reglab/housing_qa huggingface dataset:
SD Codified L § 1-26-24 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-24 - Tentative or proposed decision served on parties--Contents--Waiver.

1-26-24. Tentative or proposed decision served on parties--Contents--Waiver.When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a tentative or proposed decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The tentative or proposed decision shall contain a statement of the reasons therefor and findings of fact on each issue and conclusions of law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section. Source: SL 1966, ch 159, §11; SL 1972, ch 8, §25.
SD Codified L § 1-26-25 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-25 - Form, contents and notice of decisions, orders and findings.

1-26-25. Form, contents and notice of decisions, orders and findings.A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. It may affirm, modify, or nullify action previously taken or may direct the taking of new action within the scope of the notice of hearing. It shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record. Source: SL 1966, ch 159, §12; SL 1978, ch 13, §8.
SD Codified L § 1-26-26 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-26 - Ex parte communications by agency personnel in contested cases--Investigating officer disqualified from decision making--Authorized communications.

1-26-26. Ex parte communications by agency personnel in contested cases--Investigating officer disqualified from decision making--Authorized communications.Unless required for the disposition of ex parte matters authorized by law, members of the governing board or officers or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or the party's representative, except upon notice and opportunity for all parties to participate. If one or more members of a board or commission or a member or employee of an agency, who is assigned to render a decision in a contested case, took part in an investigation upon which the contested case is based, the member or employee may not participate in the conduct of the hearing nor take part in rendering the decision on the contested case. However, the member or employee may appear as a witness and give advice as to procedure. If, because of the disqualification, there is no person assigned to conduct the hearing or render the decision, the agency shall appoint a person to fulfill those duties. A person assigned to render a decision:(1)May communicate with other members of the agency; and(2)May have the aid and advice of one or more personal assistants. Source: SL 1966, ch 159, §13; SL 1974, ch 16, §9; SL 1975, ch 17, §10; SL 2015, ch 4, §2.
SD Codified L § 1-26-27 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-27 - License proceeding treated as contested case.

1-26-27. License proceeding treated as contested case.When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, or an applicant, a party or an agency requests a hearing, the provisions of this chapter concerning contested cases apply. Source: SL 1966, ch 159, §14 (1); SL 1973, ch 10.
SD Codified L § 1-26-28 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-28 - Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination.

1-26-28. Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination.If a licensee has made timely and sufficient application for renewal of a license or a new license with reference to any activity of a continuing nature, the existing license, or a right to continue the activity, does not expire until the application has been finally determined by the agency and for ten days following receipt, or failure to accept delivery, of notice of such determination by the licensee. Source: SL 1966, ch 159, §14 (2); SL 1988, ch 14, §1.
SD Codified L § 1-26-29 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-29 - Notice and hearing required for revocation or suspension of license--Emergency suspension.

1-26-29. Notice and hearing required for revocation or suspension of license--Emergency suspension.No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. Source: SL 1966, ch 159, §14 (3).
SD Codified L § 1-26-29.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-29.1 - Costs of disciplinary hearing.

1-26-29.1. Costs of disciplinary hearing.After conducting a contested case proceeding that results in discipline or censure of a licensee, suspension or revocation of a licensee's license, or denial of a license to an applicant, a professional or occupational board or commission established pursuant to Title 36 may assess all or part of its actual expenses for the proceeding against the licensee or applicant. Source: SL 1993, ch 18.
SD Codified L § 1-26-30 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-30 - Right to judicial review of contested cases--Preliminary agency actions.

1-26-30. Right to judicial review of contested cases--Preliminary agency actions.A person who has exhausted all administrative remedies available within any agency or a party who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter. If a rehearing is authorized by law or administrative rule, failure to request a rehearing will not be considered a failure to exhaust all administrative remedies and will not prevent an otherwise final decision from becoming final for purposes of such judicial review. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, or relief, when provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. Source: SL 1966, ch 159, §15 (1); SL 1972, ch 8, §26; SL 1977, ch 13, §12; SL 1978, ch 13, §9; SL 1978, ch 15.
SD Codified L § 1-26-30.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-30.1 - Right of appeal when agency fails to act in contested case.

1-26-30.1. Right of appeal when agency fails to act in contested case.The failure of any agency to make and file a decision within a period of thirty days after any matter has been finally submitted to it, entitles a person authorized to appeal from the record then existing as if the decision had been made adversely to him in whole or in part, unless within such time the agency shall make and serve upon all the parties to the record, an order extending such time for an additional period of not to exceed sixty days, which order shall state the grounds or reasons why such extension is necessary. At the expiration of the thirty days or the time to which extended by such order, such person may present to the agency a proposed decision, and if the same is not adopted within five days after presentation for filing, such person may appeal the same as if such proposed decision had been denied. This section does not apply to contested cases determined by the Public Utilities Commission. Source: SDC 1939 & Supp 1960, §33.4202; SDCL, §21-33-2; SL 1972, ch 8, §27; SL 1975, ch 17, §2; SL 1986, ch 27, §3.
SD Codified L § 1-26-30.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-30.2 - Appeal from final action in contested case.

