reglab/housing_qa huggingface dataset:
SD Codified L § 1-26B-7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-7 - Factors considered by committees in reviewing agency rules.

1-26B-7. Factors considered by committees in reviewing agency rules.To determine the existence of a sufficient public need for continuance of an agency's rules, the committee shall take into consideration the following factors concerning the rules of the agency under review and evaluation:(1)The extent to which any information required to be furnished to the committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from such information is adverse to the legislative intent inherent in the powers, duties, and functions as established in the rule-making authority of the agency, or is inconsistent with present or projected public demands or needs;(2)The extent to which operation has been efficient and responsive to the public needs;(3)The extent to which it has been encouraged that persons regulated report to the agency concerning the impact of rules and decisions regarding improved services, economy of service, or availability of service to the public;(4)The extent to which the public has been encouraged to participate in rule- and decision-making as opposed to participation solely by persons regulated;(5)Any other relevant criteria which the committee deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the rules and regulations of the agency. Source: SL 1978, ch 18, §7; SL 1989, ch 18, §7.
SD Codified L § 1-26B-8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-8 - Information furnished by Department of Legislative Audit.

1-26B-8. Information furnished by Department of Legislative Audit.The Department of Legislative Audit shall furnish, upon request of the committee, any relevant information including the reports of audits of any agency under review. Source: SL 1978, ch 18, §8; SL 1989, ch 18, §8.
SD Codified L § 1-26B-9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-9 - Committee reports.

1-26B-9. Committee reports.The committee shall submit reports recommending either the continuation, revision, or termination of the rules of each agency reviewed to the Executive Board of the Legislative Research Council. Source: SL 1978, ch 18, §9; SL 1989, ch 18, §9.
SD Codified L § 1-26B-10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-10 - Bills containing committee recommendations as to rules changes--Bills defining authority.

1-26B-10. Bills containing committee recommendations as to rules changes--Bills defining authority.The committee shall submit its recommendations concerning those that it believes should be continued to the Legislature in one or more bills so that the Legislature may vote to either reestablish, amend or terminate the rules of the agency under review and evaluation. If it is determined that the rule-making authority of the agency should be reestablished, the committee shall submit one or more bills defining the rule-making authority of the agency under review and evaluation. Source: SL 1978, ch 18, §10; SL 1979, ch 9, §2; SL 1989, ch 18, §10.
SD Codified L § 1-26B-12 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-12 - Pending causes of action unaffected by termination of rules.

1-26B-12. Pending causes of action unaffected by termination of rules.This chapter does not affect the right to institute or prosecute any cause of action by or against an agency if the cause of action accrued prior to the termination date of the rules of the agency. Any causes of action pending on the date that the rules of an agency are terminated, or instituted thereafter, shall be prosecuted or defended in the name of the state by the attorney general. Source: SL 1978, ch 18, §12; SL 1989, ch 18, §11.
SD Codified L § 1-26D-1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-1 - Creation of Office of Hearing Examiners.

1-26D-1. Creation of Office of Hearing Examiners.The State Office of Hearing Examiners is hereby created and is attached to the Bureau of Administration for reporting and budgetary purposes. The office shall conduct hearings with the greatest degree of informality consistent with fairness and the nature of the proceeding before it. In those instances where a more formal proceeding is required, the hearing examiner may apply hearing procedures as set forth in the South Dakota Rules of Civil Procedure chapter 15-6. Source: SL 1995, ch 8, §2
SD Codified L § 1-26D-2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-2 - Appointment of chief hearing examiner.

1-26D-2. Appointment of chief hearing examiner.The Governor shall appoint a chief hearing examiner. The person appointed shall, as a condition of appointment, be admitted to practice law in the State of South Dakota. Source: SL 1995, ch 8, §3
SD Codified L § 1-26D-3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-3 - Appointment of hearing examiners.

1-26D-3. Appointment of hearing examiners.The chief hearing examiner may appoint such other hearing examiners and other staff as are necessary to carry out the provisions of this chapter and may contract with qualified persons to serve as hearing examiners for specific cases. Source: SL 1995, ch 8, §4
SD Codified L § 1-26D-4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-4 - Powers of hearing examiners.

1-26D-4. Powers of hearing examiners.Hearing examiners have all powers delineated in §§1-26-19.1 and 1-26-19.2 and shall hear all contested cases that arise under Titles 10 and 58 and chapter 1-27. Source: SL 1995, ch 8, §5; SL 2008, ch 14, §1.
SD Codified L § 1-26D-5 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-5 - Adoption of rules for operation and procedure--Specific rules for Digital Dakota Network.

