reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:10 - Preemployment inquiries about sex

Current through Register Vol. 51, page 10, July 15, 2024
A preemployment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specification, or discrimination concerning sex is unlawful unless it is based upon a bona fide occupational qualification.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:11 - Fringe benefits

Current through Register Vol. 51, page 10, July 15, 2024
The term "fringe benefits," as used in this section includes medical, hospital, accident, life insurance, and retirement benefits; profit-sharing and bonus plans; leave; and other terms, conditions, and privileges of employment. No employer may do the following:
(1) Discriminate between men and women with regard to fringe benefits. An employer may not condition benefits available to employees and their spouses and families based on the status of the employee as head of the household or principal wage earner in the family unit;
(2) Make available benefits for the wives and families of male employees if the same benefits are not made available for the husbands and families of female employees, make available benefits for the wives of male employees which are not made available for female employees, or make available benefits for the husbands of female employees which are not made available for male employees;
(3) Have a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex or which differentiates in benefits on the basis of sex.
It is not a defense under SDCL 20-13 to a charge of sex discrimination concerning benefits that the cost of such benefits is greater for one sex than the other.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10,  20-13-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:12 - Employment policies relating to pregnancy and childbirth

Current through Register Vol. 51, page 10, July 15, 2024
Written or unwritten employment policies and practices, except for insurance, shall be applied to pregnancy and childbirth on the same terms and conditions as they are applied to other temporary disabilities. No employer shall provide for child care leave which discriminates on the basis of sex.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-1(14),  20-13-10,  20-13-12.
Court Decisions:
A rule which prohibited the exclusion of group health insurance benefits for pregnancy and pregnancy-related disabilities to unmarried persons exceeded the statutory authority of the human rights commission to adopt rules, and an employer who provides such an insurance policy is not guilty of sex discrimination in violation of SDCL 20-13. (Opinion issued before the 1979 amendment of this section.)
State, Division of Human Rights, ex rel. Ewing vs Prudential Insurance Company of America
, 273 N.W. 2d 111 (Nov. 30, 1978).
A rule which prohibited the exclusion of benefits for pregnancy and pregnancy-related disabilities in a "single plan" group health insurance policy (as opposed to a "family plan" policy) exceeded the statutory authority of the human rights commission to adopt rules, and an employer who provides such an insurance policy is not guilty of sex discrimination in violation of SDCL  20-13-10. (Opinion issued before the 1979 amendment of this section.)
State ex rel. Webb vs Pierre Independent School District No. 1
, 272 N.W. 2d 306 (Dec. 7, 1978).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:10 - Discrimination because of religion or creed › Section 20:03:10:01 - Accommodation to employees' religious needs

Current through Register Vol. 51, page 10, July 15, 2024
An employer must make reasonable accommodations to the religious needs of employees and prospective employees where such accommodations can be made without undue hardship on the conduct of the employer's business.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-1(7),  20-13-1(14),  20-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:10 - Discrimination because of religion or creed › Section 20:03:10:02 - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
The employer has the burden of proving that an undue hardship makes the required accommodations to the religious needs of the employee unreasonable.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:11 - Discrimination because of origin or ancestry › Section 20:03:11:01 - National origin or ancestry

Current through Register Vol. 51, page 10, July 15, 2024
Covert practices of discrimination on the basis of national origin include the following:
(1) The use of tests in the English language or requirements that employees and applicants read, write, or speak English when English is not the person's first language or mother tongue and when English language skill is not a requirement of the work to be performed;
(2) Denial of equal opportunity to persons married to or associated with persons of a specific national origin or ancestry;
(3) Denial of equal opportunity because of membership in lawful organizations identified with or seeking to promote the interest of national groups;
(4) Denial of equal opportunity because of attendance at schools or churches commonly attended by persons of a given national origin or ancestry; and
(5) Denial of equal opportunity to persons who as a class of persons tend to fall outside national norms for height and weight when such height and weight specifications are not necessary for the performance of the work involved.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-1(7),  20-13-1(14),  20-13-10,  20-13-11,  20-13-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:05 - Rule changes.Superseded

