reglab/housing_qa huggingface dataset:
SD Codified L § 1-26-2.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-2.3 - Housing cost impact statement--Content.

1-26-2.3.  Housing cost impact statement--Content. Before an agency may promulgate any rule prescribing new standards or requirements for building or remodeling a residential structure that is based on a model code developed by a national or international organization of trade professionals, including standards for electrical, plumbing or mechanical systems, energy conservation, or fire prevention, the agency shall prepare a housing cost impact statement setting forth the need for each new standard or requirement and the estimated cost, per dwelling unit, of compliance. To determine the estimated cost of compliance, the agency shall obtain from three licensed contractors, or other applicable building trades professionals operating in this state an estimate of the total cost to consumer of all materials, labor and taxes necessary to comply with the proposed new standard or requirement. The agency shall use the average of these estimates in preparing the impact statement. For purposes of this section, residential structure, means any one-family dwelling, two-family dwelling, or townhouse not more than three stories above grade. Source: SL 2021, ch 10, § 1.
SD Codified L § 1-26-4.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.1 - Notice of hearing on proposed rule--Contents--Publication--Mailing.

1-26-4.1. Notice of hearing on proposed rule--Contents--Publication--Mailing.The notice of a public hearing of an agency's intent to adopt, amend, or repeal a rule shall be published in a manner selected to notify persons likely to be affected by the proposed rule. At a minimum the notice of the public hearing shall be published in at least three newspapers of general circulation in different parts of the state. The provisions of chapter 17-2 do not apply to notices required by this section.The notice of a public hearing or the notice of intent to adopt an emergency rule shall be mailed to each person who has made a timely request of the agency for advance notice of its rule-making proceedings.A notice of hearing or a notice of intent to adopt emergency rules shall contain a narrative description of the effect of the proposed rule and the reasons for adopting the proposed rule. A notice of hearing shall also state where and when the hearing will be held, how amendments, data, opinions, and arguments may be presented, the deadline to submit written comments, and how the public may obtain copies of the proposed rule. Source: SL 1972, ch 8, §6; SL 1975, ch 16, §13; SL 1976, ch 15, §2; SL 1977, ch 13, §5; SL 1978, ch 13, §2; SL 1984, ch 9, §1; SL 1986, ch 20, §2; SL 2009, ch 9, §3; SL 2017, ch 7, §3.
SD Codified L § 1-26-4.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.2 - Fiscal note submitted with proposed rule--Fiscal note of bureau--Transmitting copies.

1-26-4.2. Fiscal note submitted with proposed rule--Fiscal note of bureau--Transmitting copies.An agency shall, when submitting any proposed rule except an emergency rule, include a fiscal note. The fiscal note shall state what effect, if any, the proposed rule will have on the revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions. The fiscal note shall include an explanation of how such effect, if any, was computed.The Bureau of Finance and Management shall prepare its own fiscal note and serve it on the agency, the director and the cochairmen of the Joint Appropriations Committee prior to hearing. If a proposed rule has a negative fiscal impact on a political subdivision, the agency shall direct the bureau to transmit a copy of the bureau's fiscal note to the South Dakota Municipal League, the Associated School Boards of South Dakota, and the South Dakota County Commissioners Association, prior to the hearing. Source: SL 1975, ch 15; SL 1976, ch 15, §3; SL 1977, ch 15; SL 1983, ch 5, §1; SL 1989, ch 16, §4.
SD Codified L § 1-26-4.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.3 - Rule review by Interim Rules Review Committee before filing--Time limits.

1-26-4.3. Rule review by Interim Rules Review Committee before filing--Time limits.No permanent rule may be filed with the secretary of state without the review of the rule by the Interim Rules Review Committee. No permanent rule may be filed with the secretary of state if more than sixty days have passed from the date the Interim Rules Review Committee adopts a motion that the rule-making process is complete. No emergency rule may be adopted if more than thirty days have passed from the date the notice of intent to adopt an emergency rule was published in the manner prescribed in §1-26-4.1. Source: SL 1975, ch 16, §14; SL 1987, ch 23; SL 1989, ch 16, §5; SL 1991, ch 12; SL 1996, ch 11, §2; SL 2000, ch 4, §1; SL 2016, ch 12, §1.
SD Codified L § 1-26-4.4 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.4 - Time for promulgation of rules after passage of legislative authority.