1-26-30.2. Appeal from final action in contested case.An appeal shall be allowed in the circuit court to any party in a contested case from a final decision, ruling, or action of an agency. Source: SL 1975, ch 17, §1.
SD Codified L § 1-26-30.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-30.3 - Conduct of appeals.

1-26-30.3. Conduct of appeals.Notwithstanding any other provision of law, all appeals authorized by §1-26-30.1 or 1-26-30.2 shall be taken and conducted pursuant to the provisions of this chapter. Source: SL 1975, ch 17, §2.
SD Codified L § 1-26-30.4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-30.4 - Scope of sections on appeals to circuit courts.

1-26-30.4. Scope of sections on appeals to circuit courts.The sections of this chapter on appeals to circuit courts shall govern civil appeals to the circuit courts of South Dakota from final decisions, rulings, or actions of agencies pursuant to chapter 1-26. Source: Supreme Court Rule 82-35.
SD Codified L § 1-26-30.5 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-30.5 - Suspension of sections on appeals to circuit courts.

1-26-30.5. Suspension of sections on appeals to circuit courts.In the interest of expediting decisions in cases of pressing concern to the public or to litigants, or for good cause shown, the circuit court may suspend the requirement or provisions of these rules on application of a party or on its own motion and may order proceedings in accordance with its direction. Source: Supreme Court Rule 82-35.
SD Codified L § 1-26-31 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-31 - Notice of appeal--Time for service and filing.

1-26-31. Notice of appeal--Time for service and filing.An appeal shall be taken by serving a copy of a notice of appeal upon the adverse party, upon the agency, and upon the hearing examiner, if any, who rendered the decision, and by filing the original with proof of such service in the office of the clerk of courts of the county in which the venue of the appeal is set, within thirty days after the agency served notice of the final decision or, if a rehearing is authorized by law and is requested, within thirty days after notice has been served of the decision thereon. Failure to serve notice of the appeal upon the hearing examiner does not constitute a jurisdictional bar to the appeal. Source: SDC 1939 & Supp 1960, §33.4208; SL 1966, ch 159, §15(2); SDCL, §21-33-5; SL 1972, ch 8, §§28, 32; SL 1974, ch 16, §10; SL 1975, ch 17, §3; SL 1979, ch 8, §4; SL 1999, ch 7, §1; SL 2004, ch 23, §1.
SD Codified L § 1-26-31.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-31.1 - Venue of appeal.

1-26-31.1. Venue of appeal.The venue of the appeal is as follows:(1)If the appellant is a resident of this state, to the circuit court for the county of the appellant's residence or to the circuit court for Hughes County, as the appellant may elect;(2)If the appellant is a nonresident or a foreign corporation, to the circuit court for the county of appellant's principal place of business in South Dakota or to the circuit court for Hughes County as the appellant may elect; (3)The parties may stipulate for venue in any county in the state, and the circuit court for such county shall thereupon hear the appeal;(4)An appeal from a final decision, ruling, or action rendered by an administrative appeals process adopted by a home-rule municipality shall be appealed to the circuit court in which the home-rule municipality is located.Appeals from a single administrative action may not proceed in more than one county. If multiple appeals of a single action are filed in more than one county, the appeals shall be consolidated and heard in the county in which the appeal is first filed. If more than one appeal is first filed on the same date and a stipulation among the parties as to venue cannot be reached, the venue of the appeal is in the circuit court for Hughes County. Source: SDC 1939 & Supp 1960, §33.4207; SDCL §21-33-7; SL 1975, ch 17, §5; SL 1983, ch 8, §1; SL 2004, ch 24, §1; SL 2012, ch 7, §2.
SD Codified L § 1-26-31.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-31.2 - Contents of notice of appeal.

1-26-31.2. Contents of notice of appeal.The notice of appeal shall contain the names of the parties and the county to which the appeal is taken; it shall designate in plain and concise language the order or decision from which the appeal is taken; and it shall be dated and signed by the appellant or his attorney. Source: SDC 1939 & Supp 1960, §33.4209; SDCL, §21-33-6; SL 1975, ch 17, §4; SL 1977, ch 13, §13.
SD Codified L § 1-26-31.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-31.3 - Change of venue.

1-26-31.3. Change of venue.The circuit court to which the appeal is first taken may, upon good cause shown and upon such terms or provisions for expense as it may deem reasonable in favor of any party objecting, and on application and notice within thirty days after the appeal is taken, change the venue to the circuit court for any other county. Source: SDC 1939 & Supp 1960, §33.4207; SDCL, §21-33-8; SL 1975, ch 17, §6; SL 1999, ch 8, §1; SL 2000, ch 5, §1.
SD Codified L § 1-26-31.4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-31.4 - Contested cases--Statement of issues on appeal.