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
1975 Session Laws, ch 16, § 24, provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:07 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person wishing the commission to issue a ruling as to the applicability to that person of any statutory provision or rule or order of the commission, may file with the commission a petition in substantially the following form:
STATE OF SOUTH DAKOTA
COMMISSION ON GAMING
Pierre, South Dakota 57501
Pursuant to the provisions of SDCL  1-26-15, I,
(name of petitioner)
of
(address of petitioner)
, am
(title or capacity of petitioner)
, and do hereby petition the South Dakota Gaming Commission for its declaratory ruling in regard to the following:
1. The state statute or South Dakota Gaming Commission -- Racing rule or order in question is: (here identify and quote the pertinent statute, rule or order).
2. The facts and circumstances which give rise to the issue to be answered by the Commission's declaratory ruling are:
3. The precise issue to be answered by the Commission's declaratory ruling is:
Dated at
(city and state)
, this ______ day of ___________, 19__.
(Signature of petitioner)
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:07.01 - Number of copies of petition for declaratory ruling or rules change

Current through Register Vol. 51, page 10, July 15, 2024
A person filing a petition for declaratory ruling or for initiation, amendment, or repeal of a rule must file an original and seven copies with the executive secretary. The executive secretary may reject the petition if it is not submitted with the required number of copies.
General Authority:
SDCL  42-7B-56.
Law Implemented:
SDCL  1-26-13,  1-26-15,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:08 - Commission action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition, the commission may request from the petitioner further information it may require to make its ruling. Following the receipt of the requested information, the commission shall issue its declaratory ruling and mail a copy to the petitioner.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:13 - Procedure before stewards or racing judges

Current through Register Vol. 51, page 10, July 15, 2024
The stewards or racing judges shall impose suspensions and fines as provided in SDCL  42-7-96. If the stewards or racing judges believe that a person has violated a rule, the procedure shall be as follows:
(1) The person shall be summoned before the board of stewards or judges. The state steward or presiding state judge shall conduct the hearing and submit all reports required because of the hearing;
(2) Written notice of the hearing shall be given to the person at the permanent address listed by the licensee. If the certified letter is claimed, unclaimed, or refused, reasonable notice is considered to be given;
(3) No penalty may be imposed until such a hearing is held;
(4) The hearing shall be held as scheduled if the summoned person after reasonable notice does not appear;
(5) If a steward or judge is disqualified for any reason, the executive secretary or, in his absence, the chief state judge or steward shall appoint a replacement judge or steward;
(6) The hearing may from time to time be recessed, but a decision must be made and announced at the conclusion of the hearing; and
(7) If a penalty or discipline is imposed under this article, all persons penalized or disciplined must be notified of their right to an appeal to the commission pursuant to §
									20:04:01:15.
General Authority:
SDCL  42-7-56(2).
Law Implemented:
SDCL  42-7-56(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:13.02 - Procedure for disqualification hearing before stewards

Current through Register Vol. 51, page 10, July 15, 2024
If the owner, trainer, or jockey of a horse that has been disqualified by the stewards desires a formal hearing before the stewards as provided by §
									20:04:28:22, the procedure for requesting such hearing shall be as follows:
(1) The request shall be in writing, signed by the person requesting the hearing and presented to the presiding steward within 48 hours of the running of the race in which the disqualification occurred;
(2) The request must set forth the reasons for requesting a hearing;
(3) The request must be accompanied by a bond in the amount of $250.00 to be forfeited in the event the person fails to appear;
(4) The stewards shall conduct a hearing within seven days of the presiding steward's receipt of the request;
(5) A copy of the stewards' written decision or order shall be signed by the presiding steward and given to the person requesting the hearing by personal service or by certified mail; and
(6) The stewards' decision or order shall constitute final agency action under §
									20:04:28:22  and may be appealed to the Commission as provided by law.
General Authority:
SDCL  42-7-56(13).
Law Implemented:
SDCL  42-7-56(13),  42-7-96.
Suspension and fines by racing judges or stewards -- Notice and hearing Appeals -- Reference to commission, SDCL  42-7-96; Stewards to determine extent of disqualification, §
											20:04:28:22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:15 - Procedure on appeal to commission

