reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:03 - Petty and misdemeanor offenses › Chapter 2:03:01 - Uniform traffic ticket › Section 2:03:01:01 - Forms for petty offense complaints and summons

Current through Register Vol. 51, page 10, July 15, 2024
Either Form A or B, or any other form that substantially complies with Form A or B, shall be used as a petty offense summons and complaint.
If Form A is used, a power of attorney form in substantial compliance with §
									2:03:01:03  shall be attached. If a law enforcement agency designated in §
									2:03:01:04  chooses to use the declaration option set forth in SDCL  23-1A-5, either Form A or B, or any other form that substantially complies with Form A or B, may be modified by inserting the statutorily approved declaration above the officers signature in addition to or in lieu of the oath acknowledgment.
(1)
Form A
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(2)
Form B
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PETTY OFFENSES
: If charged with a petty offense involving the operation and use of a motor vehicle and you possess or have proof of a valid South Dakota driver's license, you may choose alternatives 1, 2, or 3 below. If unable to meet the license requirement or if charged with a non-traffic offense, you may choose alternative 2 or 3 below. Upon refusal of the following alternatives, you will be taken immediately to a magistrate for hearing.
1.
Promise to Appear.
You may sign the complaint as a written promise to appear. Intentional failure to appear is a Class 2 misdemeanor.
2.
Admission and Deposit.
You may sign a stipulation admitting the allegations in the complaint which, together with the required deposit, will be filed with the clerk of courts.
3.
Deposit.
You may immediately mail said deposit to the clerk of court or personally make the deposit, either alternative to be in the presence of the officer. Refer to schedule of petty offenses for amount required for the deposit.
If you choose alternative 2 or 3 and do not appear in court on the date specified, the clerk will enter judgment against you and you will forfeit your deposit. You may appear in court after signing an admission and the court may, upon motion, relieve you from the stipulation and the effects thereof.
General Authority:
SDCL  23-1A-2.
Law Implemented:
SDCL  23-1A-2,  23-1A-5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:03 - Petty and misdemeanor offenses › Chapter 2:03:01 - Uniform traffic ticket › Section 2:03:01:02 - Forms for misdemeanor offense complaints and summons

Current through Register Vol. 51, page 10, July 15, 2024
The following form, or one which substantially complies with it, shall be used as a misdemeanor offense summons and complaint for traffic offenses. A power of attorney form in substantial compliance with §
									2:03:01:03  shall be attached to the form. The promise to appear option may not be utilized for offenses set forth in SDCL  32-33-2.1 and  32-33-4, or in contradiction to SDCL  32-33-2.
If a law enforcement agency designated in §
									2:03:01:04  determines to use the declaration option set forth in SDCL  23-1A-5 and SDCL  23A-2-1, the form or one which substantially complies with it, may be modified by inserting the statutorily approved declaration above the officers signature in addition to or in lieu of the oath acknowledgment.
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General Authority:
SDCL  23-1A-2.
Law Implemented
: SDCL  23-1A-2,  23A-2-1,  32-33-2,  32-33-2.1,  32-33-4,  23-1A-5,  23A-2-1.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:03 - Petty and misdemeanor offenses › Chapter 2:03:01 - Uniform traffic ticket › Section 2:03:01:03 - Power of attorney form

