Each claim for recovery from the undertaking fund shall be made on a commission approved claim form. For a submitter's claim to be eligible for recovery from the undertaking fund, the claim shall meet the following requirements:

1. (1) The installation was performed by a contractor, whose license was in good standing at the time of the installation;
2. (2) The submitter has paid the contractor for part of an installation that has not been completed or for an installation that was improperly completed;
3. (3) The submitter submits a completed claim form to the commission;
4. (4) The submitter submits three bids for completion of the installation that is to be corrected or completed; and

5. (5) The submitter has not obtained a civil judgment against the contractor.

   If the three originally submitted bids are found to be unreasonable, the commission may assign a contractor to correct or complete the installation or request the submitter to submit three additional bids for review.

Source: 40 SDR 198, effective May 28, 2014.

General Authority: SDCL 36-16-20.

Law Implemented: SDCL 36-16-20.