Current through Register Vol. 51, page 10, July 15, 2024
If a person disciplined under SDCL chapter 42-7 or this article desires a hearing before the commission, other than a hearing on a disqualification in the official order of finish of a race pursuant to §
									20:04:28:22, the appeal may be taken as follows:
(1) A hearing must be requested in writing and directed to the commission within 7 days after the date the penalty or discipline was imposed;
(2) The request must be signed by the person making it and must set forth the reason for the hearing request;
(3) The request must be accompanied by bond in the amount of $500;
(4) The commission shall conduct a hearing after receiving written notice of an appeal at its next regularly or specially scheduled meeting provided that the appellant can be given at least 10 days written notice of the hearing. If the 10 days notice is not given, the appeal hearing shall be scheduled at the next meeting of the commission after the notice is given;
(5) The appellant may be heard in person or represented by counsel or the appellant may submit the case in writing;
(6) An appeal from the order of the stewards or racing judges which imposes a fine or suspension pursuant to SDCL  42-7-96 may be made to the commission only and not the circuit court. It shall operate as a stay of all proceedings until the commission makes its decision;
(7) The decision of the commission is a final agency action. The decision shall be in writing, signed by the chair, attested by the executive secretary, and dated; and
(8) A certified copy shall be personally served or sent by certified or registered mail to the appellant.
General Authority:
SDCL  42-7-56,  42-7-94,  42-7-96.
Law Implemented:
SDCL  42-7-56,  42-7-94,  42-7-96.
Suspensions and fines, SDCL  42-7-96.
Informal consultation, §
											20:04:01:21.
Stewards to determine extent of disqualification, §
											20:04:28:22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:15.01 - Judicial review of commission's decision

Current through Register Vol. 51, page 10, July 15, 2024
Judicial review of the commission's final action may be had by the circuit court pursuant to SDCL chapter 1-26.
General Authority:
SDCL  1-26-30,  42-7-95.
Law Implemented:
SDCL  42-7-95.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:16 - Prohibitions on betting

Current through Register Vol. 51, page 10, July 15, 2024
No commission member, officer, agent, or employee of the commission may participate in any betting authorized by this article. This section does not prohibit betting by a commission agent or employee in the course of his lawful discharge of duties.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:17 - Service and filing

Current through Register Vol. 51, page 10, July 15, 2024
If a filing or a service of notice on the commission or executive secretary is permitted or required by this article or SDCL 42-7, the filing or notice may be delivered in person or mailed to the commission. A filing or notice is complete on the date it is received by the commission.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:18 - Commission action

Current through Register Vol. 51, page 10, July 15, 2024
The commission may take action by a mail ballot or a telephone conference call. If a telephone conference call is used, the executive secretary must participate in the call and take minutes of the commission's action. If a mail ballot is used, the results of the mail ballot must be included in the minutes. A mail ballot or conference telephone call is a meeting of the commission.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
Statute prohibiting conference calls to hear or adopt rules, SDCL  1-25-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:19 - Complaints authorized - Procedure following filing

Current through Register Vol. 51, page 10, July 15, 2024
A person claiming that a licensee has engaged or is engaging in conduct constituting grounds for disciplinary action which is not subject to the jurisdiction of a board of stewards may file with the executive secretary a written complaint stating the name and address of the licensee complained against. The complaint must fully detail the conduct upon which the complaint is made. If the executive secretary determines the complaint has merit, the executive secretary must immediately serve a copy of the complaint by mail on the licensee complained against and on any other affected parties. The licensee complained against has five days to answer after service of the complaint. If the licensee answers the complaint, the licensee must serve the answer on the commission.
A commission member, the executive secretary, or an agent of the commission may file a complaint. The executive secretary may reject a complaint if it does not meet the requirements of this section.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-27,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:20 - Dismissal of complaint

Current through Register Vol. 51, page 10, July 15, 2024
After receipt of the answer to a complaint filed under §
									20:04:01:19  after the time has expired to answer or after having determined that no answer is necessary, the executive secretary must examine the complaint, any answer, and other supporting documents to determine whether the complaint has merit or is frivolous or whether it charges conduct constituting grounds for disciplinary action. If the executive secretary determines that the complaint is without merit or is frivolous or that it does not charge conduct constituting grounds for disciplinary action, the executive secretary must dismiss the complaint and notify in writing the complainant, the licensee complained against, and other affected parties, stating the reasons for dismissal. The executive secretary may investigate the complaint and use extrinsic evidence to determine if the complaint has merit.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-27,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:21 - Informal consultation