Current through Register Vol. 51, page 10, July 15, 2024
The following form, or any other form that substantially complies with it, shall be used for offenses included on the schedule of offenses adopted pursuant to SDCL  16-2-21 and where a power of attorney option is provided:
POWER OF ATTORNEY
PCN ______________
State of South Dakota
In Circuit Court
Magistrate Division
County of_______________
____________Judicial Court
State of South Dakota (Plaintiff)
Vs
___________________________________
(Defendant)
No. _____________HP
THE UNDERSIGNED PEACE OFFICER COMPLAINS AND STATES THAT
ON OR ABOUT
AT OR NEAR (LOCATION/MILE POST)
AT TIME
A.M.
P.M.
_________________
____________________________________
________
WITHIN THE COUNTY AND STATE AFORESAID
NAME
HEIGHT
SEX
_____________________________
________
_____
ADDRESS
WEIGHT
_____________________________
________
CITY
STATE
BIRTH DATE
_____________________________
________
____________
DRIVER'S LICENSE NO.
STATE
_____________________________
________
DID UNLAWFULLY
OPERATE
_________
PARK
______
VEHICLE MAKE
_______________
BODY STYLE
_____________
STATE LICENSE NO.
YEAR
STATE
FR______Y
_____________________________
______
_______
______N
AND THEN AND THERE COMMIT THE FOLLOWING OFFENSE TO WIT:
PETTY OFF _____
MIS ______
DESCRIBE VIOLATION:
_________________________________________________
CDL ____Y____N
C Veh.____Y____N____E
_________________________________________________
Haz. Materials ____Y____N
in violation of SDCL_________________________________
_____Municipal
SPEEDING
_____Interstate
_____Other
______M.P.H. IN
______M.P.H. ZONE
OFFICER ISSUING SUMMONS
NO.
CITY
COUNTY
STATE
___________________________
_____
______________
_________
_______
POWER OF ATTORNEY
____________________________________ I hereby deposit with the Clerk of Courts of
__________________________ County, South Dakota, as a cash appearance bond, the sum of
$ ________________________ and understand that my initial appearance will be located in the
city of ____________________________________.
a m.
on _____________________________________ at ________________________________ p.m.
If I desire to contest this matter, I will appear at the date, time, and place for my initial appearance
or contact the clerk of courts before that date and ask the clerk to reschedule the date for my
initial appearance. If I do not appear or contact the clerk of courts within the time period, (or if
after the court date is set, I fail to appear,) I hereby plead guilty to the charge, and direct the clerk
to apply the money deposited as bond herewith to the payment of the fine and costs assessed
against me.
__________________ Cash taken by Officer - Officer signed
I have read this document and have been given a copy.
Signed
____________________________________________________________________________
Defendant
Date
THE SIGNED COPY MUST BE ENCLOSED WITH MONEY IN THE ENVELOPE PROVIDED
General Authority:
SDCL  23-1A-2.
Law Implemented:
SDCL  23-1A-2,  32-33-2.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:03 - Petty and misdemeanor offenses › Chapter 2:03:01 - Uniform traffic ticket › Section 2:03:01:04 - Designated law enforcement agencies

Current through Register Vol. 51, page 10, July 15, 2024
The Division of Highway Patrol and local government law enforcement agencies shall use the uniform traffic ticket forms that are contained in this chapter or forms in substantial compliance with those forms.
General Authority:
SDCL  23-1A-2.
Law Implemented:
SDCL  23-1A-2,  32-33-2.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:03 - Petty and misdemeanor offenses › Chapter 2:03:01 - Uniform traffic ticket › Section 2:03:01:05 - Forms for juvenile cited violation

Current through Register Vol. 51, page 10, July 15, 2024
Either Form A or B, or any other form that substantially complies with Form A or B, shall be used as a summons and complaint for juvenile cited violations.
Form A:
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Form B:
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General Authority:
SDCL  23-1A-2.1,  23-1A-2.
Law Implemented:
SDCL  23-1A-2.1.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:04 - Division of criminal investigation › Chapter 2:04:01 - Definitions › Section 2:04:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this article mean:
(1) "Alternative biological sample," a biological sample, other than blood, including buccal swabs;
(2) "Authorized sampling technician," any person who by training and occupation regularly engages in medical sampling procedures, including physicians, medical laboratory technicians, registered nurses, physician's assistants, phlebotomists, expanded role licensed practical nurses, certified nurse practitioners, medical technicians, and medical technologists. For purposes of alternative biological samples, an authorized sampling technician also includes persons such as court services officers, corrections officers, or law enforcement officers, after such persons are trained in alternative biological sampling procedures;
(3) "Buccal swab," a sample taken on two sterile cotton applicator sticks from the cheek area within the samplee's mouth;
(4) "Collecting agency," the Department of Corrections, the DCI or any sheriff, chief of police, or other law enforcement officer empowered to arrest or take custody of an individual for a violation of SDCL chapter 22-22 or a crime of violence as defined by SDCL  22-1-2 and empowered to arrange for collection of blood or alternative biological samples, or both, pursuant to SDCL 23-5-14;
(5) "DCI," the Division of Criminal Investigation within the Office of the Attorney General;
(6) "Samplee," an individual required to submit a blood sample or an alternative biological sample, or both, pursuant to SDCL 23-5-14 or 23-5-15.
General Authority:
SDCL 23-5-16, 23-5-17.
Law Implemented:
SDCL 23-5-14, 23-5-16, 23-5-17.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:04 - Division of criminal investigation › Chapter 2:04:02 - Blood and alternative biological samples › Section 2:04:02:01 - Blood sample

