reglab/housing_qa huggingface dataset:
SD Codified L § 1-26-6.9 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.9 - Licensing board or commission fees--Criteria and limitation.

1-26-6.9. Licensing board or commission fees--Criteria and limitation.If a professional or occupational licensing board or commission is authorized in statute to establish fees by rule and no maximum fee limit is specified, the fees shall be reasonable and necessary to provide enough money to meet the budgetary needs of the licensing board or commission for such things as: per diem, travel expenses, office expense, salaries and benefits, utilities, supplies, testing, licensing, inspections, disciplinary actions, and legal fees. However, the total amount of increase in the fees imposed by a licensing board or commission may not exceed the previous year's budget by more than twenty percent. Source: SL 1986, ch 21.
SD Codified L § 1-26-6.10 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-6.10 - Restriction of licensee's right or privilege to carry or possess pistol prohibited.

1-26-6.10. Restriction of licensee's right or privilege to carry or possess pistol prohibited.No state agency may adopt or promulgate any rule that restricts any right or privilege to carry or possess a pistol in contravention to authority being exercised in accordance with being licensed to carry a concealed pistol pursuant to chapter 23-7. Source: SL 2006, ch 5, §1.
SD Codified L § 1-26-7 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-7 - Records retained--Copies--Public inspection of current rules.

1-26-7. Records retained--Copies--Public inspection of current rules.Each agency shall keep the original records, documents, and instruments required by this chapter and shall make copies of all records, documents, and exhibits available to members of the Legislature upon request. The secretary of state shall keep a copy of the agency's current rules and the certificates pertaining thereto, which shall be open to public inspection. Source: SDC 1939, §§55.1203, 65.0106; SL 1966, ch 159, §4 (1); SL 1972, ch 8, §12; SL 1974, ch 16, §7; SL 1975, ch 16, §20; SL 2009, ch 9, §7.
SD Codified L § 1-26-7.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-7.1 - Agency's statement of reasons for adoption or rejection of rule.

1-26-7.1. Agency's statement of reasons for adoption or rejection of rule.Upon adoption of a rule or upon the rejection of a petition filed pursuant to §1-26-13, an agency, if requested to do so in writing by an interested person either prior to adoption or rejection or within thirty days thereafter, shall issue a written concise statement of the principal reasons for and against the rule's adoption, incorporating therein its reasons for overruling the considerations urged against the rule's adoption or rejection. A copy of the statement shall be served on the members of the Interim Rules Review Committee and the director of the Legislative Research Council. Source: SL 1966, ch 159, §3; SDCL, §1-26-4 (2); SL 1972, ch 8, §5; SL 1975, ch 16, §17; SL 1983, ch 5, §2; SL 1997, ch 12, §1.
SD Codified L § 1-26-8 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-8 - Effective date of rules--Emergency rules.

1-26-8. Effective date of rules--Emergency rules.Each rule is effective twenty days after filing with the secretary of state, except that:(1)If a later date is required by statute or specified in the rule, the later date is the effective date;(2)Subject to applicable constitutional or statutory provisions, an emergency rule is effective immediately upon filing with the secretary of state, or at a stated date less than twenty days later. No emergency rule may remain in effect for a period of longer than ninety days. Source: SDC 1939, §65.0106; SL 1966, ch 159, §4 (2); SL 1972, ch 8, §13; SL 1975, ch 16, §21; SL 1976, ch 15, §5; SL 2009, ch 9, §8.
SD Codified L § 1-26-8.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-8.2 - Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule.

