reglab/housing_qa huggingface dataset:
SD Codified L § 1-26-33 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-33 - Record transmitted to circuit court--Limitation of record--Corrections and additions.

1-26-33. Record transmitted to circuit court--Limitation of record--Corrections and additions.Within thirty days after the service of the notice of appeal, or within further time allowed by the court, the agency shall transmit to the reviewing court the electronic copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.It shall be the duty of the agency to assemble and consecutively number the pages of all documents, papers, and exhibits filed with the agency, including any opinions and decisions which the agency may have filed or authorized for filing. The agency shall then prepare and attach an alphabetical and chronological index to the electronic record and shall serve a copy of such index on all parties to the review proceedings at the time the record is submitted to the reviewing court. If any portions of the record are not legible or are altered when converted to an electronic image they must be provided in hardcopy format. Source: SL 1966, ch 159, §15 (4); SL 1977, ch 13, §14; SL 1987, ch 396 (Supreme Court Rule 86-36); SL 2018, ch 293 (Supreme Court Rule 18-02), eff. July 1, 2018.
SD Codified L § 1-26-33.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-33.2 - Time for serving briefs.

1-26-33.2. Time for serving briefs.Unless otherwise ordered by the circuit court, the appellant shall serve a brief within thirty days after the delivery of the transcript of the contested case hearing to counsel for the parties or to the parties if unrepresented by counsel or within thirty days after the agency record is transmitted to the circuit court pursuant to §1-26-33, whichever event occurs later. The appellee shall serve a brief within thirty days after the service of the brief of appellant, or in the case of multiple appellants, within thirty days after service of the last appellant's brief. The appellant may serve a reply brief within ten days after service of appellee's brief, or in the case of multiple appellees, within ten days after service of the last appellee's brief. Pursuant to §15-6-5(d), briefs may not be made a part of the record. Source: Supreme Court Rule 82-35; Supreme Court Rule 89-4; SL 1999, ch 7, §3.
SD Codified L § 1-26-33.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-33.3 - Brief of appellant--Contents.

1-26-33.3. Brief of appellant--Contents.The brief of the appellant shall contain under appropriate headings in the order here indicated:(1)A jurisdictional statement setting forth the date and the form of the agency decision, ruling or action sought to be reviewed and the date when the notice of appeal was filed with the circuit court.(2)A concise statement of the legal issue or issues involved omitting unnecessary detail. Each issue shall be stated as an appellate court would state the broad issue presented. Each issue shall be followed by concise statement of how the agency decided it. Any issue not presented in the brief is deemed waived.(3)A statement of the case and facts. A statement of the case shall first be presented identifying the agency and indicating briefly the nature of the case and its disposition by the agency. There shall follow a statement of facts relevant to the grounds urged for reversal, modification or other relief.(4)An argument. The argument shall contain the contentions of the party with respect to the issues presented, the reasons therefor, and the citations to the authorities relied on. Each issue shall be separately presented. Needless repetition shall be avoided.(5)A short conclusion stating the precise relief sought.(6)Appendix, if any. Such appendix may include the decision, ruling, or action in question and any regulations or any relevant parts to which the parties wish to direct the particular attention of the circuit court.(7)Request for oral argument, if desired. Source: Supreme Court Rule 82-35.
SD Codified L § 1-26-33.4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-33.4 - Brief of appellee--Contents.

1-26-33.4. Brief of appellee--Contents.The brief of the appellee shall conform to the same requirements as the brief of the appellant, except that the jurisdictional statement, statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statements made by the appellant. If a notice of review is filed, the appellee's brief shall contain the issues specified in the notice of review and the argument thereon as well as the answer to the brief of the appellant. Source: Supreme Court Rule 82-35.
SD Codified L § 1-26-33.6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-33.6 - Speedy hearing and determination.

1-26-33.6. Speedy hearing and determination.Upon the filing of the record and other papers in the office of the clerk of the circuit court, it shall be the duty of such court when its attention is called to the matter by the parties, or one of them, immediately to fix a date for hearing, and said cause shall be speedily heard and determined. Source: SDC 1939 & Supp 1960, §33.4212; SDCL, §21-33-15; SL 1972, ch 8, §34; SDCL Supp 1-26-33.1; SL 1975, ch 17, §9.
SD Codified L § 1-26-34 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-34 - Circuit court may order agency to take additional evidence.