Current through Register Vol. 51, page 10, July 15, 2024
A blood sample consists of whole blood drawn by an authorized sampling technician.
General Authority:
SDCL 23-5-17.
Law Implemented:
SDCL 23-5-16.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:04 - Division of criminal investigation › Chapter 2:04:02 - Blood and alternative biological samples › Section 2:04:02:02 - Alternative biological sample procedures and equipment

Current through Register Vol. 51, page 10, July 15, 2024
An authorized sampling technician shall obtain buccal swabs with two sterile cotton applicator sticks, which shall be air dried and placed into a paper container.
General Authority:
SDCL 23-5-16, 23-5-17.
Law Implemented:
SDCL 23-5-14, 23-5-16.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:04 - Division of criminal investigation › Chapter 2:04:02 - Blood and alternative biological samples › Section 2:04:02:03 - Blood sample equipment

Current through Register Vol. 51, page 10, July 15, 2024
If an alternative biological sample cannot be obtained, an authorized sampling technician shall draw a blood sample into one 7-10 cc Lavender Vacutainer containing and utilizing ethylenediaminetetraacetic acid.
General Authority:
SDCL 23-5-16, 23-5-17.
Law Implemented:
SDCL 23-5-14, 23-5-16.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:04 - Division of criminal investigation › Chapter 2:04:02 - Blood and alternative biological samples › Section 2:04:02:04 - Sample mailing

Current through Register Vol. 51, page 10, July 15, 2024
Upon collection of a blood sample or an alternative biological sample, or both, under this chapter, the authorized sampling technician or the collecting agency arranging the test shall transfer the sample by mail or by courier through which a chain of custody may be established to DCI, Pierre, South Dakota. The authorized sampling technician shall place the sample into a mailing container provided by DCI for that purpose pursuant to instructions included with the mailing container. Along with the blood sample or alternative biological sample, or both, the authorized sampling technician or collecting agency shall include in the mailing container a completed form provided by DCI which must include the following information:
(1) The samplee's name;
(2) Any number identifying the samplee within law enforcement system agencies, such as DCI or the Federal Bureau of Investigation;
(3) The samplee's date of birth;
(4) The samplee's sex;
(5) The samplee's race;
(6) The offense committed by the samplee;
(7) The date of sample collection;
(8) The name of the collecting agency;
(9) The collecting agency's agent present at sampling;
(10) The name of the authorized sampling technician;
(11) The chain of custody of the sample; and
(12) The samplee's thumbprints.
General Authority:
SDCL 23-5-16, 23-5-17.
Law Implemented:
SDCL 23-5-14, 23-5-16.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:04 - Division of criminal investigation › Chapter 2:04:02 - Blood and alternative biological samples › Section 2:04:02:05 - DCI maintenance procedures