1-26D-5. Adoption of rules for operation and procedure--Specific rules for Digital Dakota Network.The chief hearing examiner shall adopt rules pursuant to chapter 1-26 for the operation of the Office of Hearing Examiners and for the procedures to be used with regard to hearing contested cases and may specifically adopt rules pertaining to the use of the Digital Dakota Network. Source: SL 1995, ch 8, §6; SL 2005, ch 16, §2.
SD Codified L § 1-26D-6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-6 - Proposed findings, conclusions, and decision--Agency action--Appeal.

1-26D-6. Proposed findings, conclusions, and decision--Agency action--Appeal.The hearing examiner, after hearing the evidence in the matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The agency may accept, reject, or modify those findings, conclusions, and decisions, and an appeal may be taken therefrom pursuant to chapter 1-26. Source: SL 1995, ch 8, §7
SD Codified L § 1-26D-7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-7 - Rules on finality of decision--Notice.

1-26D-7. Rules on finality of decision--Notice.An agency may provide by rule that proposed decisions in all or in specified classes of cases before that agency, or by order in individual cases, will become final without further agency action unless, within a specified time, the agency determines that the proposed decision should be reviewed or a party to the proceeding files a petition for administrative review of the proposed order. Upon occurrence of either event, notice shall be given to all parties to the proceeding. Source: SL 1995, ch 8, §9A
SD Codified L § 1-26D-8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-8 - Review of proposed findings or decision--Written reasons for rejecting or modifying findings or decision.

1-26D-8. Review of proposed findings or decision--Written reasons for rejecting or modifying findings or decision.The reviewing agency shall personally consider the whole record or such portions of it as may be cited by the parties. If the reviewing agency rejects or modifies proposed findings or a proposed decision, it shall give reasons for doing so in writing. In reviewing proposed findings of fact entered by the presiding hearing examiner, the reviewing agency shall give due regard to the hearing examiner's opportunity to observe the witnesses. Source: SL 1995, ch 8, §9B
SD Codified L § 1-26D-9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-9 - Final decision--Remand.

1-26D-9. Final decision--Remand.The reviewing agency shall enter a final decision disposing of the proceeding or shall remand the matter for further proceedings with instructions to the hearing examiner who entered the initial decision. Upon remanding a matter, the reviewing agency may order such temporary relief as is authorized and appropriate. A final decision shall include, or incorporate by reference to the initial decision, all matters required by §1-26-25. Source: SL 1995, ch 8, §10
SD Codified L § 1-26D-10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-10 - Request for appointment of another hearing examiner in contested cases.

1-26D-10. Request for appointment of another hearing examiner in contested cases.Within ten days after written notification to the parties of the appointment of a hearing examiner in any contested case, any party to that contested case may file an affidavit requesting the appointment of another hearing examiner. The chief hearing examiner shall then appoint another hearing examiner to hear that contested case. Each party may file only one such affidavit in any contested case. Source: SL 1995, ch 8, §11; SL 1999, ch 9, §1; SL 2003, ch 18, §2
SD Codified L § 1-26D-11 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-11 - Contract with agencies for hearings on case-by-case basis--Power of hearing examiner--Billing for services rendered.

1-26D-11. Contract with agencies for hearings on case-by-case basis--Power of hearing examiner--Billing for services rendered.Any agency not covered by this chapter may contract with the Office of Hearing Examiners or any other person to conduct hearings on a case-by-case basis and the power to contract with the office is specifically granted. At the option of the contracting agency, the hearing examiner may exercise the powers granted in chapter 1-26 and in §1-26D-6, or the hearing examiner may be hired and have the limited power to conduct the contested case, rule on procedural, evidentiary, and other motions raised by the parties, and provide legal assistance to the contracting agency. The Office of Hearing Examiners may bill the contracting agency for services rendered pursuant to such contracts. Source: SL 1995, ch 8, §12
SD Codified L § 1-26D-12 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26D - Office Of Hearing Examiners|Section 1-26D-12 - Validity of prior rules, actions, decisions or proceedings unaffected

1-26D-12. Validity of prior rules, actions, decisions or proceedings unaffected.The creation of the Office of Hearing Examiners does not affect the validity of any rule, action, decision, or proceedings held or promulgated by any agency before July 1, 1995. Source: SL 1995, ch 8, §16
SD Codified L § 1-27-1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1 - Public records open to inspection and copying.

1-27-1. Public records open to inspection and copying.Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in §1-27-1.1, are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official. Source: SDC 1939, §48.0701; SL 1977, ch 16, §2; SL 1982, ch 30, §1; SL 1987, ch 24; SL 1991, ch 13; SL 1992, ch 10; SL 1994, ch 21; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2004, ch 17, §2; SL 2009, ch 10, §1.
SD Codified L § 1-27-1.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.1 - Public records defined.

