reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:08 - Appearance and attire

Current through Register Vol. 51, page 10, July 15, 2024
In a mixed martial arts contest, each contestant must meet the following appearance and attire requirements:
(1) Each contestant must be clean and present a tidy appearance;
(2) Each contestant must have the person's fingernails and toenails cut and trimmed;
(3) The excessive use of grease or any other foreign substance may not be used on the face, hair, or body of the contestant. The referee or Commission designee shall cause any excessive grease or foreign substance to be removed. The Commission designee shall determine whether head and facial hair present any hazard to the safety of the contestant or opponent or will interfere with the supervision and conduct of the contest or exhibition. The contestant may not compete in the contest or exhibition unless the circumstances are corrected to the Commission designee's satisfaction;
(4) A contestant may not wear any jewelry or piercing accessories while participating in the contest;
(5) A male contestant may wear mixed martial arts shorts, kickboxing shorts, or lightweight elastic polyurethane fabric bike-shorts, any combination of the foregoing, or other clothing approved by the Commission. A female contestant may wear mixed martial arts shorts, kickboxing shorts, or lightweight elastic polyurethane fabric bike-shorts, or any combination of the foregoing, and a tight-fitting top, or other clothing approved by the Commission;
(6) A contestant must use a mouthpiece that has been individually fitted;
(7) All contestants shall secure their hair in a manner that does not interfere with the vision or safety of either contestant, including no products or ornaments;
(8) No contestants may use cosmetics, perfumes, colognes, or other fragrances;
(9) Male contestants shall wear groin protection;
(10) A contestant may not wear any supports or wraps on an ankle; and
(11) A contestant may wear a neoprene or similar material wrap on a knee. Metal, plastic, or fiberglass support braces on a knee are prohibited. A wrap must be approved by the Commission.
General Authority:
42-12-10.
Law Implemented:
42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:09 - Bandage and glove requirements

Current through Register Vol. 51, page 10, July 15, 2024
In a mixed martial arts contest, the following bandage and glove requirements apply:
(1) The gloves will be approved at the weigh-in by the Commission, or its designee. The gloves will be examined by the Commission, or its designee, to make sure they are whole, clean, and in sanitary condition. The padding may not be misplaced or lumpy. No breaking, roughing, or twisting of gloves is permitted;
(2) The gloves for every bout that is designed as a main event or title fight must be new, furnished by the promoter, and made to fit the hands of the contestant;
(3) The gloves of each contestant must be put on in the dressing room under the supervision of a Commission designee and examined in the ring by the referee. If a glove is found to be unfit, it must be replaced with a glove that meets the requirements of this section;
(4) The contestants must wear gloves that weigh not less than four ounces and not more than eight ounces;
(5) The bandages may not exceed one winding of surgeon's adhesive tape, not over one and one-half inches wide, and placed directly on the hand to protect the part of the hand near the wrist. The tape may cross the back of the hand twice, but may not extend within three-fourths of an inch of the knuckles when the hand is clenched to make a fist;
(6) Each contestant shall use a soft surgical bandage not over two inches wide, held in place by not more than six feet of surgeon's adhesive tape for each hand. No more than one 15-yard roll of the bandage may be used to complete the wrappings on each hand. Strips of tape may be used between the fingers to hold down the bandage. Bandages must be applied and adjusted in the presence of the Commission or its designee: and
(7) The use of water or any other liquid or material on the tape is prohibited.
General Authority:
42-12-10.
Law Implemented:
42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:10 - Ring or fenced area requirements