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt by DCI, DCI personnel shall label the sample container. DCI personnel shall store the sample until DCI is able to arrange for analysis of the sample. DCI personnel shall retain the documentation accompanying each sample.
General Authority:
SDCL 23-5-16, 23-5-17.
Law Implemented:
SDCL 23-5-14, 23-5-16.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:04 - Division of criminal investigation › Chapter 2:04:03 - County reimbursement › Section 2:04:03:01 - County reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
If a court requires an individual to bear the cost of collection of blood and saliva specimens pursuant to SDCL 23-5-18, such funds shall go directly to the county as reimbursement for its costs. If a court does not require an individual to bear the cost of collection because the individual did not receive a sentence or a suspended imposition of sentence or because the individual is indigent, the county shall apply to the Office of the Attorney General for reimbursement of its collection costs. The application shall be on forms provided by the Office of the Attorney General.
General Authority:
SDCL 23-5-16, 23-5-17.
Law Implemented:
SDCL 23-5-18.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:04 - Division of criminal investigation › Chapter 2:04:04 - Thumbprint samples › Section 2:04:04:01 - Thumbprint samples

Current through Register Vol. 51, page 10, July 15, 2024
Thumbprints shall be taken from each samplee in order to verify identity. Thumbprints shall be taken by following normal inked fingerprint procedures, including rolling the samplee's right and left thumbs where indicated on the information card.
General Authority:
SDCR 23-5-17.
Law Implemented:
SDCL  23-5-4, 23-5-14, 23-5-16.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:01 - Minimum standards › Section 2:05:01:01 - Minimum standards for employment

Current through Register Vol. 51, page 10, July 15, 2024
A person may be employed or certified only if the person:
(1) Is a citizen of the United States;
(2) Is at least 18 years of age at the time of appointment;
(3) Has fingerprints taken by a qualified law enforcement officer;
(4) Is of good moral character;
(5) Is a graduate of an accredited high school or has a high school equivalency certificate acceptable to the commission;
(6) Is examined and certified, on forms prescribed by the commission, by a licensed physician, physician assistant, or nurse practitioner to be able to perform the duties of a 911 telecommunicator;
(7) Has been interviewed and hired by an agency that determines the person's general suitability for a 911 telecommunication service, based on personality, temperament, ability to communicate, and other characteristics reasonably necessary to the performance of the duties of a 911 telecommimicator;
(8) Has undergone a background investigation by the hiring agency that includes an inquiry into the person's driving history, criminal history, previous employment, personal references, credit reports, social media accounts, and law enforcement training records;
(9) Has not unlawfully used any prescribed drug, controlled substance, or marijuana within one year before the time of application for certification;
(10) Has not had certification revoked, consented to decertification, had an application for certification refused, committed an act in violation of §
									2:05:03:01, or been dismissed from a basic telecommunication training program as a result of an act in violation of any basic academy handbook, or has been dismissed from a basic telecommunication program due to an academic or skills failure, unless the commission upon application declares the person eligible for employment or certification; and
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-26,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:01 - Minimum standards › Section 2:05:01:02 - Felons to be rejected - Misdemeanants to be reviewed

Current through Register Vol. 51, page 10, July 15, 2024
No person may be employed or certified if that person has pled guilty or no contest to, or been convicted of, any offense which could have resulted in incarceration for more than one year. Any person who has pled guilty or no contest to, or been convicted of, an offense with a maximum penalty that could have resulted in incarceration of one year or less remains eligible for employment or certification unless the plea or conviction when considered along with the seriousness of the offense, time elapsed since the offense was committed, the person's conduct since the offense was committed, or other pertinent information indicates that the person should not be hired or certified.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:01 - Minimum standards › Section 2:05:01:02.01 - Exception from prohibition on employment or certification

Current through Register Vol. 51, page 10, July 15, 2024
Any person ineligible under §
									2:05:01:02  to be hired or certified as a result of a conviction, may not be denied employment or certification as a result of that conviction if the person, based upon a proof of innocence, received a reprieve, commutation, or pardon. This section does not prohibit the consideration of a conviction or plea in determining moral character under subdivision 2:05:01:01(4).
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:01 - Minimum standards › Section 2:05:01:02.02 - Exception from prohibition on employment or certification for suspended impositions of sentence

Current through Register Vol. 51, page 10, July 15, 2024
Any person seeking certification as 911 telecommunicator who has received an order pursuant to § 23A-27-13. or the equivalent of such in another jurisdiction, for any offense which could have resulted in incarceration for more than one year may be declared eligible upon petition to the Commission. Upon a showing that the ends of justice, the best interest of the public and the person seeking certification are met, the Commission may declare a person eligible for employment and certification.
General Authority:
SDCL  23-3-42.
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:01 - Minimum standards › Section 2:05:01:03 - Notice of appointment of 911 telecommunicator