1-27-1.1. Public records defined.Unless any other statute, ordinance, or rule expressly provides that particular information or records may not be made public, public records include all records and documents, regardless of physical form, of or belonging to this state, any county, municipality, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing. Data which is a public record in its original form remains a public record when maintained in any other form. For the purposes of §§1-27-1 to 1-27-1.15, inclusive, a tax-supported district includes any business improvement district created pursuant to chapter 9-55. Source: SL 2009, ch 10, §2.
SD Codified L § 1-27-1.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.2 - Fees for specialized service.

1-27-1.2. Fees for specialized service.If a custodian of a public record of a county, municipality, political subdivision, or tax-supported district provides to a member of the public, upon request, a copy of the public record, a reasonable fee may be charged for any specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This section does not require a governmental entity to acquire computer capability to generate public records in a new or different form if that new form would require additional computer equipment or software not already possessed by the governmental entity.No fee may be charged for the electronic transfer of any minutes of open meeting actions of a political subdivision, board or agency of a political subdivision, or the governing board of an agency that levies property taxes that were recorded in the last three years. Source: SL 2009, ch 10, §3; SL 2012, ch 10, §1.
SD Codified L § 1-27-1.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.3 - Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt.

1-27-1.3. Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt.The provisions of §§1-27-1 to 1-27-1.15, inclusive, and 1-27-4 shall be liberally construed whenever any state, county, or political subdivision fiscal records, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, cash, or expenditure involving public funds is involved in order that the citizens of this state shall have the full right to know of and have full access to information on the public finances of the government and the public bodies and entities created to serve them. Use of funds as needed for criminal investigatory/confidential informant purposes is not subject to this section, but any budgetary information summarizing total sums used for such purposes is public. Records which, if disclosed, would impair present or pending contract awards or collective bargaining negotiations are exempt from disclosure. Source: SL 2009, ch 10, §4.
SD Codified L § 1-27-1.4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.4 - Denial letters to be kept on file.

1-27-1.4. Denial letters to be kept on file.Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request. Source: SL 2009, ch 10, §5.
SD Codified L § 1-27-1.6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.6 - Certain financial, commercial, and proprietary information exempt from disclosure.

1-27-1.6. Certain financial, commercial, and proprietary information exempt from disclosure.The following financial, commercial, and proprietary information is specifically exempt from disclosure pursuant to §§1-27-1 to 1-27-1.15, inclusive:(1)Valuable formulae, designs, drawings, computer source code or object code, and research data invented, discovered, authored, developed, or obtained by any agency if disclosure would produce private gain or public loss;(2)Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal;(3)Financial and commercial information and records supplied by private persons pertaining to export services;(4)Financial and commercial information and records supplied by businesses or individuals as part of an application for loans or program services or application for economic development loans or program services;(5)Financial and commercial information, including related legal assistance and advice, supplied to or developed by the state investment council or the division of investment if the information relates to investment strategies or research, potential investments, or existing investments of public funds;(6)Proprietary data, trade secrets, or other information that relates to:(a)A vendor's unique methods of conducting business;(b)Data unique to the product or services of the vendor; or(c)Determining prices or rates to be charged for services, submitted by any vendor to any public body;(7)Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing;(8)Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to any public body. Source: SL 2009, ch 10, §7.
SD Codified L § 1-27-1.7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.7 - Certain drafts, notes, and memoranda exempt from disclosure.

1-27-1.7. Certain drafts, notes, and memoranda exempt from disclosure.Drafts, notes, recommendations, and memoranda in which opinions are expressed or policies formulated or recommended are exempt from disclosure pursuant to §§1-27-1 to 1-27-1.15, inclusive. Source: SL 2009, ch 10, §8.
SD Codified L § 1-27-1.8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.8 - Certain records relevant to court actions exempt from disclosure.

1-27-1.8. Certain records relevant to court actions exempt from disclosure.Any record that is relevant to a controversy to which a public body is a party but which record would not be available to another party under the rules of pretrial discovery for causes pending in circuit court are exempt from disclosure pursuant to §§1-27-1 to 1-27-1.15, inclusive. Source: SL 2009, ch 10, §9.
SD Codified L § 1-27-1.9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.9 - Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.

1-27-1.9. Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.No elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official duties. Any document that is otherwise already public is not made confidential by reason of having been used in deliberations. Source: SL 2009, ch 10, §14; SL 2013, ch 11, §1.
SD Codified L § 1-27-1.10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.10 - Redaction of certain information.

1-27-1.10. Redaction of certain information.In response to any request pursuant to §1-27-36 or 1-27-37, a public record officer may redact any portion of a document which contains information precluded from public disclosure by §1-27-3 or which would unreasonably invade personal privacy, threaten public safety and security, disclose proprietary information, or disrupt normal government operations. A redaction under this section is considered a partial denial for the application of §1-27-37. Source: SL 2009, ch 10, §15.
SD Codified L § 1-27-1.11 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 27 - Public Records And Files|Section 1-27-1.11 - Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor.

1-27-1.11. Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor.Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26.Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor. Source: SL 2009, ch 10, §16.