Current through Register Vol. 51, page 10, July 15, 2024
If the executive secretary considers a complaint to have merit for disciplinary action, the executive secretary may consult with the licensee and the parties affected in an effort to resolve the matter satisfactorily without a formal hearing. The executive secretary must notify in writing the complainant, the licensee 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  42-7-56.
Law Implemented:
SDCL  1-26-27,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:22 - Assurance of voluntary compliance

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may accept an assurance of voluntary compliance regarding any act or practice alleged to violate this article or SDCL 42-7 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 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. An assurance of voluntary compliance may not be considered an admission of a violation for any purpose; however, 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 or review an assurance of voluntary compliance.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-20,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:23 - Formal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
If the executive secretary or commission decides to conduct a formal hearing after a complaint has been filed and after any informal consultation, the executive secretary must mail a formal complaint issued in the name of the commission and a notice of hearing to the licensee complained against, the person making the complaint, and other affected parties.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-29,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:24 - Contents of commission complaint

Current through Register Vol. 51, page 10, July 15, 2024
The commission complaint must contain the name of the licensee complained against, the name and address of the person making the complaint, the details of the complaint, and the date of the complaint.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-29,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:25 - Date of hearing

Current through Register Vol. 51, page 10, July 15, 2024
The hearing must be held at a time and place convenient to all of the parties concerned.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-29,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:26 - Answer

Current through Register Vol. 51, page 10, July 15, 2024
The licensee may file an answer admitting, denying, qualifying, or explaining the allegations contained in the formal commission complaint. The answer must be filed before the date of the hearing or within 20 days after the receipt of the formal commission complaint, whichever is sooner. The person serving an answer under this section must serve an original and seven copies. The executive secretary may reject the answer for failure to serve the required number of copies.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-29,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:27 - Disqualification

Current through Register Vol. 51, page 10, July 15, 2024
If the initial 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 and give advice on procedure.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-26,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:28 - 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  1-26-19.1.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:29 - Final action by commission

Current through Register Vol. 51, page 10, July 15, 2024
After hearing the evidence and reaching a decision that the complaint has been proven, the commission may revoke the license, may suspend the license for a particular period of time, may issue a public or private letter of reprimand to be placed in the file of the licensee, or may take any combination of these actions. If the complaint has not been proved, the commission must dismiss the complaint or the parts of the complaint not proved. A letter of reprimand must state the actions against which a complaint was filed with the names, dates, places, and a list of witnesses involved in the complaint. This section does not prevent the commission from compromising a formal hearing, and the commission may also allow an assurance of voluntary compliance. 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.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-20,  1-26-25,  1-26-27,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:30 - Petition for hearing

Current through Register Vol. 51, page 10, July 15, 2024
A person aggrieved by an action of the commission, its agents or employees, or the executive secretary that was taken without a hearing may, within 30 days following the date of the action, petition the commission for a hearing. The hearing must be held at a time and place convenient for the commission and the petitioner. The hearing is a contested case.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-16,  1-26-18,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:31 - Petition for review

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days after receipt of a commission decision, a party to the hearing may file with the commission a petition to review its decision. The commission, in its discretion, may deny the petition, order a rehearing, or direct other proceedings. Upon rehearing or other proceedings, the commission may affirm, reverse, or modify its earlier decision. Notice of the commission's decision on the petition to review must be served by mail on the petitioner and affected parties.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  1-26-18,  1-26-25,  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:32 - Summary suspension - Class A violation

Current through Register Vol. 51, page 10, July 15, 2024
A Class A violation includes the following:
(1) Conviction of a misdemeanor involving moral turpitude or a felony;
(2) A deliberate misstatement, deliberate omission, misrepresentation, or untruth made in an application or during the background check that was not discovered before the license was granted;
(3) Refusal to allow access to premises or records under this chapter;
(4) Failure to pay a fine imposed by the board of stewards or the commission by the deadline established in the ruling or order imposing the fine; and
(5) Failure by a licensee to pay a winning pari-mutuel ticket or failure by a multi-jurisdictional totalizator hub to allow a customer to withdraw funds from the customer's account within the time frame established in the hub's operating plan as approved by the commission.
General Authority:
SDCL  42-7-56(13).
Law Implemented:
SDCL  42-7-56(13)(14)(15)(16),  42-7-58.1,  42-7-67.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:33 - Grounds for summary suspension