1-26-34. Circuit court may order agency to take additional evidence.If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. Source: SL 1966, ch 159, §15(5); SL 1987, ch 29, §62.
SD Codified L § 1-26-35 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-35 - Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary.

1-26-35. Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary.The review shall be conducted by the court without a jury and shall be confined to the record. A trial de novo may not be granted unless otherwise authorized by law, but in cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, may hear oral argument. Source: SL 1966, ch 159, §15 (6); SL 1977, ch 13, §15; SL 1978, ch 16; SL 1996, ch 158, §45.
SD Codified L § 1-26-36 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-36 - Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs.

1-26-36. Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs.The court shall give great weight to the findings made and inferences drawn by an agency on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:(1)In violation of constitutional or statutory provisions;(2)In excess of the statutory authority of the agency;(3)Made upon unlawful procedure;(4)Affected by other error of law;(5)Clearly erroneous in light of the entire evidence in the record; or(6)Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.A court shall enter its own findings of fact and conclusions of law or may affirm the findings and conclusions entered by the agency as part of its judgment. The circuit court may award costs in the amount and manner specified in chapter 15-17. Source: SL 1966, ch 159, §15 (7); SL 1972, ch 8, §29; SL 1977, ch 13, §16; SL 1978, ch 13, §10; SL 1978, ch 17; SL 1983, ch 6, §2.
SD Codified L § 1-26-36.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-36.1 - Appellee's right to obtain review.

1-26-36.1. Appellee's right to obtain review.An appellee may obtain review of a final decision, ruling, or action of any agency which may adversely affect the appellee by filing a notice of review with the clerk of the circuit court within twenty days after service of the notice of appeal. If a statement of additional issues on appeal is filed pursuant to §1-26-31.4, the notice of review required by this section must be filed within twenty days after the latest statement of additional issues on appeal is filed. The clerk of the circuit court shall not accept for filing such notice of review unless accompanied by proof of service of such notice on all other parties. The notice of review shall specify the decision, ruling, or action of the agency to be reviewed. Source: Supreme Court Rule 82-35; SL 2019, ch 4, §2.
SD Codified L § 1-26-37 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-37 - Appeal to Supreme Court.

1-26-37. Appeal to Supreme Court.An aggrieved party or the agency may obtain a review of any final judgment of the circuit court under this chapter by appeal to the Supreme Court. The appeal shall be taken as in other civil cases. The Supreme Court shall give the same deference to the findings of fact, conclusions of law, and final judgment of the circuit court as it does to other appeals from the circuit court. Such appeal may not be considered de novo. Source: SL 1966, ch 159, §16; SL 1972, ch 8, §30; SL 1983, ch 6, §1.
SD Codified L § 1-26-38 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-38 - Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.

1-26-38. Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall:(1)Give the agency which promulgated the rule at least two weeks notice of a hearing on the proposed suspension;(2)Hold a hearing, which may be in conjunction with a regular committee meeting. At the hearing, the burden of proof that the rule is necessary and does not violate any constitutional or statutory provision or the legislative intent when authority to promulgate the rule was given, is on the agency;(3)File an appropriate resolution of such action with the secretary of state.The suspension is effective from the date of such filing. A suspended rule shall remain suspended until July first of the year following the year in which it became, or would have become, effective, and may not be enforced during that period. Source: SL 1966, ch 159, §17; repealed SL 1972, ch 8, §36; re-enacted SL 1975, ch 19; SL 1978, ch 13, §11; SL 2003, ch 17, §3.
SD Codified L § 1-26-38.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-38.1 - Amendment as provisional--Subject to suspension--Effect.

1-26-38.1. Amendment as provisional--Subject to suspension--Effect.If an agency amends an existing rule, the amendment becomes provisionally effective and subject to §1-26-38. The effect of suspending a provisionally effective amendment is to return the rule to its form prior to the amendment. Source: SL 1980, ch 18.
SD Codified L § 1-26-40 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-40 - Severability of provisions.

