reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-6 - Duty of state's attorney on receipt of complaint alleging chapter violation.

1-25-6. Duty of state's attorney on receipt of complaint alleging chapter violation.
If a complaint alleging a violation of this chapter is made pursuant to §23A-2-1, the state's attorney shall take one of the following actions:
(1)Prosecute the case pursuant to Title 23A;
(2)Determine that there is no merit to prosecuting the case. Upon doing so, the state's attorney shall send a copy of the complaint and any investigation file to the attorney general. The attorney general shall use the information for statistical purposes and may publish abstracts of such information, including the name of the government body involved for purposes of public education; or
(3)Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action.
Source:
SL 2004, ch 19, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-6.1 - Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners.

1-25-6.1. Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners.
If a complaint alleges a violation of this chapter by a board of county commissioners, the state's attorney shall take one of the following actions:
(1)Prosecute the case pursuant to Title 23A;
(2)Determine that there is no merit to prosecuting the case. The attorney general shall use the information for statistical purposes and may publish abstracts of the information as provided by §1-25-6;
(3)Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action; or
(4)Refer the complaint to another state's attorney or to the attorney general for action pursuant to §1-25-6.
Source:
SL 2010, ch 6, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-7 - Consideration by commission of complaint or written submissions alleging chapter violation--Findings--Public censure.

1-25-7. Consideration by commission of complaint or written submissions alleging chapter violation--Findings--Public censure.
Upon receiving a referral from a state's attorney or the attorney general, the South Dakota Open Meetings Commission shall examine the complaint and investigatory file submitted by the state's attorney or the attorney general and shall also consider signed written submissions by the persons or entities that are directly involved. Based on the investigatory file submitted by the state's attorney or the attorney general and any written responses, the commission shall issue a written determination on whether the conduct violates this chapter, including a statement of the reasons therefor and findings of fact on each issue and conclusions of law necessary for the proposed decision. The final decision shall be made by a majority of the commission members, with each member's vote set forth in the written decision. The final decision shall be filed with the attorney general and shall be provided to the public entity and or public officer involved, the state's attorney, and any person that has made a written request for such determinations. If the commission finds a violation of this chapter, the commission shall issue a public reprimand to the offending official or governmental entity. However, no violation found by the commission may be subsequently prosecuted by the state's attorney or the attorney general. All findings and public censures of the commission shall be public records pursuant to §1-27-1. Sections 1-25-6 to 1-25-9, inclusive, are not subject to the provisions of chapter 1-26.
Source:
SL 2004, ch 19, §2; SL 2010, ch 6, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-8 - Open Meeting Commission--Appointment of members--Chair.

1-25-8. Open Meeting Commission--Appointment of members--Chair.
The South Dakota Open Meeting Commission shall be comprised of five state's attorneys appointed by the attorney general. Each commissioner shall serve at the pleasure of the attorney general. A chair of the commission shall be chosen annually from the membership of the commission by a majority of its members.
Source:
SL 2004, ch 19, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-9 - Limitations on participation by commission members.

1-25-9. Limitations on participation by commission members.
No member of the commission may participate as part of the commission or vote on any action regarding a violation of this chapter if that member reported or was involved in the initial investigation, is an attorney for anyone who reported or was involved in the initial investigation, or represents or serves as a member of the governmental entity about whom the referral is made. The provisions of this section do not preclude a commission member from otherwise serving on the commission for other matters referred to the commission.
Source:
SL 2004, ch 19, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-10 - State Investment Council may discuss certain matters in executive session.

1-25-10. State Investment Council may discuss certain matters in executive session.
The State Investment Council, in executive session, may discuss and consider any document or information exempt from public disclosure requirements under the provisions of subdivision 1-27-1.6(5).
Source:
SL 2010, ch 7, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-11 - Recording of open official meeting to be permitted.

1-25-11. Recording of open official meeting to be permitted.
No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law.
Source:
SL 2016, ch 11, §1; SL 2019, ch 3, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25 - Meetings Of Public Agencies › Section 1-25-12 - Definitions.

1-25-12. Definitions.
Terms used in this chapter mean:
(1)"Political subdivision," any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other local government entity that is created or appointed by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign power derived from state law;
(2)"Public body," any political subdivision and the state;
(3)"Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference;
(4)"Teleconference," information exchanged by any audio, video, or electronic medium, including the internet;
(5)"State," each board, commission, department, or agency of the State of South Dakota. The term, state, does not include the Legislature.
Source:
SL 2019, ch 3, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25A - Broadcast Announcements By Public Agencies › Section 1-25A-1 - Purchase of advertising time permitted for public announcements.