Current through Register Vol. 51, page 10, July 15, 2024
The commission or the executive secretary may immediately suspend for not more than 60 days the license of a licensee who is charged with a Class A violation under this chapter; who has been charged in South Dakota with a felony; who has been charged in any other jurisdiction for a crime that would be a felony if committed in South Dakota; who has been charged with a violation of any section of SDCL chapters 22-11, 22-12 A, 22-14, 22-14A, 22-16, 22-18, 22-19, 22-22, 22-23, 22-25, 22-29, 22-30, 22-30A, 22-32, 22-33, 22-39, 22-41, 22-42, 22-42A, or 22-43; or who has been charged with the commission of any crime of violence as defined by SDCL subdivision 22-1-2(9).
General Authority:
SDCL  42-7-56(13).
Law Implemented:
SDCL  42-7-56(13),  42-7-67,  42-7-91,  42-7-93,  42-7-94.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:34 - Notice

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary must deliver a notice of suspension personally or by mail to the licensee who has been suspended. The notice must state when the suspension will begin and end and must state the reasons for the suspension.
General Authority:
SDCL  42-7-56(13).
Law Implemented:
SDCL  42-7-56(13),  42-7-67,  42-7-91,  42-7-93,  42-7-94.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:35 - Complaint required

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary must serve upon the summarily suspended licensee a formal commission complaint alleging the violation relied upon and a notice of hearing within five days after the receipt of the suspension notice by the licensee. The complaint must be heard by the commission on an expedited basis as a contested case pursuant to SDCL chapter 1-26.
General Authority:
SDCL  42-7-56(13).
Law Implemented:
SDCL  42-7-56(13),  42-7-67,  42-7-91,  42-7-93,  42-7-94.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:36 - Enforcement powers

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary or an employee or agent of the commission by direction of the executive secretary may perform the following activities:
(1) Inspect and examine, without notice, premises where pari-mutuel wagering is conducted;
(2) Without notice of hearing, seize and remove from the premises and impound any wagering equipment or supplies for the purposes of examination and inspection;
(3) At any time of the day or night, inspect, examine, and photocopy, or remove and impound all papers, books, and records of applicants and licensees and require verification of income and any matter affecting the enforcement of this title; and
(4) Investigate the conduct of each licensee, the licensee's employees, and other persons having a material involvement with a licensee or licensed establishment to assist in the enforcement of this article or SDCL chapter 42-7 or to insure that there is not involvement with a licensee or a licensed establishment by unqualified or unsuitable persons.
The commission may assign the executive secretary or other employee or agent of the commission any additional power or authority not enumerated in this section to assist the commission in the performance of its duties under SDCL chapter 42-7.
General Authority:
SDCL  42-7-56(12)(13).
Law Implemented:
SDCL  42-7-47,  42-7-56(12)(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:37 - Information to be furnished by licensee

Current through Register Vol. 51, page 10, July 15, 2024
If a change in the ownership or financial interest in a license occurs, a licensee must report to the commission the full name and address of each person, including lending agencies, who has a right to share in the pari-mutuel revenues, or who has an interest or share in the profits of a license has been pledged or hypothecated as security for a debt or deposited as a security for the performance of an act or to secure the performance of a contract of sale. The report shall be submitted within 30 days after any change in the ownership or financial interest occurs.
General Authority:
SDCL  42-7-56(12)(13).
Law Implemented:
SDCL  42-7-47,  42-7-56(12)(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:38 - Access to premises and production of records

