What action can the South Dakota Real Estate Commission take if an unlicensed individual engages in activities requiring a real estate license?

The correct action when an unlicensed individual engages in activities that require a real estate license is that the matter may be referred to a state's attorney. This referral allows for legal action to be taken against the individual, as unauthorized practice of real estate is a violation of state law. By involving the state's attorney, the commission ensures that there are appropriate legal consequences for actions that undermine the regulatory framework intended to protect consumers and maintain the integrity of the real estate profession.

In contrast, imposing a fine immediately may not be viable since the process typically requires legal proceedings to establish guilt or wrongdoing. Issuing a warning is generally not an effective measure when dealing with unauthorized practice because it does not adequately address the violation. Likewise, retroactive licensing is not permissible as licenses cannot be granted after the fact for activities already undertaken without a license. This is designed to uphold the standards and requirements established by the commission for practicing real estate in South Dakota.