Current through Register Vol. 51, page 10, July 15, 2024
The hiring agency shall send the following documents to the commission within ten days after the appointment of the 911 telecommunicator:
(1) Law enforcement standards form basic 911 application; and
(2) Two sets of the fingerprint cards required by subdivision 2:05:01:01(3).
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:01 - Minimum standards › Section 2:05:01:04 - Filing of fingerprints

Current through Register Vol. 51, page 10, July 15, 2024
Fingerprints taken under subdivision 2:05:01:01(3) shall be distributed to local, state, and national fingerprint files to disclose any criminal record.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:01 - Minimum standards › Section 2:05:01:05 - Discontinuance of employment of 911 telecommunicator

Current through Register Vol. 51, page 10, July 15, 2024
No temporary or probationary 911 telecommunicator may continue such employment after a showing that the 911 telecommunicator has violated any of the conditions of §
									2:05:03:01  or has been dismissed from the basic 911 telecommunicator training program pursuant to §
									2:05:02:10. Applicants who have been rejected for certification, have falsified information, or have been dismissed from the basic 911 telecommunicator training program may, after one year, reapply to the commission for certification if the reasons for rejection have been eliminated and a new application is submitted. The commission upon application by the original appointing authority may, when it determines there is good cause, allow one new application reapplying for certification prior to the expiration of one year.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:01 - Minimum standards › Section 2:05:01:06 - Expiration of certification

Current through Register Vol. 51, page 10, July 15, 2024
Certification expires on the last day of the twenty-fourth calendar month following separation from 911 telecommunicator employment. Upon petition the commission may waive any of the basic training program for recertification of a person whose certification has expired under this provision. The petitioner must prove that the petitioner remains capable of performing the duties of a 911 telecommunicator notwithstanding the expiration of certification. Certification does not expire if a certified 911 telecommunicator, prior to the last day of the twenty-fourth calendar month following separation from 911 telecommunicator employment, becomes reemployed as a 911 telecommunicator by a local, state, or tribal public safety agency in South Dakota.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:01 - Priority for training

Current through Register Vol. 51, page 10, July 15, 2024
Municipal, county, and state 911 telecommunicators shall have priority over all other applicants for admission to the basic certification training course.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:02 - Temporary or probationary appointment

Current through Register Vol. 51, page 10, July 15, 2024
A person qualified under chapter 2:05:01 who has not completed the training program required by SDCL  34-45-24 may be appointed on a temporary or probationary basis as a noncertified 911 telecommunicator, for a period not to exceed twelve cumulative months.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:02.01 - Tolling of temporary or probationary appointment period

Current through Register Vol. 51, page 10, July 15, 2024
A noncertifled 911 telecommunicator who:
(1) Has not completed twelve cumulative months of service under a temporary/probationary appointment:
(2) Separates from a public safety agency prior to the expiration of the 911 telecommunicator's twelve-month temporary or probationary period; and
(3) Is reappointed to the same agency or appointed to another agency within three years from date of first appointment.
shall be charged with the amount of time served during the previous appointment(s) and allowed the remaining balance to complete the training program required by SDCL  34-45-24.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24. 34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:02.02 - Temporary or probationary period reset