1-26-8.2. Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule.After a rule has been adopted and filed with the secretary of state, any person may petition the agency which adopted the rule to delay the effective date of the rule. The petition must be filed with the agency at least ten days prior to the effective date of the rule. The agency must grant or deny the petition, with or without a hearing, within ten days of filing. If the petition is granted, the effective date of the rule may not be delayed more than ninety days. A copy of the petition and a statement of the agency justifying the granting of the petition shall be sent to the chairman of the Interim Rules Review Committee at the time the decision is made. A copy of the statement granting the petition shall be filed with the secretary of state at the time the decision is made.The effective date of a rule may be delayed only once, and an agency may repeal the rule during the period of the delay. Source: SL 1979, ch 8, §5.
SD Codified L § 1-26-8.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-8.3 - Retroactive effect of rule--Burden of proving authority or necessity.

1-26-8.3. Retroactive effect of rule--Burden of proving authority or necessity.If any rule is proposed to have retroactive effect, the burden is on the agency to show that the retroactivity is authorized by law or is necessary to implement new provisions of law. Source: SL 1985, ch 13.
SD Codified L § 1-26-11 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-11 - Pamphlet publication of rules--Supervision.

1-26-11. Pamphlet publication of rules--Supervision.Each agency promulgating professional or regulatory examining and licensing rules or other rules under this chapter may cause the same, or any portion thereof, to be published in pamphlet form, subject to the supervision of the director regarding style and form and such other limitations of certification. Source: SL 1972, ch 8, §15; SL 1989, ch 16, §11.
SD Codified L § 1-26-12 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-12 - Distribution and sale of publications and copies of rules.

1-26-12. Distribution and sale of publications and copies of rules.Publications and copies of rules authorized under or required by this chapter shall upon request be made available to agencies and officials of this state free of charge and to other persons at prices fixed by the Interim Rules Review Committee to cover mailing and publication costs. An agency may not charge the public for copies of notices or intentions to pass rules required by §1-26-4.1. The provisions of §1-8-10 except as to certification do not apply to copies of publications distributed by the secretary of state under this chapter. Source: SDC 1939, §65.0106; SL 1966, ch 159, §5 (4); SL 1972, ch 8, §16; SL 1977, ch 13, §9; SL 1983, ch 5, §4; SL 1984, ch 10, §3.
SD Codified L § 1-26-12.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-12.1 - List of rules and organizational statements.

1-26-12.1. List of rules and organizational statements.To assist interested persons dealing with it, each agency which has adopted rules shall make available, either electronically or through paper copy, a list of the agency's rules and a descriptive statement of its central and field organization. This information includes the locations of persons and places from which the public can secure information, make submittals or requests, or obtain decisions. Source: SL 1972, ch 8, §17; SL 1975, ch 16, §23; SL 2009, ch 9, §9.
SD Codified L § 1-26-13 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-13 - Petition for rules--Denial or initiation of proceedings--Copies to Interim Rules Committee and director.

1-26-13. Petition for rules--Denial or initiation of proceedings--Copies to Interim Rules Committee and director.An interested person, other than an inmate as defined in §1-15-20.1, may petition an agency requesting the promulgation, amendment, or repeal of a rule. The petition shall contain the text or substance of any new rule or amendment sought, the identification of any rule sought to be repealed, reasons for the proposal, and the name and address of the petitioner. Within thirty days after submission of a petition, the agency either shall deny the petition in writing (stating its reasons for the denials) or shall initiate rule-making proceedings in accordance with §1-26-4. The agency shall serve a copy of any petitions and denials on the members of the Interim Rules Review Committee and the director of the Legislative Research Council. Source: SL 1966, ch 159, §6; SL 1972, ch 8, §18; SL 1975, ch 16, §24; SL 1997, ch 12, §2; SL 1999, ch 6, §2.
SD Codified L § 1-26-13.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-13.1 - Service complete when deposited in mail.

1-26-13.1. Service complete when deposited in mail.Notwithstanding §15-6-6(e), any service required by §§1-26-1 to 1-26-13, inclusive, shall, when performed by mail, be complete when the material to be served is deposited with the United States postal service. Source: SL 1977, ch 13, §2.
SD Codified L § 1-26-14 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-14 - Declaratory judgment on rules.

