If the report is designated pass with deficiency or fail, the board may request additional information or a response from the firm under review or from the reviewer to support or clarify the pass with deficiency or fail report and may attempt to have the firm subject to review correct the deficiencies through a consent agreement. The consent agreement must set forth a plan and schedule for correction of the deficiencies. The consent agreement may include the following:

1. (1) A requirement that the deficiencies be corrected within a specified time;
2. (2) A requirement that the firm undergo a peer review during the calendar year following the date designated for correction of the deficiencies;
3. (3) A requirement that the members of the firm complete continuing education in the areas of deficiency in addition to the continuing education hours required by SDCL 36-20B-27;
4. (4) A requirement that the firm maintain a minimum library of source materials; and

5. (5) Any other requirements that will effectuate the purpose of this chapter and SDCL chapter 36-20B.

   If the board and the firm are not able to reach a consent agreement in regard to a plan and schedule for correction of the deficiencies, the board may proceed in accordance with SDCL 36-20B-40 and 36-20B-41.

   Cross-References:

   Results of review -- Exit conference, § 20:75:07:10.

   Report -- Findings for further consideration, § 20:75:07:11.

   Response to findings for further consideration, § 20:75:07:12.

   Board's review of reports, § 20:75:07:15.

Source: 29 SDR 16, effective August 14, 2002; 35 SDR 165, effective December 22, 2008; 36 SDR 216, effective July 6, 2010; 45 SDR 84, effective December 20, 2018 (effective January 1, 2020).

General Authority: SDCL 36-20B-12(9).

Law Implemented: SDCL 36-20B-36 , 36-20B-40 , 36-20B-41.

Prior versions effective: 2019-12-31, 2010-07-06.