1-26-40. Severability of provisions.If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and for this purpose the provisions of this chapter are severable. Source: SL 1966, ch 159, §18.
SD Codified L § 1-26-41 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-41 - Citation of chapter.

1-26-41. Citation of chapter.This chapter may be cited as the South Dakota Administrative Procedures Act. Source: SL 1977, ch 13, §17.
SD Codified L § 1-26A-1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26A - Publication Of Administrative Rules|Section 1-26A-1 - Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.

1-26A-1. Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.The Legislative Research Council shall publish from time to time, the Administrative Rules of South Dakota, which shall contain permanent rules of general application promulgated pursuant to chapter 1-26. In preparing the text of the rules for publication, the Legislative Research Council shall make such changes as may be necessary to correct apparent errors, to correlate and integrate all the rules, to harmonize, to assign a new title and other designation, and to eliminate or clarify obviously obsolete or ambiguous rules and rules declared invalid by the South Dakota Supreme Court or the United States Supreme Court. The Legislative Research Council may substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so. The publication may also contain information concerning executive orders, agreements made pursuant to chapter 1-24, agreements and changes made pursuant to chapter 1-32, and court rules, of permanent and general application which are not otherwise generally available to the public. The Legislative Research Council shall also publish at periodic intervals, the South Dakota Register which shall contain notices of hearings on proposed rules at least ten days prior to hearing, notices of rules filed in the secretary of state's office and other information relating to agency and judicial rules and executive actions.The Legislative Research Council shall prepare the manuscripts for the rules and the register and supervise their publication. Source: SDC 1939, §65.0106; SL 1966, ch 159, §5 (1); SDCL §1-26-9; SL 1972, ch 8, §14; SL 1974, ch 16, §8; SL 1975, ch 16, §22; SL 1984, ch 9, §2; SL 1989, ch 16, §§13, 15; SL 2012, ch 8, §1.
SD Codified L § 1-26A-2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26A - Publication Of Administrative Rules|Section 1-26A-2 - Official rules of all executive agencies.

1-26A-2. Official rules of all executive agencies.The compilation of rules known as the Administrative Rules of South Dakota, prepared by the Legislative Research Council under the authority of §1-26A-1 and filed with the secretary of state, exclusive of its analyses and notes, are the official rules of all state executive agencies. Source: SL 1975, ch 16, §1; SL 1981, ch 9, §1; SL 1982, ch 28, §1; SL 2012, ch 8, §2.
SD Codified L § 1-26A-3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26A - Publication Of Administrative Rules|Section 1-26A-3 - Time limit for challenging rule on procedural grounds.

1-26A-3. Time limit for challenging rule on procedural grounds.Within one year of the effective date of a rule, an action or proceeding may be brought to contest the legality of any rule for the failure of the agency to comply with the procedural requirements of chapter 1-26. However, this section does not restrict a person's right to initiate an action or proceeding to challenge the legality of the substance of any rule. Source: SL 1975, ch 16, §2; SL 2012, ch 8, §3.
SD Codified L § 1-26A-6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26A - Publication Of Administrative Rules|Section 1-26A-6 - Secretary of state to keep copy of rules--Certified copies.

1-26A-6. Secretary of state to keep copy of rules--Certified copies.The secretary of state shall keep a copy of the administrative rules published pursuant to §§1-26A-1 and 1-26A-2, from which to make certified copies. Source: SL 1975, ch 16, §5; SL 1981, ch 9, §3; SL 2012, ch 8, §4.
SD Codified L § 1-26A-7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26A - Publication Of Administrative Rules|Section 1-26A-7 - Citation of rules.

1-26A-7. Citation of rules.The Administrative Rules of South Dakota as amended, printed, and published pursuant to law, shall be known as the Administrative Rules of South Dakota, and shall be cited as "(year of publication) ARSD" followed by the appropriate number of the title, article, chapter, or section. Source: SL 1975, ch 16, §6; SL 2012, ch 8, §5.
SD Codified L § 1-26A-8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26A - Publication Of Administrative Rules|Section 1-26A-8 - Distribution of publications to agencies, officials, and others.

