S.D. Admin. R. 20:77:06:01

Current through Register Vol. 51, page 67, December 16, 2024
Section 20:77:06:01 - Retention of records

An appraisal management company registered under the provisions of this article shall retain the following records:

(1) A detailed record of each service request that it receives for appraisals of real property located in South Dakota, which shall include, but is not limited to, the following:
(a) Letter of engagement with the utilized appraiser;
(b) Appraisal report received from the utilized appraiser, including the original report, any revised reports, and any addenda or other material furnished subsequent to the delivery of the original report;
(c) Any and all assignment related correspondence sent to and received from the utilized appraiser;
(d) Letter of engagement with the utilized reviewing appraiser for the purpose of reviewing the requested appraisal;
(e) Review of the requested appraisal, including the original review report, any and all correspondence sent to and received from the utilized reviewing appraiser, and each subsequent revised review report;
(f) Requests received from the client, all documentation supplied to that client, and any and all correspondence sent to and received from the client; and
(g) Fees paid to utilized appraisers and the fees received from the client;
(2) The appraiser fee schedules, with beginning and ending effective dates, which is developed, maintained, and is currently being used.

Records must be retained for a minimum of five years. However, if, within the five-year period, an appraisal or report is involved in an investigation, litigation, or state or federal review, the five-year period for the retention of the records begins on the date of the final disposition of that investigation, litigation, or state or federal review. Records may be retained as a photocopy or electronic copy type of media.

S.D. Admin. R. 20:77:06:01

38 SDR 40, effective 9/20/2011.

General Authority: SDCL 36-21D-4(8).

Law Implemented: SDCL 36-21D-1, 36-21D-4(3)(8).