1-26-4.4. Time for promulgation of rules after passage of legislative authority.If an act of the Legislature, which becomes effective on the date set by §2-14-16, contains an authorization for an agency to promulgate rules, the agency may perform the acts specified in §1-26-4 or 1-26-5 any time after the Governor has signed the act containing the authorization to promulgate rules. However, the rules do not become effective until the act authorizing the agency to promulgate rules is effective. Source: SL 1977, ch 13, §4; SL 1986, ch 20, §4; SL 1989, ch 17.
SD Codified L § 1-26-4.5 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.5 - Validation of prior notices of hearings--Limitation on enforcement of vested rights affected.

1-26-4.5. Validation of prior notices of hearings--Limitation on enforcement of vested rights affected.All notices of hearings on the adoption of rules made prior to July 1, 1984, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1985, such right shall be forever barred. An action or proceeding involving real property may not be brought or maintained in a court of this state unless a notice of such action, made in accordance with chapter 15-10, was recorded in the office of the register of deeds of the county in which the affected real property is located prior to July 1, 1985. Source: SL 1984, ch 9, §3.
SD Codified L § 1-26-4.6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.6 - Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under § 1-26-4.1. .

1-26-4.6. Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under §1-26-4.1. .All notices of intent to adopt emergency rules made prior to March 14, 1985, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred to in subdivision 1-26-4(2), and if no action or proceeding to enforce such right was commenced prior to July 1, 1986, such right is forever barred.An action or proceeding brought pursuant to §1-26-4.1 involving real property may not be brought or maintained in a court of this state unless a notice of such action, made in accordance with chapter 15-10, was recorded in the office of the register of deeds of the county in which the affected real property is located prior to July 1, 1987. Source: SL 1986, ch 20, §3.
SD Codified L § 1-26-4.7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.7 - Reversion to step in adoption procedure.

1-26-4.7. Reversion to step in adoption procedure.The Interim Rules Review Committee may require an agency to revert to any step in the adoption procedure provided in §1-26-4 if, in the judgment of the committee:(1)The substance of the proposed rule has been significantly rewritten from the originally proposed rule which was not the result of testimony received from the public hearing;(2)The proposed rule needs to be significantly rewritten in order to accomplish the intent of the agency;(3)The proposed rule needs to be rewritten to address the recommendations or objections of the Interim Rules Review Committee;(4)The proposed rule is not a valid exercise of delegated legislative authority;(5)The proposed rule is not in proper form;(6)The notice given prior to the proposed rule's adoption was not sufficient to give adequate notice to persons likely to be affected by the proposed rule;(7)The proposed rule is not consistent with the expressed legislative intent pertaining to the specific provision of law which the proposed rule implements;(8)The proposed rule is not a reasonable implementation of the law as it affects the convenience of the general public or persons likely affected by the proposed rule; or(9)The proposed rule may impose more than nominal costs upon a unit of local government or school district when the unit of local government or school district may not have sufficient funding to perform the activity required by the proposed rule.If the committee requires an agency to revert to any step in the adoption procedure pursuant to this section, the time limitations set by chapter 1-26 shall also revert to the same step. Source: SL 1990, ch 21; SL 2003, ch 17, §1; SL 2004, ch 21, §1; SL 2010, ch 8, §1; SL 2011, ch 10, §1.
SD Codified L § 1-26-4.8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.8 - Fee increase in proposed rule--Agency financial resource information--Submission to review committee.

1-26-4.8. Fee increase in proposed rule--Agency financial resource information--Submission to review committee.If an agency proposes a rule to increase a fee, the agency shall provide information to the Interim Rules Review Committee about the financial resources available to the agency. This information consists of the agency's beginning fund balance, receipts, disbursements, ending fund balance for each of the last two fiscal years and consists of the agency's beginning fund balance, projected receipts, projected disbursements, and ending balance for the current fiscal year and the next fiscal year. Source: SL 2005, ch 18, §3.
SD Codified L § 1-26-4.9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.9 - Authority of Interim Rules Review Committee.

1-26-4.9. Authority of Interim Rules Review Committee.The Interim Rules Review Committee may:(1)Declare that the rule-making process is complete to the satisfaction of the committee;(2)Revert the rule to an earlier step in the rule adoption procedure pursuant to §1-26-4.7 to consider an amendment to the proposed rule; or(3)Move to suspend the proposed rule pursuant to §1-26-38. Source: SL 2013, ch 10, §1.
SD Codified L § 1-26-4.10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-4.10 - Resubmission of amended rule to review committee--Hearing not required.

1-26-4.10. Resubmission of amended rule to review committee--Hearing not required.If the Interim Rules Review Committee reverts a rule to consider amendments to the proposed rule, the agency may make the amendment and resubmit the rule as amended at the next meeting of the Interim Rules Review Committee. An agency is not required to hold a hearing on an amendment made under this section. If the agency makes the amendment, the amended rule shall be published in the next register. Source: SL 2013, ch 10, §2.
SD Codified L § 1-26-5 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-5 - Notice of proposed emergency rule--Service--Use of emergency rule adoption procedure.