Current through Register Vol. 51, page 10, July 15, 2024
Mixed martial arts contests may be held in a ring or in a fenced area. A mixed martial arts contest may not be permitted in any ring or area unless such ring or area has been inspected and approved by the Commission or its designee.
(1) The following requirements apply to a ring used in a contest of mixed martial arts:
(a) A ring may not be less than sixteen feet or more than thirty-two feet square inside the ropes;
(b) The ring floor must extend at least eighteen inches beyond the ropes. The ring floor must be padded with Ensolite or similar closed-cell foam, with at least a one-inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform, with a top covering of canvas duck or similar material tightly stretched and laced to the ring platform. Material that tends to gather in lumps or ridges may not be used;
(c) The ring may not be more than four feet above the floor and must have suitable steps for the use of contestants;
(d) Ring posts must be made of metal, not more than three inches in diameter, extending from the floor to a minimum height of fifty-eight inches above the ring floor, and must be properly padded in a manner approved by the Commission. Ring posts must be at lease eighteen inches away from the ring ropes;
(e) There must be a minimum of five ring ropes, with ties at appropriate intervals, with a minimum of two ties per side, not less than one inch in diameter and wrapped in soft materials. The lowest ring rope must be twelve inches above the ring floor;
(f) There must not be any obstruction or object, including, without limitation, a triangular border, on any part of the ring floor; and
(g) There must be at least ten feet between the edge of the apron of the ring and the first row of ticketholders. This area around ring must be denoted with a barrier to provide access for the Commission and officials around the entire ring;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:11 - Ringside equipment

Current through Register Vol. 51, page 10, July 15, 2024
The promoter shall provide the following items which must be available for use as needed by the corner:
(1) Two buckets;
(2) Chairs and stools;
(3) Rubber gloves;
(4) Towels; and
(5) Receptacles for soiled towels and trash.
General Authority:
42-12-10(1).
Law Implemented:
42-12-10(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:12 - Use and administration of drugs, stimulants, or nonprescription preparations

Current through Register Vol. 51, page 10, July 15, 2024
The use or administration of drugs, stimulants, or nonprescription preparations taken by or given to a contestant, other than the following, is prohibited:
(1) Petroleum jelly for discretionary use around the eyes and cheek only;
(2) Adrenalin or epinephrine in a manufacturer's premeasured vial in a 1/1000 solution; and
(3) Coagulant limited to avitine, thrombin, thrombinplastin, fibroplastic, or jellfoam powder.
If a contestant tests positive for an illegal or unauthorized substance, the Commission shall amend the results of the bout to a no contest decision if the offending contestant won the bout. If the substance is a controlled substance as defined by SDCL  22-42-1 subdivision (1) or a counterfeit substance as defined by SDCL  22-42-1 subdivision (2) the Commission shall provide a copy of the laboratory report and any Commission investigative reports in the matter to an appropriate law enforcement agency.
General Authority:
42-12-10.
Law Implemented:
42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:13 - Scoring system

Current through Register Vol. 51, page 10, July 15, 2024
Each judge of a bout of mixed martial arts shall score the bout and determine the winner through the use of the following system:
(1) The better contestant of a round receives ten points and the opponent proportionately less;
(2) If a round is even, each contestant receives ten points;
(3) No fraction points may be given;
(4) If a point is deducted, the referee must inform each judge at the time of the foul and a point must be deducted on the judge's scorecard;
(5) Points for each round must be awarded immediately after the end of the period of mixed fighting style in the round;
(6) Judges will score the round based upon the following criteria:
(a) Effective striking;
(b) Effective grappling;
(c) Ring control; and
(d) Effective aggressiveness and defense;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:15 - Accidental fouls

Current through Register Vol. 51, page 10, July 15, 2024
If a bout of mixed martial arts is stopped because of an accidental foul, the referee shall determine whether the contestant who has been fouled can continue. If the contestant's chance of winning has not been seriously jeopardized as a result of the foul or if the foul did not involve a concussive impact to the head of the contestant who has been fouled, the referee may order the bout continued after a recuperative interval of not more than five minutes. Immediately after separating the contestant, the referee shall inform the Commission of the determination the foul was accidental.
If the referee determines that a bout may not continue because of an injury suffered as a result of an accidental foul, the bout must be declared a no contest if the foul occurred during the first two rounds of a bout that is scheduled for three rounds or less; or, if the fouls occurred during the first three rounds of a bout that is scheduled for more than three rounds.
If an accidental foul renders a contestant unable to continue the bout after the complete second round of a bout that is scheduled for three rounds or less; or after the completed third round of a bout that is scheduled for more than three rounds, the outcome must be determined by scoring the completed rounds and the round during which the referee stopped the bout.
If an injury inflicted by an accidental foul later becomes aggravated by fair blows and the referee orders the bout stopped because of the injury, the outcome must be determined by scoring the completed rounds and the round during which the referee stops the bout.
General Authority:
42-12-10.
Law Implemented:
42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:16 - Deduction of points