1-25A-1. Purchase of advertising time permitted for public announcements.
Any office, agency, board, or commission of this state or any of its counties, townships or municipalities is hereby authorized to purchase radio and television advertising time to broadcast any announcement found to be in the public interest.
Source:
SL 1973, ch 17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 25A - Broadcast Announcements By Public Agencies › Section 1-25A-2 - Broadcast not equivalent of legal notice.

1-25A-2. Broadcast not equivalent of legal notice.
Nothing in §1-25A-1 shall authorize the purchase of radio and television advertising time to broadcast any legal notice which is required to be given by law, nor shall it be construed to give radio and television legal publication status.
Source:
SL 1973, ch 17.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26 - Administrative Procedure And Rules › Section 1-26-1.1 - Interim Rules Review Committee created--Composition--Appointments--Terms of office--Vacancies.

1-26-1.1. Interim Rules Review Committee created--Composition--Appointments--Terms of office--Vacancies.
There is hereby created a legislative committee of six members, no more than four of whom shall be of the same political party, which shall be designated the Interim Rules Review Committee. The committee shall be composed of three members of the Senate to be appointed by the president pro tempore of the Senate and three members of the House of Representatives to be appointed by the speaker of the House of Representatives and no more than two senators and two representatives shall be of the same political party. Members shall be appointed prior to the adjournment of each regular session in odd-numbered years and shall serve for two-year terms ending at noon on the second Tuesday in January in each odd-numbered year; however, members shall serve until their successors are appointed. Vacancies on the committee shall be filled by the original appointing authority for the remainder of the term. A vacancy shall exist whenever a committee member ceases to be a member of the Legislature.
Source:
SL 1972, ch 8, §1; SL 1975, ch 16, §9; SL 1983, ch 13, §1; SL 2005, ch 17, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26 - Administrative Procedure And Rules › Section 1-26-1.2 - Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary.

1-26-1.2. Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary.
The interim rules review committee shall choose a chair from its members and prescribe its rules of procedure. Meetings of the committee shall be at the call of the chair or a majority of the committee.
On or before the first Monday following the last day of the legislative session, the committee and the agencies shall determine a schedule of dates for meetings to be held during the following twelve months. However, the committee is not required to hold a meeting if no proposed rules have been filed pursuant to subdivision 1-26-6(4) prior to the meeting.
The committee shall review all proposed agency rules and make recommendations to the agencies regarding rules and legislation authorizing rules and to the Legislature regarding administrative law. All meetings, regular or special, shall be open to the public and any interested person may be heard and present evidence.
Members of the committee shall be compensated for their attendance at meetings and for time spent in conduct of committee business at rates established by the Executive Board of the Legislative Research Council. The director of the Legislative Research Council, or one or more persons from the director's office, shall act as secretary to the committee, or the committee may employ a secretary.
Source:
SL 1972, ch 8, §2; SL 1974, ch 16, §3; SL 1989, ch 16, §1; SL 1990, ch 20, §1; SL 2000, ch 4, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26 - Administrative Procedure And Rules › Section 1-26-1.3 - Delegation of duties by director.

1-26-1.3. Delegation of duties by director.
The director may delegate the duties imposed by this chapter to other persons in the Legislative Research Council's office. Each person to whom the duties are delegated has the same power and authority as the director for the purposes of this chapter. The papers specifying the delegation of duties shall be filed with the secretary of state.
Source:
SL 1977, ch 13, §11; SL 1989, ch 16, §2; SL 2009, ch 9, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26 - Administrative Procedure And Rules › Section 1-26-2 - Agency materials available for public inspection--Derogatory materials.

1-26-2. Agency materials available for public inspection--Derogatory materials.
Each agency shall make available for public inspection all rules, final orders, decisions, opinions, intra-agency memoranda, together with all other materials, written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions. An agency shall hold confidential materials derogatory to a person but such information shall be made available to the person to whom it relates.
Source:
SDC 1939, §55.1203; SL 1966, ch 159, §2; SL 1972, ch 8, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 26 - Administrative Procedure And Rules › Section 1-26-2.1 - Small business impact statements--Content.

1-26-2.1. Small business impact statements--Content.
An agency shall, when submitting any proposed rule that will have a direct impact on small business, prepare an impact statement that includes the following:
(1)A narrative explanation in plain, easy-to-read language of the effect of the rule on small business, the basis for its enactments, and why the rule is needed;
(2)An identification and estimate of the number of small businesses subject to the proposed rule;
(3)The projected reporting and recordkeeping required for compliance with the proposed rule, including the types of professional skills necessary for preparation of the report or record;
(4)A statement of the probable effect on impacted small business; and
(5)A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule.
An agency is only required to use readily available information and existing resources to prepare the impact statement.
Source:
SL 2004, ch 20, §2; SL 2006, ch 8, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.