For the purposes of this chapter, the term, independent contractor, means any person who:

1. (1) Is not an employee of a licensed manufacturer; and

2. (2) Pursuant to an agreement with a license manufacturer:

   1. (a) Designs, develops, programs, produces or composes a control program on behalf of the licensed manufacturer; or
   2. (b) Designs, develops, produces, or composes software, source language, or executable code intended to be compiled into a control program by a licensed manufacturer.

Source: 39 SDR 119, effective January 8, 2013.

General Authority: SDCL 42-7B-7 , 42-7B-11(12).

Law Implemented: SDCL 42-7B-11(12).