1-26-31.4. Contested cases--Statement of issues on appeal.Within ten days after the filing of the notice of appeal as required by §1-26-31, the appellant shall file with the clerk of the circuit court a statement of the issues the appellant intends to present on appeal and shall serve on the other parties a copy of that statement. If any other appellant wishes to raise additional issues on appeal, the other appellant shall file a statement of additional issues on appeal within ten days after service of the appellant's statement. Source: Supreme Court Rule 82-35; SL 2008, ch 280 (Supreme Court Rule 07-01), eff. Jan. 1, 2008; SL 2019, ch 4, §1.
SD Codified L § 1-26-32 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-32 - When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61.

1-26-32. When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61.Any agency decision in a contested case is effective ten days after the date of receipt or failure to accept delivery of the decision by the parties. An application to the circuit court for a stay of the agency's decision may be made only within ten days of the date of receipt or failure to accept delivery of the agency's decision. Upon receiving a timely application for a stay and notice of hearing thereon, the court may enter a temporary stay pending a hearing on the application. Following a hearing, the court may order a further stay, pending final decision of the court. The court, as a condition to granting a stay, may require the appellant to furnish a bond or other such security or order supervision as the court may direct to indemnify or protect the state or agency or any person from loss, damage, or costs which may occur during the stay. This section does not apply to determinations of benefits made by the Department of Labor and Regulation pursuant to Title 61. Source: SDC 1939 & Supp 1960, §33.4215; SL 1966, ch 159, §15 (3); SDCL §21-33-10; SL 1972, ch 8, §33; SL 1975, ch 17, §7; SL 1988, ch 14, §2; SL 1999, ch 7, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 1-26-32.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-32.1 - Procedural rules applied.

1-26-32.1. Procedural rules applied.The sections of Title 15 relating to practice and procedure in the circuit courts shall apply to procedure for taking and conducting appeals under this chapter so far as the same may be consistent and applicable, and unless a different provision is specifically made by this chapter or by the statute allowing such appeal. Source: SDC 1939 & Supp 1960, §33.4204; SDCL, §21-33-13; SL 1975, ch 17, §8.
SD Codified L § 1-26-32.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-32.2 - Request for transcript--Waiver by failure to request.

1-26-32.2. Request for transcript--Waiver by failure to request.Within ten days after the filing of the notice of appeal, the appellant shall order from the agency or reporter, if present, a written transcript of the proceedings or such parts thereof as he deems necessary of the contested case hearing. The order shall be in writing and a copy thereof shall be served on all parties to the action and a copy shall be filed with the clerk of the circuit court. Failure to order a transcript within the ten-day period shall constitute a waiver of the right to such a transcript.If the appellee deems a transcript of other parts of the proceedings necessary, he shall, within ten days after the service of the appellant's request or statement of issues, file with the clerk of the circuit court and serve upon the appellant a request for a transcript of additional parts to be included in the transcript of the contested case hearing. Failure to order such additional parts of the transcript shall constitute a waiver of the right to such additional parts of the transcript. Source: Supreme Court Rule 82-35; Supreme Court Rule 89-1A.
SD Codified L § 1-26-32.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-32.3 - Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.

1-26-32.3. Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.At the time of ordering a transcript of the contested case hearing a party, other than an agency, must make satisfactory arrangements with the agency or reporter, if present, for the payment of the costs of the transcript and all necessary copies. The agency or reporter shall acknowledge at the foot of the order receipt of the request for the transcript and transmit the order to the clerk of the circuit court. If the transcript cannot be completed within thirty days, the agency or reporter shall request an extension of time from the circuit court judge assigned to the appeal and the action of the circuit court judge shall be entered on the record and the parties notified. Source: Supreme Court Rule 82-35; Supreme Court Rule 89-2.
SD Codified L § 1-26-32.4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-32.4 - Form of transcript--Number of copies--Certification.

1-26-32.4. Form of transcript--Number of copies--Certification.The original transcript of the contested case hearing will be filed with the clerk of the circuit court and copies transmitted to the attorney for each party to the appeal separately represented and directly to any parties not represented. The agency will make duplicate copies of items specified in §1-26-21 that are requested and shall transmit copies to the attorney for each party to the appeal separately represented and directly to any parties not represented. In the event that more than three copies of the transcript and other items as specified in §1-26-21 are necessary to comply with the foregoing requirement, the appellant may make application, upon notice, to the circuit court for an order determining the number of copies to be served and the time of use by the parties. Copies of the transcript and items specified in §1-26-21 may be reproduced by any duplicating or copying process which produces a clear black image on white paper, if a typewritten transcript is prepared. The reporter or agency shall certify the correctness of the original and all copies of the transcript. The agency or reporter shall notify the clerk of the circuit court in writing that the original transcript has been filed and copies transmitted. Source: Supreme Court Rule 82-35; Supreme Court Rule 89-3.