1-26-5. Notice of proposed emergency rule--Service--Use of emergency rule adoption procedure.Prior to the adoption or amendment of an emergency rule, an agency shall publish a notice of intent to adopt an emergency rule in the manner prescribed in §1-26-4.1 and shall serve on the person specified by subdivision 1-26-4(1), each member of the Interim Rules Review Committee, and the director:(1)A copy of the proposed rule, which shall bear a special number to distinguish it from a permanent rule;(2)Any publication described in §1-26-6.6 which shall be returned to the agency upon completion of the director's review and retained by the agency; and(3)A statement, with the reasons, that the emergency procedure is necessary: because of imminent peril to the public health, safety, or welfare; to prevent substantial unforeseen financial loss to state government; or because of the occurrence of an unforeseen event at a time when the adoption of a rule in response to such event by the emergency procedure is required to secure or protect the best interests of the state or its residents.Any agency may use the emergency rule adoption procedure. However, no agency may use the emergency rule adoption procedure for the convenience of the agency merely to avoid the consequences for failing to timely promulgate rules. Source: SL 1966, ch 159, §3; repealed SL 1972, ch 8, §36; re-enacted SL 1975, ch 16, §11; SL 1978, ch 13, §3; SL 1986, ch 20, §5; SL 1989, ch 16, §6; SL 1990, ch 22; SL 1997, ch 11, §1; SL 1998, ch 9, §3; SL 2003, ch 17, §2; SL 2006, ch 4, §3; SL 2009, ch 9, §4.
SD Codified L § 1-26-5.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-5.1 - Temporary suspension by emergency rule--Reversion of amended rule to original form.

1-26-5.1. Temporary suspension by emergency rule--Reversion of amended rule to original form.A rule may be temporarily suspended, but not repealed, by the adoption of an emergency rule. A rule amended by an emergency rule will revert to its original form ninety days after it has been in effect or at an earlier date if so specified in the rule, unless further amended within that period. Source: SL 1975, ch 16, §15; SL 1977, ch 13, §6.
SD Codified L § 1-26-6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6 - Completion of adoption of rule or change in rules.

1-26-6. Completion of adoption of rule or change in rules.The adoption, amendment, or repeal of a rule is complete when:(1)All the requirements of §1-26-4 have been completed or, if the rule is an emergency rule, three days have passed since all the requirements of §1-26-5 have been complied with;(2)It has been signed by a majority of the members of the multi-member body or by the officer having the authority to adopt it;(3)It has been signed by the director;(4)A copy has been filed with the director, in a form prescribed by the director to show amendments, deletions, and other changes to existing rules, for use in preparation of copy for the Administrative Rules of South Dakota;(5)The rule and a certificate have been filed with the secretary of state. The certificate shall affirm that the rule filed is a true and correct copy of the rule as adopted and that the agency has complied with §1-26-4 or 1-26-5, and with this section; and(6)For a permanent rule, the agency has appeared and presented the proposed rule to the Interim Rules Review Committee.Certificates required by this section shall be affidavits executed, under oath, by the officers authorized by statute to promulgate the rule. If a rule is promulgated by a multi-member body, the certificate shall be signed by its presiding officer.Emergency rules are provisionally effective immediately after being filed. Notwithstanding §15-6-6(a), all other rules are provisionally effective on the twentieth day after being filed, not counting the day of filing. In either case a later effective date may be specified as part of the rules being filed. A rule which is not yet effective or a provisionally effective rule may be suspended in the manner specified by §1-26-38 any time prior to the first day of July of the year following the year in which it became, or would have become, effective. The rule's provisional status ends at that time, and the rule may not thereafter be suspended by the rules committee. Unless suspended, a provisionally effective rule shall be enforced by the agency and the courts as if it were not so conditioned.No rule promulgated after June 30, 1975, is valid unless adopted in compliance with §1-26-4 or 1-26-5, and this section and copies of the rule are made available to the public upon request, by the agency. Source: SDC 1939, §§55.1203, 65.0106; SL 1966, ch 159, §§3, 4 (1); SDCL, §1-26-7; SL 1972, ch 8, §§7, 10, 12; SDCL Supp, §1-26-6.4; SL 1973, ch 9, §1; SL 1974, ch 16, §§5, 7; SL 1975, ch 16, §12; SL 1976, ch 15, §4; SL 1977, ch 13, §7; SL 1978, ch 13, §4; SL 1986, ch 20, §6; SL 1989, ch 16, §7; SL 1998, ch 9, §2; SL 2000, ch 4, §2; SL 2004, ch 22, §1.
SD Codified L § 1-26-6.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.1 - Restriction on incorporation of statutory material.