1-26A-8. Distribution of publications to agencies, officials, and others.Publications authorized under this chapter shall upon request be distributed by the Bureau of Administration to state agencies and elected state officials of this state free of charge and to other persons at prices fixed by the director to cover mailing and publication costs. Source: SL 1976, ch 17, §1; SL 1977, ch 24, §1; SL 1991, ch 24, §2.
SD Codified L § 1-26A-9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26A - Publication Of Administrative Rules|Section 1-26A-9 - References to Administrative Rules.

1-26A-9. References to Administrative Rules.Any reference to the Administrative Rules of South Dakota in the South Dakota Codified Laws or in the Administrative Rules of South Dakota shall be construed to be a reference to the administrative rules published pursuant to §1-26A-2. Source: SL 1981, ch 9, §4; SL 2012, ch 8, §6.
SD Codified L § 1-26A-10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26A - Publication Of Administrative Rules|Section 1-26A-10 - Definitions applicable to rules.

1-26A-10. Definitions applicable to rules.The definitions in §2-14-2 also apply to the Administrative Rules of South Dakota, unless the context of the defined word plainly requires a different meaning. Source: SL 1983, ch 13, §4.
SD Codified L § 1-26B-1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-1 - Definition of terms.

1-26B-1. Definition of terms.Terms as used in this chapter mean:(1)"Agency," all divisions, offices, bureaus, commissions, councils, and boards, or like government units or subunits of the departments;(2)"Committee," the Interim Rules Review Committee;(3)"Termination," abolishment of the rules of any agency or the act of causing their existence to cease. Source: SL 1978, ch 18, §1; SL 1989, ch 18, §1.
SD Codified L § 1-26B-2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-2 - Designation of agency for review and evaluation of rules and rule-making authority.

1-26B-2. Designation of agency for review and evaluation of rules and rule-making authority.The Interim Rules Review Committee may, with the approval of the Executive Board of the Legislative Research Council, designate any agency for a comprehensive review and evaluation of the agency's rules and rule-making authority pursuant to the provisions of this chapter and such other conditions as the board may provide. Source: SL 1978, ch 18, §2; SL 1985, ch 14, §1; SL 1989, ch 18, §2.
SD Codified L § 1-26B-4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-4 - Submission of proposed revisions to interim committee--Areas in which authority necessary--Notice before review begins.

1-26B-4. Submission of proposed revisions to interim committee--Areas in which authority necessary--Notice before review begins.Each agency designated by the committee shall deliver to the members of the interim committee a proposed revision of all its rules, with an overview of changes proposed, at a date specified by the committee. Further, such agency shall designate the specific areas in which rule-making authority is necessary. The committee shall give at least ninety days notice to an agency before a review may begin. Source: SL 1978, ch 18, §4; SL 1979, ch 9, §1; SL 1989, ch 18, §4.
SD Codified L § 1-26B-5 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-5 - Hearings during sunset procedure.

1-26B-5. Hearings during sunset procedure.The committee may hold public hearings and receive testimony from the public and all interested parties during any sunset procedure. Source: SL 1978, ch 18, §5; SL 1989, ch 18, §5.
SD Codified L § 1-26B-6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26B - Termination And Legislative Review Of Administrative Rules|Section 1-26B-6 - Burden of proof as to agency proposals--Information furnished by agencies.

1-26B-6. Burden of proof as to agency proposals--Information furnished by agencies.All agencies shall have the burden of establishing that sufficient public need is present which justifies the continued existence of their proposed revision of their rules. All agencies shall provide the committee with the following information:(1)The identity of all agencies under the direct or advisory control of the agency under review, together with their proposed revision of their rules;(2)All functions performed by the rules of the agency under review;(3)All duplicatory functions of the rules of the agency under review;(4)Any other information which a committee determines necessary and proper in carrying out their review and evaluative duties. Source: SL 1978, ch 18, §6; SL 1989, ch 18, §6.