Current through Register Vol. 51, page 10, July 15, 2024
A person who:
(1) Separated from a public safety agency during the person's temporary/ probationary period:
(2) Has not been employed as a noncertified 911 telecommunicator for three or more years from date of first appointment: and
(3) Is appointed to a South Dakota public safety agency.
shall be allowed twelve-months to complete the training program required by SDCL  34-45-24,
General Authority:
SDCL  34-45-26. 34-45-29.
Law Implemented:
SDCL  34-45-24. 34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:03 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
The commission may waive any part of the training required by SDCL  34-45-24 upon application requesting a waiver, and a showing that the applicant meets the minimum standards for certification set forth in §
									2:05:01:01, and has, within two years prior to appointment, completed a training program of equivalent content and quality in another jurisdiction, or been continuously employed as a certified 911 telecommunicator in another jurisdiction since the date of the equivalent training. The executive secretary of the law enforcement officers standards and training commission shall administer a written test to the applicant to determine the applicant's competence. Upon successful completion of the test, the commission shall issue the applicant a certificate as a certified 911 telecommunicator or shall notify the applicant of additional training to be completed before the applicant can be certified. Upon successful completion of the additional training, the commission shall issue the applicant a certificate as a certified 911 telecommunicator.
Upon application, the Commission may grant reciprocity eligibility to any person who has. more than two years prior to appointment, completed a training program of equivalent content and quality in another jurisdiction. In determining whether to grant reciprocity eligibility, the Commission shall consider in totality the person's 911 telecommunicator experience, training, and related substantiative experience. Prior to considering reciprocity eligibility, the executive secretary shall conduct a review of the person's 911 telecommunicator experience, trainning and related substantiative experience and provide a recommendation to the Commission.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:04 - Certificate of qualification

Current through Register Vol. 51, page 10, July 15, 2024
Upon successful completion of the training program required by SDCL  34-45-24, or the waiver of the training program under §
									2:05:02:03, and upon receipt of a statement signed by the head of the hiring agency verifying compliance with chapter 2:05:01, the commission shall issue a certificate indicating that the telecommunicator is a certified South Dakota 911 telecommunicator.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:05 - Approved basic training course

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall approve a basic training course for certification as a 911 telecommunicator which consists of a curriculum of at least 80 hours of training and includes the following subject areas:
(1) Program administration;
(2) Communication skills;
(3) 911 telecommunicator practices and procedures;
(4) Legal aspects; and
(5) Human behavior.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:06 - Successful completion of training course

Current through Register Vol. 51, page 10, July 15, 2024
An applicant, to successfully complete the training course, must receive a passing score on all written and skills examinations administered in connection with the course. The executive director, at the direction of the commission, shall establish rules of internal management setting forth the passing score for each examination. The executive secretary shall, prior to the commencement of the training course, notify applicants of the level of performance that constitutes a passing score for each examination. An applicant may retake the test within seven days of failing the test. An applicant may not take a test more than twice. The executive secretary may, for cause, allow an applicant to retake a test at other times.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:07 - Place of training

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise stated by the executive secretary, the approved basic training course shall be conducted at the criminal justice training center in Pierre, South Dakota.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:08 - Time course is conducted

Current through Register Vol. 51, page 10, July 15, 2024
The approved basic training course shall commence at such times as the executive secretary considers appropriate.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:09 - Student discipline during basic training course

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may enforce restrictions and rules of internal management as are necessary to maintain the orderly instruction of students and efficient operation of the school. Students must comply with such restrictions and rules as set forth by the executive secretary in the basic certification course student handbook, or such other specific directives as the executive secretary may issue.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:10 - Dismissal

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may dismiss, from the school, any person who violates any restrictions or rule established by the executive secretary to administer or maintain order during the basic training course. The executive secretary may dismiss any person who engages in conduct which would be grounds for revocation or suspension of certification if the person was certified. The executive secretary may dismiss, from the school any person who fails to meet academic and/or skills proficiency standards.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:11 - Appeal

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary's decision to dismiss is appealable under chapter 2:01:04.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:02 - Training program › Section 2:05:02:12 - Training program fees

Current through Register Vol. 51, page 10, July 15, 2024
The fee for persons admitted to the 80 hour basic training program for 911 telecommunicators under SDCL  34-45-24 is $800.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-29,  34-45-32.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:01 - Revocation of certification of 911 telecommunicator

Current through Register Vol. 51, page 10, July 15, 2024
The commission may revoke the certification of a 911 telecommunicator who has been convicted of or received a suspended imposition of sentence for either a misdemeanor involving moral turpitude or a felony; has falsified any information required to obtain certification; has been discharged for cause from employment as a 911 telecommunicator; or has engaged in conduct unbecoming of a 911 telecommunicator.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:02 - Moral turpitude

