancy, as defined under this chapter;
(7)Rules governing the manner and circumstances of use by holders of licenses issued under prior law who do not practice public accountancy, as defined under this chapter, of the titles public accountant and PA;
(8)Rules specifying procedures and fees, not to exceed fifty dollars, for registration of license holders who do not practice public accountancy, as defined under this chapter;
(9)Rules regarding peer review pursuant to this chapter;
(10)Rules specifying peer review administrative fees, not to exceed one hundred twenty-five dollars;
(11)Rules specifying procedures and fees, not to exceed fifty dollars for required peer review documentation not filed in a timely manner;
(12)Rules specifying fees for examination and reexamination, not to exceed three hundred fifty dollars per examination section, and issuance of a certificate, not to exceed fifty dollars;
(13)Rules specifying procedures and fees, not to exceed fifty dollars, for proctoring applicants from another jurisdiction;
(14)Rules specifying the procedures and fees, not to exceed sixty-five dollars for each owner, plus fifty dollars for each firm practicing public accountancy in this state, for initial issuance or renewal of a firm permit. Any rule regarding a fee promulgated pursuant to this subdivision may be either a flat fee or tier based;
(15)Rules governing the application and fees for a modification of a disciplinary action, not to exceed one thousand dollars, or reissue of a certificate, not to exceed one hundred dollars, or firm permit, not to exceed sixty-five dollars for each owner, plus one hundred dollars for each firm practicing public accountancy in this state. Any rule regarding a fee promulgated pursuant to this subdivision may be either a flat fee or tier based;
(16)Rules governing the methods, eligibility, and requirements for applying for examination and reexamination;
(17)Rules specifying procedures and fees for renewal of certificates, not to exceed one hundred dollars, and firm permits, not to exceed sixty-five dollars for each owner, plus one hundred dollars for each firm practicing public accountancy in this state not filed in a timely manner. Any rule regarding a fee promulgated pursuant to this subdivision may be either a flat fee or tier based;
(18)Rules specifying procedures and fees, not to exceed twenty-five dollars, for replacement of a certificate or permit;

(19)Rules specifying methods and requirements for conducting the examination;
(20)Rules specifying methods, eligibility, and requirements of applying for a certificate;
(21)Rules specifying procedures and fees for issuance of certificates, not to exceed one hundred dollars, and firm permits, not to exceed sixty-five dollars for each owner, plus one hundred dollars for each firm practicing public accountancy in this state, not filed within the required period of time. Any rule regarding a fee promulgated pursuant to this subdivision may be either a flat fee or tier based;
(22)Rules defining active and inactive status of both certificate and PA license holders who are not practicing public accountancy; and
(23)Rules specifying procedures and fees, not to exceed one hundred dollars, on substantial equivalency.

Source: SL 2002, ch 179, §13; SL 2008, ch 191, §39; SL 2013, ch 175, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 20B - Public Accountants

Section 36-20B-1 - Definitions.

Section 36-20B-2 - Attest defined--Statements on standards to be adopted.

Section 36-20B-3 - Report defined.

Section 36-20B-4 - South Dakota Board of Accountancy--Members--Auditor General as ex officio member--Terms--Vacancies--Removal.

Section 36-20B-5 - Officers elected annually--Quorum--Meetings--Registry of licenses--Records certified by board admissible in evidence.

Section 36-20B-6 - Board within Department of Labor and Regulation--Reports to secretary.

Section 36-20B-7 - Moneys paid to state treasurer--Credit to Board of Accountancy fund--Appropriation and expenditure of funds.

Section 36-20B-8 - Compensation and expenses of board members.

Section 36-20B-9 - Employment of personnel--Appointment of committees--Legal counsel.

Section 36-20B-10 - Authority of South Dakota Board of Accountancy.

Section 36-20B-11 - Immunity from liability of board members and agents.

Section 36-20B-12 - Promulgation of rules.

Section 36-20B-13 - Certification as certified public accountant--Fees.

Section 36-20B-14 - Good moral character defined.

Section 36-20B-15 - Education requirements.

Section 36-20B-16 - Applicant to pass examination on rules of ethics.

Section 36-20B-17 - Fee for examination.

Section 36-20B-18 - Examination--Subjects--Time, application and grading method to be determined by board--Contracts for administrative services.

Section 36-20B-19 - Successful completion of examination--Reexamination.

Section 36-20B-20 - Reciprocity of examination credits--Waiver of examination requirements.

Section 36-20B-21 - One year's experience required for initial issuance of certificate--Certificate issued prior to July 1, 2002.

Section 36-20B-22 - Eligibility to apply for a certificate.

