Criteria for post - licensing or continuing education course approval. The commission may approve any course, seminar, conference, or equivalent that is provided by the commission, or by a public or private school, organization, association, person, corporation, society, or similar organization. The commission, to approve a course, shall require that :

1. (1) A course has a total instruction time of not less than three hours;
2. (2) A course offered via electronic means with real time visual and audio interaction between instructor and student, allows the instructor or a proctor to continuously view all participating students on a monitor or other viewing device or screen, or otherwise demonstrates to the executive director’s satisfaction the capability to track and record the presence and participation of students;
3. (3) A course provider 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. (4) A course provider maintain for a minimum of three years records of students successfully completing a course;
5. (5) Credit is earned on the basis of attendance or, in the case of independent study or distance education courses, completion of the course;
6. (6) Each course of study 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. (7) All instructors in a real estate course of study 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 post-licensing or continuing education course must have at least one of the following qualifications:

   1. (a) A bachelor's, graduate, or postgraduate degree in the field in which the person is to teach;
   2. (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;
   3. (c) Five years of full-time experience in a professional, trade, or technical occupation in the applicable field;
   4. (d) Any combination of at least five years of full-time applicable field experience and college-level education; or

   5. (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 shall complete an approved training course.

Source: 5 SDR 12, effective August 21, 1978; 10 SDR 54, effective December 5, 1983; 12 SDR 102, effective December 22, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:56:19:07, 20 SDR 18, effective August 16, 1993; 24 SDR 172, effective June 16, 1998; 25 SDR 90, effective December 28, 1998; 28 SDR 28, effective September 2, 2001; 35 SDR 305, effective July 1, 2009 ; 48 SDR 60, effective December 6, 2021 .

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

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

Prior versions effective: 2009-07-01.