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this chapter, "moral turpitude" has the same meaning as in SDCL 22-1 2(25).
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-26,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:03 - Procedure for obtaining a complaint form and filing a complaint requesting revocation of certification of a 911 telecommunicator

Current through Register Vol. 51, page 10, July 15, 2024
A person alleging a violation of this chapter may request, either orally or in writing, a complaint form from the executive secretary. Within ten days after receiving the request, the executive secretary shall provide that person a complaint form approved by the commission. The complaint form may be provided by mail or by directing the person to an on-line complaint form. The complaint shall identify the 911 telecommunicator and state the relevant facts known to the complainant. The complainant must sign and verify the complaint to be true to the best of the complainant's knowledge, information, and belief. The complaint shall be filed with the executive secretary.
General Authority:
SDCL  34-45-29.
Law Implemented:
SDCL  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:04 - Investigation and dismissal of complaint

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of a complaint, the executive secretary shall conduct an investigation of the allegations in the complaint, in accordance with the commission's internal operating procedures for complaints against certified 911 telecommunicators. In conjunction with an investigation, the executive secretary may require the telecommunicator to undergo an evaluation to determine the telecommunicator's ability to perform the duties of a 911 telecommunicator. After the investigation is concluded, the executive secretary shall give notice of a contested case hearing or submit the complaint and any investigative report to a commission member. After examining the complaint and investigative report, the commission member must either request further investigation, direct the executive secretary to give notice of a contested case hearing or the commission member may dismiss the complaint if it appears that the grounds alleged in the complaint are frivolous, clearly unfounded in fact, or in the opinion of the commission member the appointing authority has adequately responded to allegations alleged in the complaint. If the commission member dismisses the complaint, such dismissal shall be reported to the commission at its next regularly scheduled meeting.
General Authority:
SDCL  34-45-29.
Law Implemented:
SDCL  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:05 - Hearing

Current through Register Vol. 51, page 10, July 15, 2024
The hearing on a complaint requesting the revocation or suspension of the certification of a 911 telecommunicator may be conducted, at the direction of the commission, by the full commission with the assistance of a hearing officer appointed by the chair of the commission, by a hearing officer when less than a majority of the commission members are present, or by the Office of Hearing Examiners when the commission assigns the contested case hearing to that office. The hearing shall be conducted pursuant to contested case procedure in SDCL chapter 1-26. The hearing shall be held in Pierre unless the commission designates otherwise.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:06 - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
At a hearing on a complaint the complainant has the burden of establishing grounds for the revocation or suspension through proof by clear and convincing evidence.
General Authority:
SDCL  34-45-29.
Law Implemented:
SDCL  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:07 - Application for reinstatement of certification

Current through Register Vol. 51, page 10, July 15, 2024
A person whose certification as a 911 telecommunicator has been revoked may, after one year, apply to the commission for reinstatement of certification.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:08 - Consent to decertification

Current through Register Vol. 51, page 10, July 15, 2024
A certified 911 telecommunicator who is subject to an investigation or pending action involving allegations of misconduct may consent to decertification. A certified 911 telecommunicator who consents to decertification may, after one year, apply to the commission for reinstatement of certification.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-24,  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:05 - 911 telecommunicators › Chapter 2:05:03 - Revocation of 911 telecommunicator certification › Section 2:05:03:09 - Conduct unbecoming of a 911 telecommunicator

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of this chapter, "conduct unbecoming of a 911 telecommunicator" means the following:
(1) Conduct contrary to professional standards that shows an unfitness to discharge duties, or including an act of moral turpitude;
(2) Conduct which adversely affects morale or efficiency of the force or damages public confidence;
(3) Failing to cooperate with the executive secretary or the commission regarding any investigation into the conduct of a 911 telecommunicator, unless the investigation subjects the telecommunicator to potential criminal liability;
(4) Failing to disclose to the executive secretary any arrest of the 911 telecommunicator within ten days of the arrest; disclosure to the executive secretary may be accomplished by the telecommunicator's agency administrator;
(5) Use or possession of marijuana or any marijuana derivative regardless of whether such use or possession may be legal under state law or pursuant to a valid prescription; or
(6) Use or possession of any controlled substance not obtained pursuant to a valid prescription.
General Authority:
SDCL  34-45-26,  34-45-29.
Law Implemented:
SDCL  34-45-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:01 - Definitions › Section 2:06:01:01 - Definitions for 24/7 sobriety program

