South Dakota Code § 36-20B-36

Peer review as condition of renewal of firm permit--Confidentiality.The board
Open in Lexace · Ask the AI about this section
may, by rule promulgated pursuant to chapter 1-26, require, on either a uniform or a random basis,
as a condition of renewal of firm permits pursuant to this chapter, that an applicant undergo peer
review conducted in such manner and producing such satisfactory result as the board may specify.
However, any such requirement shall include reasonable provision for compliance by means of an
applicant furnishing evidence of a satisfactory peer review performed for other purposes. Such
review shall include a verification that individuals in the firm who are responsible for supervising
attest and compilation services and who sign or authorize someone to sign the accountant's report
on the financial statements on behalf of the firm, meet the competency requirements set out in the
professional standards for such services. Any rule promulgated pursuant to this section shall:

(1)

Include reasonable provision for compliance by an applicant showing that it has, within
the preceding three years, undergone a peer review that is a satisfactory equivalent to peer
review generally required pursuant to this section;

(2)

Require, with respect to a peer review contemplated by subdivision (1), that it be subject
to oversight by an oversight body established or sanctioned by board rule, promulgated
pursuant to chapter 1-26, which body shall periodically report to the board on the
effectiveness of the review program under its charge, and provide to the board a listing
of firms that have participated in a peer review program that is satisfactory to the board;
and

(3)

Require, with respect to peer review contemplated by subdivision (1), that any peer
review process be operated and any documents maintained in a manner designed to
preserve confidentiality, and that neither the board nor any third party, other than the
oversight body, may have access to documents furnished or generated in the course of the
review.

Pursuant to the peer review process, the board shall treat the reports of the reviewer and any
records submitted to the reviewer by the firm subject to review as confidential information. The
board may not disclose such information to any persons other than staff members, legal counsel, and
other persons retained by the board to assist it in fulfilling its responsibilities under this chapter and
the rules, promulgated by the board pursuant to chapter 1-26.

‹ Prev All South Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.