PART V - PROCEDURE FOR ADOPTING PERMANENT RULES

Notice:

Serve head of department with a copy of SDCL 1-26-4(1)

(1) admission of service (Form 1);

(2) authorization to proceed (Form 2);

(3) proposed rules; and

(4) materials incorporated by reference.

Get written approval to proceed. SDCL 1-26-4(2)

Service on Legislative Research Council (LRC) and Bureau SDCL 1-26-4(2)

 of Finance and Management (BFM), publication of notice, 1-26-4(3)

 and notice to interested persons must be done at least 20 days

 before the hearing.

Service on LRC (two copies) and BFM (one copy) includes: SDCL 1-26-4(2)

(1) admission of service (Form 3 or 4 as applicable);

(2) notice of hearing;

(3) fiscal note;

(4) proposed rules - double spaced;

(5) (LRC only) copies of admission of service on department

 secretary and authorization to proceed (Forms 1 and 2); 

(6) (LRC only) one copy of any materials incorporated by

 reference. The materials will be returned after the review

 is complete; and

(7) Small Business Impact Statement (Form 14)

If rules have a negative fiscal impact on local political SDCL 1-26-4.2

 subdivisions, ask BFM to send a copy of its fiscal note to

 South Dakota Municipal League, Associated School Boards

 of South Dakota, and South Dakota County Commissioners

 Association.

Publish notice of hearing in a manner selected to notify SDCL 1-26-4.1

 persons likely to be affected; minimum legal test is publication

 of notice in at least three newspapers of general circulation in

 different parts of the state.

Send notice to interested persons. SDCL 1-26-4.1

Comment period:

Accept comments from public and from LRC. SDCL 1-26-4(6)

1-26-6.5
Hold public hearing. If a board or commission has SDCL 1-26-4(4)

 rule-making authority, a majority of the board or

 commission must be present at the hearing.

Keep comment period open for ten days following hearing; SDCL 1-26-4(6)

 however, if agency is part-time citizen board or part-time 

 commission, close comment period at end of hearing unless

 hearing is specifically continued to take additional comments.

Adoption process:

Make changes in rules after consideration of comments SDCL 1-26-4(4)

 by public; make LRC's recommended changes; changes 1-26-4(7)

 must be within the scope of the notice. 1-26-6.5

Have rules signed by the person or a majority of the SDCL 1-26-6(2)

 body with the authority to adopt them (Form 11).

Serve Rules Committee with minutes of public hearing, SDCL 1-26-4(8)

 complete record of written comments, and final draft 1-26-4.3

 of rules after hearing. 1-26-6(1)

Serve final draft of rules with Legislative Research Council SDCL 1-26-6(4)

 and obtain signature of LRC approving the rules for 1-26-6.5

 legality and for form and style (Form 11). 1-26-6.6

Appear and present rules to the Interim Rules SDCL 1-26-1.2

 Review Committee. 1-26-4(8)

Filing with Secretary of State:

File a copy of Form 11 and original certificate Form 13, with the SDCL 1-26-4.3

 Secretary of State if the agency has appeared before the Rules Committee 1-26-6(1)

 and minutes and final rules were served on the Rules Committee and if all 1-26-6(5)

 signatures have been obtained. No more than 75 days may elapse between

 when the agency's public hearing commences and the rules are filed with

 the Secretary of State.

Effective date:

Rules are provisionally effective on the 20th day SDCL 1-26-6

 after filing with the Secretary of State.

Rules are finally effective on July 1 after the next SDCL 1-26-6

 legislative session.
PROCEDURE FOR ADOPTING PERMANENT RULES

 Step 1

Forms 1, 2

Serve proposed rules on department secretary

Wait 15 days or get permission to continue

 Step 2 The times shown in the flow chart are

Forms 3, 4, 5, 6, 14 the minimums established by SDCL

Serve rules, notice, fiscal notes, and impact 1-26-4 and 1-26-6. Steps 4 through 7

statement on LRC and BFM must be accomplished in 75 days

No waiting period (SDCL 1-26-4.3).

 Step 3 The form numbers in the chart

Forms 6, 7, 8, 9 correspond to forms on the following

Publish notice of hearing and send pages. Your agency must create all of

notice to interested persons these forms, with the exception of

Wait 20 days Form 5 (BFM 50.10), the fiscal note,

which is obtained from the Bureau

 Step 4 of Finance and Management, and

Form 10 Form 8, affidavit of publication,

Hold public hearing which is provided by the newspapers

Wait 10 days unless the entity publishing your notice.

promulgating the rules is a board or

a multiperson decision maker Keep the originals of all of these

documents in your agency files except

 Step 5 for Form 13, the certificate, the

Form 11 original of which must be filed with

Adopt rules the Secretary of State. While it is not

No waiting period required by statute, the Secretary of

State has requested that a copy of

 Step 6 Form 11 be filed with the rules and

Forms 11, 12 the certificate (Step 7).

Submit final, adopted rules to LRC for

approval signature. Send final rules A more detailed explanation of this

and minutes of hearing to Rules Committee. entire process is contained in the

Appear and present rules to the Committee Administrative Procedures Act,

SDCL chapter 1-26.

 Step 7

Form 13

File rules and certificate of compliance

with Secretary of State

Wait 20 days

Rules are effective
Final Check List 

Form Date Completed 

Admission of Service (Form 1) March 3, 2010 

Waiver of Waiting Period (Form 2) March 3, 2010 

LRC Admission of Service (Form 3) March 11, 2010 

BFM Admission of Service (Form 4) March 11, 2010 

Fiscal Note (Form 5) March 3, 2010 

Public Notice (Form 6) March 11, 2010 

Public Notice Letters (Form 7) March 11, 2010 

Affidavit of Publication (Form 8) 

Aberdeen – March 15, 2010 

Brookings – March 15, 2010 

Huron – March 16, 2010 

Madison – March 19, 2010 

Mitchell – March 24, 2010 

Pierre – March 16, 2010 

Rapid City – March 17, 2010 

Sioux Falls – March 17, 2010 

Spearfish – March 15, 2010 

Watertown – March 15, 2010 

Yankton – March 15, 2010 

Interested Parties Affidavit (Form 9) March 12, 2010 

BME Minutes (Form 10) April 15, 2010 

BME Approval (Form 11) BME – April 15, 2010 

LRC – June 8, 2010 

Interim Rules Admission of Service 

(Form 12) May 13, 2010 

Certificate (Form 13) BME – April 15, 2010 

Sec. of State – June 8, 2010 

Small Business Impact (Form 14) March 3, 2010