1-26-14. Declaratory judgment on rules.The validity or applicability of a rule may be determined in an action for declaratory judgment in the circuit court for the county of the plaintiff's residence, if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. Source: SL 1966, ch 159, §7.
SD Codified L § 1-26-15 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-15 - Declaratory rulings by agencies.

1-26-15. Declaratory rulings by agencies.Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency. No inmate as defined in §1-15-20.1 may petition an agency for a declaratory ruling on the applicability of statutory provisions, rules, or orders of the agency. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases. A copy of all such rulings shall be filed with the director for publication in the Administrative Rules of South Dakota. Source: SL 1966, ch 159, §8; SL 1979, ch 8, §3; SL 1989, ch 16, §12; SL 1990, ch 20, §3; SL 1993, ch 19, §8; SL 1995, ch 8, §13; SL 1999, ch 6, §3.
SD Codified L § 1-26-16 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-16 - Notice and hearing required in contested cases.

1-26-16. Notice and hearing required in contested cases.In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Source: SL 1966, ch 159, §9 (1).
SD Codified L § 1-26-17 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-17 - Contents of notice in contested cases.

1-26-17. Contents of notice in contested cases.The notice shall include:(1)A statement of the time, place, and nature of the hearing;(2)A statement of the legal authority and jurisdiction under which the hearing is to be held;(3)A reference to the particular sections of the statutes and rules involved;(4)A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished;(5)A statement of any action authorized by law, which may affect the parties, as a result of any decision made at the hearing, whether it be the revocation of a license, the assessment of a fine or other effect;(6)A statement that the hearing is an adversary proceeding and that a party has the right at the hearing, to be present, to be represented by a lawyer, and that these and other due process rights will be forfeited if they are not exercised at the hearing;(7)Except in contested cases before the Public Utilities Commission, a statement that if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request to the agency no later than ten days after service of a notice of hearing issued pursuant to §1-26-17;(8)A statement that the decision based on the hearing may be appealed to the circuit court and the State Supreme Court as provided by law. Source: SL 1966, ch 159, §9 (2); SL 1978, ch 14, §1; SL 2003, ch 18, §3; SL 2007, ch 7, §1.
SD Codified L § 1-26-17.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-17.1 - Intervention in contested case by person with pecuniary interests.

1-26-17.1. Intervention in contested case by person with pecuniary interests.A person who is not an original party to a contested case and whose pecuniary interests would be directly and immediately affected by an agency's order made upon the hearing may become a party to the hearing by intervention, if timely application therefor is made. Source: SL 1978, ch 13, §5.
SD Codified L § 1-26-18 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-18 - Rights of parties at hearings on contested cases--Summary disposition of certain cases.

1-26-18. Rights of parties at hearings on contested cases--Summary disposition of certain cases.Opportunity shall be afforded all parties to respond and present evidence on issues of fact and argument on issues of law or policy. However, each agency, upon the motion of any party, may dispose of any defense or claim:(1)If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law; or(2)At the close of the evidence offered by the proponent of the defense or claim if it determines that the evidence offered by the proponent of the defense or claim is legally insufficient to sustain the defense or claim.A party to a contested case proceeding may appear in person or by counsel, or both, may be present during the giving of all evidence, may have reasonable opportunity to inspect all documentary evidence, may examine and cross-examine witnesses, may present evidence in support of the party's interest, and may have subpoenas issued to compel attendance of witnesses and production of evidence in the party's behalf. Source: SL 1966, ch 159, §9 (3); SL 1972, ch 8, §19; SL 1978, ch 13, §6; SL 2002, ch 16, §1.
SD Codified L § 1-26-18.3 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-18.3 - Request to use Office of Hearing Examiners in certain contested cases.

