S.D. Admin. R. 20:69:11:07

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:69:11:07 - Criteria for postlicensing or continuing education course approval

The commission may approve any course, seminar, conference, or equivalent that is provided by the commission, a public or private school, organization, association, person, corporation, society, or similar organization. The commission, when acting on an application for approval of a course, shall consider the following minimum criteria:

(1) Courses must have a total instruction time of not less than three hours;

(2) Courses offered via electronic means with real time visual and audio interaction between instructor and student, provided the instructor or a proctor can continuously view all participating students on their monitor or other viewing device or screen, or otherwise demonstrate to the executive director's satisfaction the capability to track and record the presence and participation of students;

(3) A course provider must certify to the best of its knowledge the attendance of each student at the course. The course provider shall submit its criteria for measuring attendance in the application for course approval on a form provided by the commission;

(4) The course provider shall maintain for a minimum of three years records of students successfully completing a course;

(5) Credit must be earned on the basis of attendance or, in the case of independent study or distance education courses, completion of the course;

(6) Each course of study may have a coordinator or administrator supervising the program. The coordinator must be qualified, either through previous education or experience, to administer a real estate course of study, to evaluate course content and instructors, and to analyze examinations; and

(7) All instructors in a real estate course of study must file with the commission credentials showing the necessary specialized preparation, training, and experience to ensure competent instruction. The commission shall approve each instructor individually. Approval must be obtained from the commission before the instructor's lecture in an approved course of study. Instructors, lecturers, seminar leaders, and others who present a postlicensing or continuing education course must meet at least one of the following qualifications:

(a) A bachelor's, graduate, or postgraduate degree in the field in which the person is to teach;

(b) A valid teaching credential or certificate from South Dakota or another state authorizing the holder to teach in the field of instruction being offered;

(c) Five years' full-time experience in a professional, trade, or technical occupation in the applicable field;

(d) Any combination of at least five years of full-time applicable field experience and college level education; or

(e) Expertise in specialized courses as approved by the commission.

In addition to meeting at least one of the qualifications in (a) to (e), inclusive, an instructor seeking approval to teach real estate agency law specific to South Dakota must complete an approved training course.

S.D. Admin. R. 20:69:11:07

5 SDR 12, effective 8/21/1978; 10 SDR 54, effective 12/5/1983; 12 SDR 102, effective 12/22/1985; 12 SDR 151, 12 SDR 155, effective 7/1/1986; transferred from; 48 SDR 059, effective 12/6/2021

General Authority: SDCL 36-21A-30.2, 36-21A-63.

Law Implemented: SDCL 36-21A-30.2, 36-21A-63, 36-21A-64.