Current through Register Vol. 51, page 10, July 15, 2024
If a contestant fouls an opponent during a bout of mixed martial arts, the referee may penalize the contestant by deducting points from the contestant's score, whether the foul was intentional or accidental. The referee may determine the number of points to be deducted in each instance and shall base the determination on the severity of the foul and its effect upon the opponent.
The referee shall, as soon as practical after the foul, notify the judges and both contestants of the foul, and the number of points, if any, to be deducted from the score of the offender. Any point, or points, to be deducted for a foul must be deducted in the round in which the foul occurred and may not be deducted from the score of any subsequent round.
General Authority:
42-12-10.
Law Implemented:
42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:17 - Stalling or faking

Current through Register Vol. 51, page 10, July 15, 2024
A referee shall warn a contestant if the referee believes the contestant is stalling or faking. If, after a proper warning, the referee determines the contestant is continuing to stall or fake, the referee shall stop the contest at the end of the round. If the referee determines that either or both contestants are stalling or faking, or if a contestant refuses to fight, the contest shall be terminated and announced as a no contest and the contestant or contestants in violation shall forfeit their pay as provided for in this Chapter.
A contestant who falls down without being struck or otherwise actively participating in the contest must immediately be examined by the physician. After conferring with the physician, the referee may disqualify the contestant and the contestant may be required to forfeit pay.
General Authority:
42-12-10.
Law Implemented:
42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:18 - Results of contests

Current through Register Vol. 51, page 10, July 15, 2024
A contest of mixed martial arts may end under the following results:
(1) Submission by:
(a) Physical tap out, when a contestant physically indicates the contestant no long wants to continue; or
(b) Verbal tap out, when the contestant verbally indicated the contestant no longer wants to continue;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:19 - Automatic suspensions following contest

Current through Register Vol. 51, page 10, July 15, 2024
The Commission shall issue a suspension to each contestant following a bout. Such suspension shall be reported to a national mixed martial arts database. Mixed martial artists may not compete or appear in a contest for up to ninety days after being unable to defend themselves in a bout. Mixed martial artists knocked out in a bout may be suspended indefinitely, subject to medical clearance to compete.
General Authority:
42-12-10.
Law Implemented:
42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:20 - Amateur contests - Requirements and rules

Current through Register Vol. 51, page 10, July 15, 2024
For all bouts or contests under the jurisdiction of the Commission in which an amateur contestant competes, the Association of Boxing Commission's Recommended Rules of Amateur Mixed Martial Arts apply. The Commission has final decision-making authority concerning the enforcement, implementation, and interpretation of these rules and regulations.
General Authority:
42-12-10.
Law Implemented:
42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:05 - Mixed martial arts › Section 20:81:05:21 - Association of Boxing Commissions and Combative Sports Unified Rules of Mixed Martial Arts

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise addressed in SDCL chapter 42-12 or ARSD article 20:81, the Association of Boxing Commissions and Combative Sports Unified Rules of Mixed Martial Arts apply to all mixed martial arts bouts. The South Dakota Athletic Commission has final decision-making authority concerning the enforcement, implementation, and interpretation of these rules.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
Association of Boxing Commissions and Combative Sports Unified Mixed Martial Arts Rules (Adopted July 30, 2009 revised; August 2016)
http://www.abcboxing.com/unified-rules/
.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:06 - Kickboxing › Section 20:81:06:01 - World Kickboxing and Karate Association contests

Current through Register Vol. 51, page 10, July 15, 2024
For all kickboxing contests, the most recent World Kickboxing and Karate Association rules and regulations apply. The Commission has final decision-making authority concerning the enforcement, implementation, and interpretation of these rules and regulations.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:07 - Ticket sales › Section 20:81:07:01 - Ticket requirements

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise provided, all persons attending a bout or contest under the jurisdiction of the Commission shall present a ticket for entry.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:07 - Ticket sales › Section 20:81:07:02 - Ticket provisions

