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Can I collect third-party data from participants in South Dakota? What are the requirements?

Yes, you can collect third-party data from participants in South Dakota, but the specific requirements depend on the type of data being collected and the entity collecting it.

If you are a third-party tester collecting data related to commercial driver licensing skills tests, you must meet the requirements listed in SDAR 61:25:04:05 and SDAR 61:25:04:07. These requirements include maintaining a place of business in South Dakota, directing or controlling at least one qualified third-party examiner approved by the department, allowing the department to conduct random examinations, inspections, and audits without prior notice, maintaining records of completed commercial driver licensing skills test scoring sheets and third-party examiners for at least two years, ensuring that skill tests are conducted in accordance with SDAR 61:25:04:18, and sending a copy of testing records to the department by the 15th day of each month [1.1].

If you are an inpatient psychiatric facility collecting data, you must submit the data required in SDAR 46:24:02:03 to the department. The department must approve the method of data transmission for each inpatient psychiatric facility required to report. A monthly submission to the department shall include batched data of all reportable cases during the period from the first day to the last day, inclusive, of each month. Monthly submissions must reach the department within 60 days following the completion of the end of the month for which the data is being submitted [2.1][3.1].

If you are applying for a third-party tester or third-party examiner certificate, you must execute an agreement form provided by the department in which you agree to comply with the requirements of this chapter for third-party testers, including the audit procedures in SDAR 61:25:04:13, and agree to hold the department harmless from liability resulting from the third-party tester’s administration of the commercial driver licensing skills test program. Additionally, third-party testers who are not governmental entities or an association must have been in operation in South Dakota for a minimum of two years and maintain a safety rating of satisfactory if subject to the Federal Motor Carrier Safety Regulations (FMCSR) [1.2][1.7].

If you are collecting third-party data in South Dakota, you must also comply with the notification requirements listed in SDAR 61:25:04:17. These requirements include notifying the department in writing 30 days prior to a change in the collector’s name or address, notifying the department in writing within 10 days of any change in the third-party examiners who are employed by the collector and the third-party examiners’ driving status, notifying the department in writing within 10 days of any of the following occurrences: the collector ceases business operations in South Dakota, the collector fails to comply with any of the requirements in this chapter, third-party examiners receive notice from the department of suspension, revocation, disqualification, or cancellation or a driving while intoxicated conviction, or third-party examiner fails to comply with any of the requirements in this chapter, and requesting and obtaining approval from the department of any proposed changes in the data collection methods [1.3].

In conclusion, to collect third-party data from participants in South Dakota, you must comply with the specific requirements set forth in the relevant SDAR sections. These requirements vary depending on the type of data being collected and the entity collecting it.

Source(s):
Jurisdiction

South Dakota