1-26-6.1. Restriction on incorporation of statutory material.An agency may refer to statute but may not incorporate statutory provisions, other than definitions, in their rules nor publish or distribute statutory material in conjunction with their rules unless required by law or expressly authorized by the Code Commission pursuant to §2-16-8.1. Source: SL 1972, ch 8, §8; SL 1984, ch 10, §1; SL 1995, ch 14, §3.
SD Codified L § 1-26-6.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.2 - Uniform style for rules--Required contents.

1-26-6.2. Uniform style for rules--Required contents.The director shall prescribe a uniform style in which rules shall be prepared and the standard form to be used in filing rules pursuant to this chapter. Such form shall contain a provision for a reference to be made by the agency for each rule proposed by it, citing its general authority to promulgate rules and then refer to the section, subdivision, or subsection of statute which the rule is intended to implement, and direct the agency to identify prior rules amended or repealed. Source: SDC 1939, §65.0106, 2nd par; repealed SL 1966, ch 159, §19; re-enacted SL 1972, ch 8, §9; SL 1989, ch 16, §8.
SD Codified L § 1-26-6.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.3 - Notice that rules do not conform--Redrafting and filing required.

1-26-6.3. Notice that rules do not conform--Redrafting and filing required.The director may notify any agency whose rules are not in the proper style and form. A copy of this notice shall be filed with the secretary of state. One hundred eighty days after an agency receives such notification, the rules of that agency shall be of no further force and effect unless redrafted in the prescribed style and form and filed with the secretary of state and the director. Source: SL 1972, ch 8, §9; SL 1989, ch 16, §9; SL 2009, ch 9, §5.
SD Codified L § 1-26-6.5 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.5 - Review by director--Notice to agency of need for change.

1-26-6.5. Review by director--Notice to agency of need for change.The director shall review each rule for compliance with the requirements for form, style, and clarity. The director shall review each rule for legality. The review for legality is a determination that the rule is authorized by the standards provided in the statutes cited by the agency to promulgate the rule. The director shall review the statement of reasons that the emergency procedure is necessary. If the director finds need for change, the director shall make the requirements known in writing to the agency prior to the hearing or within three days in the case of emergency rules. Source: SL 1972, ch 8, §11; SL 1973, ch 9, §2; SL 1974, ch 16, §6; SL 1975, ch 16, §18; SL 1986, ch 20, §7; SL 1989, ch 16, §10; SL 1990, ch 20, §2; SL 2009, ch 9, §6.
SD Codified L § 1-26-6.6 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.6 - Incorporation by reference to generally available materials--Description--Reference note--Identification of agency and rule.

1-26-6.6. Incorporation by reference to generally available materials--Description--Reference note--Identification of agency and rule.An agency may adopt other comprehensive regulations as its own by making reference to them in a rule, but only when the comprehensive regulations are published by an organization which is not part of the state government and only when the publication is generally available to the public at a reasonable cost. A rule which incorporates material by reference shall describe the exact section or portion of the publication which is being incorporated. Immediately following a rule which incorporates published material by reference, other than material contained in the code of federal regulations, the federal register, the United States code or the United States statutes at large, the agency shall place a reference note which identifies the publication by its title, date of publication, or enactment and author, and which states where the publication may be obtained and its cost, if any. A statement shall be attached to the face of the publication which shall state the agency's name, the section number of the rule which incorporates the material within, and the date the rule was served pursuant to §1-26-4 or 1-26-5 or filed pursuant to §1-26-6. Source: SL 1974, ch 16, §11; SL 1975, ch 16, §19.
SD Codified L § 1-26-6.7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.7 - Procedure for amendment, suspension or repeal of rules.

1-26-6.7. Procedure for amendment, suspension or repeal of rules.Once a rule has been adopted, it may not be amended, repealed, or suspended except by compliance with §1-26-4 or 1-26-5, and with §1-26-6, even if it has not taken effect. Source: SL 1975, ch 16, §16.
SD Codified L § 1-26-6.8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.8 - Rules unenforceable until properly adopted.

1-26-6.8. Rules unenforceable until properly adopted.No agency rule may be enforced by the courts of this state until it has been adopted in conformance with the procedures set forth in this chapter. Source: SL 1977, ch 13, §8.