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to contest tickets:
(1) Every ticket must have the price, the name of the promoter, and the date of the contest. Unless otherwise authorized by the Commission, the ticket stub of each ticket must indicate the price of each ticket;
(2) The following persons may be admitted to a contest without presenting a ticket of admission, upon showing a proper identification either approved or issued by the Commission:
(a) A Commission designee or Commission member;
(b) Persons designated by the Commission for official duty;
(c) Officials attending under provisions of state law or these rules;
(d) The principals, managers, and corners involved in the contest;
(e) The emergency medical personnel on duty for the contest;
(f) Police officers, firefighters, and other public officials on duty for the contest; and
(g) Persons arranged by the promoter for other duties.
No other persons may be admitted without presenting an admission ticket.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:07 - Ticket sales › Section 20:81:07:03 - Limitations on complimentary tickets

Current through Register Vol. 51, page 10, July 15, 2024
A promoter may not issue complimentary tickets for more than four percent of the seats in the contest venue without the Commission's written authorization. The promoter is responsible to pay the applicable state sales tax prescribed for all complimentary tickets. Unless otherwise authorized by the Commission, all complimentary tickets must indicate on the ticket that it is a complimentary ticket and the value of the ticket had the ticket actually been purchased.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:07 - Ticket sales › Section 20:81:07:04 - Inventory of tickets required

Current through Register Vol. 51, page 10, July 15, 2024
The promoter of a contest shall prepare an inventory that identifies all tickets that were printed for the contest and that accounts for any tickets that are overprints, changes or extras, or complimentary. The promoter shall sign the inventory acknowledging that the inventory is true and correct and send the inventory to the Commission within thirty days of the contest, competition, or exhibition. The inventory must accompany a form prescribed by the Commission for determining the contest fee set forth in §
									20:81:02:03.
The inventory provided by the promoter is subject to audit by the Commission. The promoter shall maintain the inventory and any documentation necessary to prepare the inventory for a period of not less than three years.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:07 - Ticket sales › Section 20:81:07:05 - Gross revenue

Current through Register Vol. 51, page 10, July 15, 2024
Gross revenues from a bout or contest means any and all revenues, from whatever source derived or received by any promoter, or other principal, on account of any particular bout or contest, including any revenues received from any advance ticket sales, gate receipts, promotional or advertising consideration, and from any internet, television, or pay-per-view telecasts of such bout or contest, exclusive of any federal tax thereon.
Each promoter, or other principal, liable for the gross revenue fee shall provide an accounting to the Commission on a form prescribed by the Commission not later than thirty days from the date of the bout or contest, prepared by the promoter or by a certified public accountant on behalf of the promoter using generally accepted accounting principles, which detail the source and amount of each component of gross revenues and contains a calculation showing the amount owed to the Commission. Any source documents or records used by the promoter or the certified public accountant in preparing the accounting must be made immediately available to the Commission, upon request, for verification.
The gross revenue fee due thereon must be remitted to the Commission not later than thirty days from the date of the bout or contest. Any promoter or other principals involved in the receipt of moneys or the staging of the contest are jointly and severally liable for the gross revenue fee provided for by this section.
Any promoter who fails to calculate or remit the gross revenue fee, as required, is subject to an immediate suspension of the promoter's license until the delinquent accounting or fee is submitted to the Commission or until a hearing requested by the promoter is conducted and concluded by the Commission.
The accounting provided by the promoter is subject to audit by the Commission. The promoter shall maintain the accounting and any documentation necessary to prepare the accounting for a period of not less than three years.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:07 - Ticket sales › Section 20:81:07:06 - Promoter liable for applicable sales tax

Current through Register Vol. 51, page 10, July 15, 2024
The promoter is liable for any applicable sales tax related to the bout or contest. The promoter shall pay such sales tax within thirty days of the bout or contest or within two days of the promoter's next scheduled contest, competition, or exhibition, whichever occurs first.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:08 - Amateur organizations and educational institutions › Section 20:81:08:01 - Recognition of amateur organizations and educational institutions