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Drug patch," any type of device that is affixed to a person's skin and tests for the presence of marijuana or controlled substances in the person's body;
(2) "Electronic alcohol monitoring device," any electronic instrument that is attached to a person and is capable of determining and monitoring the presence of alcohol in a person's body. The term, electronic alcohol monitoring device, includes any associated equipment a participant needs in order for the device to properly perform;
(3) "Ignition interlock device," an instrument that is attached to a motor vehicle's ignition system in which a participant submits to a breath test that detects the presence of alcohol in the participant's body, provides simultaneous testing and photo confirmation information to the participating agency, and does not permit the starting and continued operation of the participant's vehicle if test detects alcohol;
(4) "Participant," a person who has been ordered by a court or directed by the Board of Pardons and Parole, Department of Corrections, or any parole agent to participate in the 24/7 Sobriety Program. The term, participant, also includes a person who, as a condition of receiving a work permit, is directed by the Department of Public Safety to participate in the 24/7 Sobriety Program;
(5) "Participating agency," a sheriff's office or a designated entity named by a sheriff that has agreed to participate in the 24/7 Sobriety Program by enrolling participants, administering one or more of the tests, and submitting reports to the Attorney General;
(6) "Participation agreement," a written document executed by a participant agreeing to participate in the 24/7 Sobriety Program in a form approved by the Attorney General that contains the following information:
(a) The type, frequency, and time period of testing;
(b) The location of testing;
(c) The fees and payment procedures required for testing; and
(d) The responsibilities and obligations of the participant under the 24/7 Sobriety Program;
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:01 - Placement on the 24/7 Sobriety Program

Current through Register Vol. 51, page 10, July 15, 2024
The court's written order and any written directive of the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or any parole agent placing a person on the 24/7 Sobriety Program should include the method of testing and the time period the person is to be on the program.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(1) and (2),  32-23-23.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:02 - Enrollment

Current through Register Vol. 51, page 10, July 15, 2024
A participant placed on the 24/7 Sobriety Program shall be enrolled by a representative of a participating agency as provided in the order or directive. A participating agency shall be provided with a copy of the order or directive before enrolling a participant. Enrollment shall include the participating agency placing the participant in the reporting system provided in §
									2:06:04:01. The participant shall execute a participation agreement and provide written waivers that allow release of program information for enforcement and reporting purposes. The participating agency shall also provide the participant with information regarding any test ordered or directed, applicable procedures, fees, and other costs and expenses. The participating agency may decline to enroll a person on the 24/7 Sobriety Program if any fees were waived without the consent of the participating agency and the Attorney General.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(1), (2), and (3),  32-23-23.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:02.01 - Additional enrollment for ignition interlock device testing

Current through Register Vol. 51, page 10, July 15, 2024
If a participant is enrolled for ignition interlock device testing, the participant shall bring the motor vehicle to the participating agency within 24 hours after device installation. The participant shall provide documentation that a selected device was obtained from a manufacturer's authorized vendor, installed in accordance with the manufacturer's directions, and is in proper working order, and that the participant was instructed on the device's operation and testing procedures. The participating agency shall verify installation, proper working order, and its access to testing information.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(1), (2) and (3),  32-23-23.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:02.02 - Periodic ignition interlock inspection

Current through Register Vol. 51, page 10, July 15, 2024
The participant shall bring the motor vehicle with the installed ignition interlock device to the vendor for calibration testing and inspection in accordance with the manufacturer's directions. The participant shall bring the motor vehicle with the installed ignition interlock device and vendor inspection documentation to the participating agency for inspection every 30 days, and for calibration testing every 120 days, or when directed by the participating agency.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(1) and (2),  32-23-23.