Section 36-20B-23 - Issuance and renewal of certificate--Expiration--Application--Provisional certificates.

Section 36-20B-24 - Relinquishment of certificate or registration following suspension or revocation.

Section 36-20B-25 - Issuance of certificate without reciprocity--Requirements.

Section 36-20B-26 - Issuance of certificate to applicant licensed by another state--Qualifications substantially equivalent.

Section 36-20B-27 - Renewal of certificate--Continuing education requirement--Exception.

Section 36-20B-28 - Fee for issuance or renewal of certificate.

Section 36-20B-29 - Information to be provided concerning status of certificate or permit in another state--Personal and criminal information.

Section 36-20B-30 - Certificate issued to holder of substantially equivalent foreign designation--Conditions.

Section 36-20B-31 - Peer review of certificate holder performing compilation services.

Section 36-20B-32 - Firm permits--Duration--Provisional permits.

Section 36-20B-32.1 - Firms required to hold permit.

Section 36-20B-32.2 - Out-of-state firms performing services for in-state clients.

Section 36-20B-32.3 - Out-of-state firms performing other in-state services.

Section 36-20B-33 - Compliance with certain standards required.

Section 36-20B-34 - Information to be provided concerning status of permit in another state.

Section 36-20B-35 - Notice to be given of certain changes--Failure to comply.

Section 36-20B-36 - Peer review as condition of renewal of firm permit--Confidentiality.

Section 36-20B-37 - Fee for application or renewal of permit.

Section 36-20B-38 - Holders of permits and licenses issued under prior law--Renewal.

Section 36-20B-39 - Secretary of state as agent for service of process on nonresident applicants.

Section 36-20B-40 - Disciplinary action--Remedies available to board--Grounds.

Section 36-20B-41 - Investigations--Probable cause determination--Subpoena power of board.

Section 36-20B-42 - Investigating officer--Confidentiality of information.

Section 36-20B-43 - Findings of investigation--Effect.

Section 36-20B-44 - Random review of licensee's work.

Section 36-20B-45 - Issuance of complaint--Administrative hearing--Service of complaint and notice of hearing.

Section 36-20B-46 - Respondent to have access to investigatory report and evidence.

Section 36-20B-47 - Appearance at hearing--Examination and presentation of witnesses and evidence--Subpoenas.

Section 36-20B-48 - Presentation of evidence supporting complaint--Certain board members disqualified from decision-making--Board counsel--Record--Recorded vote of majority required to impose penalty.

Section 36-20B-49 - Failure to appear at hearing--Order--Setting aside order upon showing of good cause.

Section 36-20B-50 - Judicial review of board order.

Section 36-20B-51 - Notice to other states of disciplinary action--Information furnished to authorities--Exception when petition for review filed.

Section 36-20B-52 - Modification of prior disciplinary action--Reissuance of certificate, license, or permit--Procedure.

Section 36-20B-53 - Continuing professional education or peer review as condition for reissuance of certificate, license or permit.

Section 36-20B-54 - Certain services restricted to licensees and individuals granted practice privileges--Exceptions--Standards.

Section 36-20B-55 - Certified public accountant--Restrictions on use of title and designations.

Section 36-20B-56 - Public accountant--Restrictions on use of title and designations.

Section 36-20B-57 - Certified, chartered, enrolled, licensed, registered, or accredited accountant--Restrictions on use of title and designation--Restrictions on use of certain language.

Section 36-20B-58 - Accountant or auditor--Restrictions on use of title, designation, and language--Exceptions--Violation as misdemeanor.

Section 36-20B-59 - Chapter not applicable to certain persons holding foreign certifications or designations.

Section 36-20B-60 - Attest services to be performed through business holding valid permit.

Section 36-20B-61 - Compilation report to be issued through business holding valid permit--Exceptions.

Section 36-20B-62 - Attorney's records, documents customarily prepared in law practice not affected.

Section 36-20B-63 - Board may seek injunction.

Section 36-20B-64 - Board may institute criminal proceedings--Violation of chapter as misdemeanor.

Section 36-20B-65 - Commission of single prohibited act justifies penalty.

Section 36-20B-66 - CPA licensed in state with substantially equivalent requirements--Privileges.

Section 36-20B-67 - CPA with equivalent qualifications licensed in state not verified to have substantially equivalent requirements--Privileges.

Section 36-20B-68 - Licensee of another state who exercises practice privilege and employer consent to board's jurisdiction--Agent for service of process.

Section 36-20B-69 - Liability of licensee for act committed in another state.

Section 36-20B-70 - Firm permit required for CPA licensed in another state to exercise practice privileges.