Current through Register Vol. 51, page 10, July 15, 2024
An amateur sanctioning body or bona fide educational institution seeking the approval of the Commission shall file a written application for approval on a form prescribed by the Commission and submit the applicable fee. An applicant shall provide supplemental information or affidavits establishing facts upon request within any reasonable time limit set by the Commission. Failure to timely respond to a request for supplemental information or affidavits shall be deemed to be a withdrawal of the application.
An application for approval must include evidence of the amateur sanctioning body or educational institution's reputation.
The Commission may only approve those proposed recognized amateur sanctioning bodies and educational institutions that meet the following requirements:
(1) The proposed amateur sanctioning body or educational institution has a legal existence; it is incorporated or otherwise legally recognized under the laws of its domicile and is authorized to conduct business in South Dakota. In the alternative, a proposed nationally recognized sanctioning body may irrevocably appoint an agent for service of process for all purposes in South Dakota;
(2) The proposed amateur sanctioning body or educational institution has rules that provide for the exclusion of professionals from its competitions;
(3) The proposed amateur sanctioning body or educational institution has rules that provide for the exclusion of contestants under the age of eighteen from its competitions, or alternatively, applies stricter medical safeguards and requirements for all contestants under the age of eighteen;
(4) The proposed amateur sanctioning body or educational institution has rules that provide for the medical safety and care of its contestants. At a minimum, the proposed nationally recognized sanctioning body has policies and procedures that:
(a) Require continuous presence of an ambulance staffed with emergency medical personnel or paramedics at all events;
(b) Assure that bouts do not unreasonably endanger the health of competitors by requiring pre-bout physical examinations completed by a licensed medical doctor or doctor of osteopathy, and excluding the medically unfit from competition;
(c) Require the attendance of a medical doctor or doctor of osteopathy at ringside during the entire event;
(d) Restrict the type of blows that can be delivered and limit the time and frequency of bouts, and such other conditions recommended by medical advisors;
(e) Assure that it is illegal to strike with the elbows or knee in all instances of the contest;
(f) Assure that payment for necessary emergency care for injuries sustained in a contest in sanctioned events is available by purchasing insurance for events or requiring proof that contestants are medically insured; and
(g) Assure that all medical deductibles are the responsibility of the promoter;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:01 - Complaints authorized - Procedure following filing

Current through Register Vol. 51, page 10, July 15, 2024
A person claiming that a party has engaged or is engaging in conduct constituting grounds for disciplinary action by the Commission may file with the Commission a written complaint stating the name and address of the party complained against. The complaint must fully detail the conduct upon which the complaint is made. If the Commission determines the complaint has merit, the Commission must immediately serve by mail on the party complained against and any other affected parties a copy of the complaint. The party complained against has twenty days to answer after service of the complaint. The answer may admit, deny, qualify, or explain the allegations contained in the complaint. A Commission member, the Commission, or an agent of the Commission may file a complaint. The Commission may reject a complaint if it does not meet the requirements of this section.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:02 - Dismissal of complaint

Current through Register Vol. 51, page 10, July 15, 2024
After receipt of the answer to the complaint, after the time has expired to answer, or after having determined that no answer is necessary, the Commission must examine the complaint, any answer, and other supporting documents to determine whether the complaint has merit, is frivolous, or whether it charges conduct constituting grounds for disciplinary action. If the Commission determines that the complaint is without merit, is frivolous, or that it does not charge conduct constituting grounds for action by the Commission, the Commission must dismiss the complaint and notify in writing the complainant, the party complained against, and other affected parties, stating the reasons for dismissal. The Commission may investigate the complaint and use extrinsic evidence to determine if the complaint has merit.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:03 - Informal consultation

Current through Register Vol. 51, page 10, July 15, 2024
If the Commission considers the complaint to have merit for action, the Commission may consult with the party complained against and the parties affected in an effort to resolve the matter satisfactorily without a formal hearing. The Commission must notify in writing the complainant, the party complained against, and affected parties of the results of the informal consultation. The informal consultation does not prevent the Commission from conducting a formal hearing.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:04 - Assurance of voluntary compliance