1-26-18.3. Request to use Office of Hearing Examiners in certain contested cases.In any contested case, if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request no later than ten days after service of a notice of hearing issued pursuant to §1-26-17. This section does not apply to any contested case before the Public Utilities Commission. Source: SL 1995, ch 8, §18; SL 2003, ch 18, §1; SL 2007, ch 7, §2.
SD Codified L § 1-26-19 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-19 - Rules of evidence in contested cases.

1-26-19. Rules of evidence in contested cases.In contested cases:(1)Irrelevant, incompetent, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied under statutory provisions and in the trial of civil cases in the circuit courts of this state, or as may be provided in statutes relating to the specific agency, shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not otherwise admissible thereunder may be admitted except where precluded by statute if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;(2)A party may conduct cross-examinations required for a full and true disclosure of the facts;(3)Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the agency. Source: SL 1966, ch 159, §10; SL 1972, ch 8, §20; SL 1985, ch 15, §9.
SD Codified L § 1-26-19.1 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-19.1 - Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena.

1-26-19.1. Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena.Each agency and the officers thereof charged with the duty to administer the laws of this state and rules of the agency shall have power to administer oaths as provided by chapter 18-3 and to subpoena witnesses to appear and give testimony and to produce records, books, papers and documents relating to any matters in contested cases and likewise issue subpoenas for such purposes for persons interested therein as provided by §15-6-45. Unless otherwise provided by law fees for witnesses shall be as set forth in chapter 19-5 and be paid by the agency or party for whom the witness is subpoenaed.Failure of a person to obey the subpoena issued pursuant to this chapter may be punished as a contempt of court in the manner provided by chapter 21-34. Source: SL 1972, ch 8, §21.
SD Codified L § 1-26-19.2 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-19.2 - Depositions of witnesses.

1-26-19.2. Depositions of witnesses.Each agency and the officers thereof charged with the duty to administer the laws and rules of the agency shall have power to cause the deposition of witnesses residing within or without the state or absent therefrom to be taken or other discovery procedure to be conducted upon notice to the interested person, if any, in like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in circuit court in any matter concerning contested cases. Source: SL 1972, ch 8, §22.
SD Codified L § 1-26-20 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-20 - Agreed disposition of contested cases.

1-26-20. Agreed disposition of contested cases.Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. Source: SL 1966, ch 159, §9 (4).
SD Codified L § 1-26-21 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-21 - Contents of record in contested cases.

1-26-21. Contents of record in contested cases.The record in a contested case shall include:(1)All pleadings, motions, intermediate rulings;(2)Evidence received and considered;(3)A statement of matters officially noticed which have been refuted;(4)Questions and offers of proof, objections, and rulings thereon;(5)Proposed findings and exceptions;(6)Any decision, opinion, or report by the officer presiding at the hearing;(7)All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case. Source: SL 1966, ch 159, §9 (5); SL 1972, ch 8, §23.
SD Codified L § 1-26-22 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-22 - Transcript in contested cases--Minutes in lieu of transcript.

1-26-22. Transcript in contested cases--Minutes in lieu of transcript.Whenever a party requests in writing that oral proceedings be transcribed, a verbatim record of all proceedings and testimony shall be kept by the agency. Unless otherwise provided by law the agency shall not be required to transcribe the record unless the requesting party tenders and pays the reasonable cost thereof. If transcribed, a copy of the record shall be furnished to any other party to the hearing at the request and expense of such other party. If no verbatim record is transcribed, the agency shall prepare minutes of the hearing. The minutes shall consist of a written summary of the evidence and proceedings. Source: SL 1966, ch 159, §9 (6); SL 1972, ch 8, §24; SL 1978, ch 13, §7.
SD Codified L § 1-26-23 (2021)
2021 South Dakota Codified Laws|Title 1 - State Affairs and Government|Chapter 26 - Administrative Procedure And Rules|Section 1-26-23 - Basis for findings in contested cases.

1-26-23. Basis for findings in contested cases.Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Source: SL 1966, ch 159, §9 (7).