Title 36, chapter 36 – 18A of South Dakota Statutes regulates the profession of architects in South Dakota.  S.D. Codified Laws § 36-18A-2 provides that any person practicing architecture should submit evidence of qualifications to Board of Technical Professions (board) and be licensed.  No person can practice architecture unless the person is licensed.

Pursuant to S.D. Codified Laws § 36-18A-27 to qualify for licensure an applicant should prove that s/he has graduated with an accredited professional degree in architecture.  The applicant should also have completed the national architectural intern development program and should have successfully completed the examinations set by the board.  The board can use its discretion to qualify an applicant who holds a certification issued by the National Council of Architectural Registration Boards (Council) instead of the prescribed qualifications. The board can create rules to establish education, experience, and examination criteria.

S.D. Codified Laws § 36-18A-32 provides that the board can require an applicant to appear for an oral interview if there are questions as to the depth, extent, and quality of any experience.  Failure to supply additional evidence or information within thirty days from the date of a written request from the board, or failure to appear before the board if an appearance is requested, can be considered cause for disapproval of an application.  The board can interpret qualifying experience as a general practice experience of a progressive degree of difficulty, magnitude, and responsibility under proper professional guidance and supervision of licensed persons.

Pursuant to S.D. Codified Laws § 36-18A-33, the board can admit to examination any candidate who pays a fee established by the board and submits an application with evidence satisfactory to the board that the applicant satisfies the necessary education and experience requirements.  The board can require an applicant for licensure or a current licensee to take an examination as it deems necessary to determine that person’s professional minimum competency.

S.D. Codified Laws § 36-18A-34 provides that the board should notify each applicant of the results of the examination and those entitled to licensure or enrollment.  If an applicant fails the examination and the applicant’s application is still current, subsequent reexaminations may be granted upon payment of a fee to be fixed by the board.

Pursuant to S.D. Codified Laws § 36-18A-35, the board can give comity consideration to any person who holds a current and valid license issued to that person for active practice by the proper authority in any other state of U.S.  However, requirements for the qualification should not conflict with that of South Dakota.  An applicant can be required to take examinations as the board deems necessary to determine the applicant’s competency.

Pursuant to S.D. Codified Laws § 36-18A-36, the board can grant a license to an applicant as an architect who is qualified under the prescribed standards.

S.D. Codified Laws § 36-18A-37 provides that the license should be displayed in a conspicuous place in the licensee’s principal office, place of business, or place of employment within South Dakota.  A new license to replace a lost, destroyed, or mutilated license should be issued upon payment of a fee established by the board.

Pursuant to S.D. Codified Laws § 36-18A-38, the recipient of a license can practice architecture, and use the appropriate title ‘architect’.  A licensee can use a title either with or without prefixing the word, licensed or registered.  No licensee can practice a profession or use a title unless the license specifically permits such practice and usage. An unrevoked and unexpired license issued is presumptive evidence in all courts and places that the person named is legally licensed to practice architecture.

S.D. Codified Laws § 36-18A-39 provides that a license expires two years after the date of issuance and becomes invalid on that date unless renewed by that date.  Any licensed architect who desires to continue to practice or offer to practice the licensee’s profession should pay the renewal fee established by the board, and successfully complete all continuing professional development requirements established by the board or make a showing of good cause why the licensee was unable to comply with such requirements.

S.D. Codified Laws § 36-18A-41 provides that the board should notify by mail a licensed architect the date of expiration of the license, the requirement of professional development hours, and the amount of the fee required for renewal.  The notice should be mailed to the last known address of the licensee at least one month in advance of the date of expiration of the license.  A licensee should notify the board of any address changes.

S.D. Codified Laws § 36-18A-42 provides that a person can reinstate an expired license or request inactive status within three years after a license’s date of expiration if the person is otherwise qualified.  The fee for the reinstatement of the license or requesting inactive status after it has expired shall be increased by an amount determined by the board.