Current through Register Vol. 51, page 10, July 15, 2024
The Commission may accept an assurance of voluntary compliance regarding any act or practice alleged to violate this article or SDCL chapter 42-12 from a person who has engaged in, is engaging in, or is about to engage in such acts or practices. The assurance must be in writing and may include a stipulation for the voluntary payment of the costs of the investigation or a monetary penalty and an amount necessary to restore to a person money or property which may have been acquired by the alleged violator because of the acts or practices. Proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this chapter. The Commission may approve, reject, or modify an assurance of voluntary compliance.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:05 - Formal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
If the Commission decides to conduct a formal hearing after a complaint has been filed, and after informal consultation, if any, the Commission shall mail a notice of hearing to the party complained against, the person making the complaint, and other affected parties.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:06 - Procedure for formal hearing

Current through Register Vol. 51, page 10, July 15, 2024
The Commission shall use the following procedure in conducting formal hearings:
(1) The Commission shall provide written notice to the party complained against by mail stating the time, place, and date of the formal hearing. The notice shall require the attendance of the party at the hearing. The notice shall be given at least ten days prior to the formal hearing;
(2) The Commission shall keep a transcript of all formal hearings and proceedings;
(3) The Commission chair may conduct the formal proceeding or the Commission may have a hearing examiner conduct the proceedings in part or in full; and
(4) The party appearing before the Commission at a formal hearing shall appear in person, unless otherwise waived by the Commission. The party and legal counsel may be present during the giving of all evidence, may have reasonable opportunity to inspect all documentary evidence, may examine and cross-examine witnesses, may present evidence in support of the party's interest, and may have subpoenas issued to compel attendance of witnesses and production of evidence on the party's behalf.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:07 - Disqualification

Current through Register Vol. 51, page 10, July 15, 2024
If the complaint was filed by a Commission member, that Commission member is disqualified from sitting at the hearing as a Commission member and from participating in the decision made by the Commission. The Commission member may appear as a witness.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:08 - Per diem and mileage

Current through Register Vol. 51, page 10, July 15, 2024
The Commission may authorize per diem and mileage for complainants, witnesses, and affected parties at informal consultations and for complainants and witnesses at formal hearings. The per diem may not exceed the amounts authorized in SDCL  19-5-1 for per diem and the mileage may not exceed the amounts authorized by §§
									5:01:02:01  and 5:01:02:02.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:09 - Final action by Commission

Current through Register Vol. 51, page 10, July 15, 2024
After hearing the evidence and reaching a decision, the Commission may dismiss the complaint or take any action or combination of actions provided for in SDCL chapter 42-12 or article 20:81. Written findings of fact, conclusions of law, and an order must be entered after the decision. The Commission may allow or require briefs of law before making its decision. The Commission's decision shall be made and entered with notice of the decision in accordance with the provisions of SDCL  1-26-23 to  1-26-25, inclusive.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:81 - ATHLETIC COMMISSION › Chapter 20:81:09 - Complaints › Section 20:81:09:10 - Action on one license or registration applies to all licenses or registrations

Current through Register Vol. 51, page 10, July 15, 2024
Any person who holds more than one license or registration issued by the Commission and is disciplined under one license or registration will be disciplined under all licenses or registrations the person holds.
General Authority:
SDCL  42-12-10.
Law Implemented:
SDCL  42-12-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:82 - GENETIC COUNSELORS › Chapter 20:82:01 - DEFINITIONS › Section 20:82:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL  36-36-1 have the same meaning when used in this article.
General Authority:
SDCL  36-36-12
Law Implemented:
SDCL  36-36-1; 36-36-2; 36-36-3
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:82 - GENETIC COUNSELORS › Chapter 20:82:02 - LICENSURE REQUIREMENTS › Section 20:82:02:01 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
The following fees for licensure as a genetic counselor shall be charged:
(1) An applicant applying for the initial license shall pay a fee of $200;
(2) An applicant for renewal of a license shall pay a fee of $100;
(3) An applicant for a temporary license shall pay a fee of $100.
General Authority:
SDCL  36-36-12
Law Implemented:
SDCL  36-36-5,  36-36-11,  36-36-9
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:82 - GENETIC COUNSELORS › Chapter 20:82:03 - ETHICS › Section 20:82:03:02 - Violations

Current through Register Vol. 51, page 10, July 15, 2024
A violation of any of the ethical standards and conduct is considered unprofessional conduct as defined by SDCL  36-36-13.
General Authority:
SDCL  36-36-12
Law Implemented:
SDCL  36-36-13
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:82 - GENETIC COUNSELORS › Chapter 20:82:03 - ETHICS › Section 20:82:03:03 - Ethical considerations

Current through Register Vol. 51, page 10, July 15, 2024
The board may utilize the annotations and opinions included in the code of ethics of the national society of genetic counselors, 2006 as guidance in determining whether a licensee has violated professional ethical standards and conduct.
General Authority:
SDCL  36-36-12
Law Implemented:
SDCL  36-36-13
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:82 - GENETIC COUNSELORS › Chapter 20:82:04 - Continuing Education › Section 20:82:04:01 - Continuing education requirements

Current through Register Vol. 51, page 10, July 15, 2024
To qualify for renewal of a license upon its expiration as prescribed in SDCL  36-36-11, an applicant for renewal must complete 25 continuing education hours annually or maintain current certification by the ABGC or ABMGG.
General Authority:
36-36-12
Law Implemented:
36-36-11
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:82 - GENETIC COUNSELORS › Chapter 20:82:04 - Continuing Education › Section 20:82:04:02 - Reporting continuing education

Current through Register Vol. 51, page 10, July 15, 2024
Each genetic counselor must sign a statement to confirm compliance with the continuing education requirements of 20:82:04:01. The signed statement must be filed with the Board at the time the genetic counselor makes application for renewal of their genetic counseling license. Upon request by the board, the genetic counselor must submit proof of completion of any continuing education units or proof of current certification by the ABGC or ABMGG.
General Authority:
SDCL  36-36-12
Law Implemented:
SDCL  36-36-11
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:83 - NUTRITION AND DIETETICS › Chapter 20:83:01 - DEFINITIONS › Section 20:83:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL  36-10B-1 have the same meaning when used in this article.
General Authority:
SDCL  36-10B-3
Law Implemented:
SDCL  36-10B-1
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:83 - NUTRITION AND DIETETICS › Chapter 20:83:02 - LICENSURE REQUIREMENTS › Section 20:83:02:01 - Fees for licensure or renewal

Current through Register Vol. 51, page 10, July 15, 2024
The following fees for licensure as a licensed nutritionist shall be charged:
(1) An applicant applying for the initial license shall pay a fee of $75;
(2) An applicant for renewal of license shall pay a fee of $35;
(3) An applicant for late renewal of a license shall pay a fee of $100;
(4) An applicant for a temporary permit shall pay a fee of $50.
General Authority:
36-10B-3
Law Implemented:
36-10B-8
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:83 - NUTRITION AND DIETETICS › Chapter 20:83:03 - ETHICS › Section 20:83:03:01 - Code of ethics

Current through Register Vol. 51, page 10, July 15, 2024
A licensee under SDCL 36-10B shall comply with the following code of ethics.
Principles
1. The practitioner conducts himself/herself with honesty, integrity, and fairness.
2. The practitioner supports and promotes high standards of professional practice. The practitioner accepts the obligation to protect clients, the public, and the profession by upholding the Code of Ethics for the Profession of Dietetics and by reporting perceived violations of the Code through the processes established by the American Dietetic Association (ADA) and its credentialing agency, the Commission on Dietetic Registration (CDR).
3. The practitioner considers the health, safety, and welfare of the public at all times. The practitioner will report inappropriate behavior or treatment of a client by another dietetics practitioner or other professionals.
4. The practitioner complies with all laws and regulations applicable or related to the profession or to the practitioners ethical obligations as described in this Code.
a. The practitioner must not be convicted of a crime under the laws of the United States, whether a felony or a misdemeanor, an essential element of which is dishonesty.
b. The practitioner must not be disciplined by a state for conduct that would violate one or more these principles
c. The practitioner must not commit an act of misfeasance of malfeasance that is directly related to the practice of the profession as determined by a court of competent jurisdiction, a licensing board, or an agency of a governmental body.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:83 - NUTRITION AND DIETETICS › Chapter 20:83:03 - ETHICS › Section 20:83:03:02 - Violations