Pursuant to S.D. Codified Laws § 36-18A-43, any licensed architect can request that the person’s license be placed on inactive or retired status.  The fees to place files on inactive or retired status should be determined by the board.  Failure to render any fees required for inactive or retired status can result in the automatic termination of inactive or retired status.  The request for files to be placed on inactive or retired status can be denied by the board.  No person can practice or offer to practice while that person’s files are inactive or retired.

S.D. Codified Laws § 36-18A-44 provides that a licensed architect can procure and use an appropriate seal.  The seal should contain the state name ‘South Dakota’, licensee’s name, license number, and the appropriate title ‘Architect’.  S.D. Codified Laws § 36-18A-45 provides that the application of the architect’s seal and signature and the date constitutes certification that the work on which it was applied was done by the architect or under the architect’s responsible charge.

S.D. Codified Laws § 36-18A-45.1 provides that a digital signature that uses a process approved by the board is presumed to be valid.  Any hard copy printed from the transmitted electronic file should bear the facsimile of the signature and seal and should be a confirmation that the electronic file was not altered after the initial digital signing of the file.  Any alterations to the file should cause the facsimile of the signature to be voided.

Pursuant to S.D. Codified Laws § 36-18A-47, any office physically located and maintained in South Dakota to offer architectural services should have an appropriately licensed person who is regularly employed in that office and who has responsible charge and direct supervision and control of all professional services.  No licensee who renders occasional, part-time, or consulting services for an office can be designated as the appropriately licensed person in responsible charge for the professional activities of the office unless a schedule is posted at the office for the public’s knowledge and filed with and approved by the board stating when the licensee is physically in the office.

Pursuant to S.D. Codified Laws § 36-18A-54, the board can inquire into the identity of any person alleged to be engaging in the unlawful practice of architecture.  The board can investigate alleged violations of the prescribed rules, and report to the proper state’s attorney or the attorney general any person or case that in the judgment of the board warrants prosecution.  The attorney general or the several states’ attorneys can prosecute such violations on behalf of the board.

S.D. Codified Laws § 36-18A-56 provides that the board can take action without proof of actual injury on the following violations:

• An architect has violated any statute, rule, or order that the board has issued or is empowered to enforce.
• An architect has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to professional practice.
• An architect has engaged in conduct or acts that are grossly negligent, incompetent, reckless, or otherwise in violation of established standards related to that person’s professional practice.
• An architect has been convicted of or has pleaded guilty to a felony.  An architect has as been shown to have engaged in acts or practices tending to show that the licensee is incompetent or has engaged in conduct reflecting adversely on the person’s ability or fitness to engage in that person’s professional practice.  A copy of the record of conviction or plea of guilty is conclusive evidence.
• An architect has employed fraud or deception in obtaining a license or renewal of a license or in passing all or a portion of the examination.
• An architect’s professional license, registration, certificate, right to examination, or other similar rights to practice  is revoked, suspended, canceled, given probation, limited, censured, reprimanded, or not renewed for cause in any other state in the U.S.
• An architect failed to meet any requirement for issuance or renewal of the person’s license or certificate.
• An architect has used or attempted to use another person’s certificate or seal as one’s own.
• An architect has used or attempted to use an expired, suspended, or revoked license.
• An architect has placed that person’s seal or signature to a plan, specification, report, plat, or other technical submission or document not prepared by that person or under that person’s responsible charge.
• An architect has aided or assisted another person in violating any rules of the State.
• An architect failed to promptly and appropriately provide information requested by the board as a result of a formal or informal complaint to the board.
• An architect has provided false testimony or information to the board.
• An architect has falsely used any title, figures, letters, or descriptions to imply licensure.
• An architect has engaged in the use of untruthful or improbable statements in advertisements.
• An architect is habitually intoxicated or is addicted to the use of alcohol or illegal drugs.
• An architect has committed an act, engaged in conduct, or committed practices that may result in an immediate threat to the public.
• An architect has provided professional services in technical areas not covered by that person’s license or competency.

Pursuant to S.D. Codified Laws § 36-18A-56, if the board determines that a person has violated the rules set by the board, it can deny an application, or suspend, temporarily suspend, revoke, or refuse to renew an enrollment or license.  The board can also pursue legal actions against a person that is not licensed to offer or render architectural practices.