Current through Register Vol. 51, page 10, July 15, 2024
A violation of any of the ethical standards is considered unprofessional conduct as defined by SDCL  36-10B-13.
General Authority:
SDCL  36-10B-3
Law Implemented:
SDCL  36-10B-13
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:83 - NUTRITION AND DIETETICS › Chapter 20:83:03 - ETHICS › Section 20:83:03:03 - Ethical considerations

Current through Register Vol. 51, page 10, July 15, 2024
The board may utilize the American Dietetic Association Commission on Dietetic Registration Code of Ethics for the Profession of Dietetics and Process for Consideration of Ethics Issues, 2009 as guidance in determining whether a licensee has violated professional ethical standards and conduct.
General Authority:
SDCL  36-10B-3
Law Implemented:
SDCL  36-10B-13
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:83 - NUTRITION AND DIETETICS › Chapter 20:83:04 - CONTINUING EDUCATION › Section 20:83:04:01 - Continuing education requirements

Current through Register Vol. 51, page 10, July 15, 2024
To qualify for renewal of a license upon its expiration as prescribed in SDCL chapter 36-10B-9, an applicant for renewal must complete at least fifteen hours of continuing education annually or maintain current registration by the Commission on Dietetic Registration.
General Authority:
36-10B-3 Law Implemented: 36-10B-9
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:83 - NUTRITION AND DIETETICS › Chapter 20:83:04 - CONTINUING EDUCATION › Section 20:83:04:02 - Reporting continuing education

Current through Register Vol. 51, page 10, July 15, 2024
To demonstrate compliance with the continuing education requirements, each licensee under SDCL chapter 36-10 B shall sign a statement to confirm completion of the required continuing education units each year at renewal time, and shall present proof if requested by the board. Any licensee under SDCL chapter 36-10 B who maintains current registration by the Commission on Dietetic Registration shall meet the continuing education requirements of this chapter.
General Authority:
SDCL  36-10B-3
Law Implemented:
SDCL  36-10B-9
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:01 - Definitions (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32
Law Implemented:
SDCL  36-9C-32
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:02 - Information required (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-38-27.
Law Implemented:
SDCL  36-38-7,  36-38-8,  36-38-9,  36-38-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:03 - Form of fees (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-38-27.
Law Implemented:
SDCL  36-38-8; 36-38-9, 36-38-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:04 - Fees (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-38-27.
Law Implemented:
SDCL  36-38-8; 36-38-9, 36-38-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:05 - Renewal of license-forfeiture-restoration (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-38-27.
Law Implemented:
SDCL  36-38-8,  36-38-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:06 - No refund of license fees (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-38-27.
Law Implemented:
SDCL  36-38-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:07 - Certificates (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-38-27.
Law Implemented:
SDCL  36-38-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:08 - Application disposition (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-38-27.
Law Implemented:
SDCL  36-38-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:01 - Application for licensure (Recodified) › Section 20:85:01:09 - Verification of licensure for the public (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-38-27.
Law Implemented:
SDCL  36-38-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:02 - Licensing (Recodified) › Section 20:85:02:01 - Qualifications for licensure (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(1)
Law Implemented:
SDCL  36-9C-4; 36-9C-12
Professional and Ethical Compliance Code for Behavior Analysts, 2014. Copies may be obtained from http://bacb.com/ethics-code/.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:02 - Licensing (Recodified) › Section 20:85:02:02 - Background check required (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(1)
Law Implemented:
SDCL  36-9C-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:02 - Licensing (Recodified) › Section 20:85:02:03 - Issuance of license (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(1)
Law Implemented:
SDCL  36-9C-11
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:02 - Licensing (Recodified) › Section 20:85:02:04 - Renewal of license (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(1).
Law Implemented:
SDCL  36-9C-15,  36-9C-16.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:02 - Licensing (Recodified) › Section 20:85:02:05 - Relicensure (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(1)
Law Implemented:
SDCL  36-9C-16,  36-9C-17,  36-9C-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:85 - BEHAVIOR ANALYSTS › Chapter 20:85:02 - Licensing (Recodified) › Section 20:85:02:06 - Inactive status and reactivation of license (Recodified)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(1)
Law Implemented:
SDCL  36-9C-18