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or licensee or an employee or agent of an applicant or licensee may not neglect or refuse to produce records or evidence or to give information on lawful demand by the commission, executive secretary, or any agent of the commission or otherwise interfere or attempt to interfere with lawful efforts by the commission or any of its agents to produce such information.
Any licensee must immediately make available for inspection by the commission, executive secretary, or an agent all papers, books, and records produced by pari-mutuel wagering and any portion of the premises where pari-mutuel wagering is conducted. A commission agent must be given immediate access to any portion of the premises of a satellite provider, satellite facility, or anywhere pari-mutuel wagering is conducted for the purpose of inspecting or examining records or documents, pari-mutuel wagering devices or equipment, or the conduct of pari-mutuel activity.
General Authority:
SDCL  42-7-56(12)(13).
Law Implemented:
SDCL  42-7-47,  42-7-56(12)(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:39 - Summoning of licensee

Current through Register Vol. 51, page 10, July 15, 2024
The commission may summon any licensee or the agents or employees of the licensee to appear to testify before the commission or its agents with regard to the conduct of the licensee or the agents or employees of the licensee. The testimony may be under oath and may embrace any matters which the commission or its agents consider relevant to the discharge of its official duties. The summoning of a licensee is a contested case pursuant to SDCL chapter 1-26. Testimony so taken may be used by the commission as evidence in any proceeding or matter then before the commission or which may later come before the commission. Failure to appear and testify fully at the time and place designated, unless excused, may constitute grounds for disciplinary action against a license held by the person summoned, the person's principal, or the person's employer.
General Authority:
SDCL  42-7-56(12)(13).
Law Implemented:
SDCL  42-7-47,  42-7-56(12)(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:40 - Preparation of exclusion list

Current through Register Vol. 51, page 10, July 15, 2024
The commission may establish a list of persons to be excluded or ejected from pari-mutuel wagering facilities in the state.
In making the determination of persons to be excluded, the commission may consult with gaming regulators in other states and countries and law enforcement agencies. The commission may exclude any person in the judgment of the commission who:
(1) Has been ordered excluded or barred from any racetrack, a pari-mutuel, or legalized gaming facility in the United States;
(2) Has been convicted of violating the racing or gaming laws of any state or any tribal government;
(3) Has a notorious or unsavory reputation that would adversely affect public confidence and trust that the pari-mutuel industry is free from criminal or corrupt influence;
(4) Has been determined to pose a threat to the state of South Dakota or to the pari-mutuel racing industry; or
(5) Has failed to disclose an interest in the ownership or management of any facility or enterprise for which the person must obtain a license from or make a disclosure to the commission.
General Authority:
SDCL  42-7-56(8)(13).
Law Implemented:
SDCL  42-7-56(8)(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:41 - Notice to excluded persons

Current through Register Vol. 51, page 10, July 15, 2024
If the name and description of any person is placed on the exclusion list, the commission shall serve notice of that action upon the person by at least one of the following means:
(1) Personal service;
(2) Certified or registered mail to the last known address of the person; or
(3) Publication in three daily newspapers in South Dakota.
A person placed upon the exclusion list may contest that action by filing a written protest with the commission and the protest shall be heard by the commission as a contested case pursuant to SDCL chapter 1-26.
General Authority:
SDCL  42-7-56(8)(13).
Law Implemented:
SDCL  42-7-56(8)(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:42 - Notice to facilities

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall provide each licensed satellite facility or other facility where pari-mutuel wagering is authorized with a copy of the list of persons to be excluded from the facility.
General Authority:
SDCL  42-7-56(8)(13).
Law Implemented:
SDCL  42-7-56(8)(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:01 - General administration › Section 20:04:01:43 - Failure to eject excluded persons

Current through Register Vol. 51, page 10, July 15, 2024
A licensee's failure or refusal to eject a person who has been placed on the exclusion list from a satellite facility or other pari-mutuel wagering facility shall constitute grounds for disciplinary action against both the individual licensee and the pari-mutuel facility.
General Authority:
SDCL  42-7-56(8)(13).
Law Implemented:
SDCL  42-7-56(8)(13).
Complaints authorized -- Procedure following filing, §
											20:04:01:19.
Dismissal of complaint, §
											20:04:01:20.
Informal consultation, §
											20:04:01:21.
Assurance of voluntary compliance, §
											20:04:01:22.
Formal proceedings, §
											20:04:01:23.
Contents of commission complaint, §
											20:04:01:24.
Date of hearing, §
											20:04:01:25.
Answer, §
											20:04:01:26.
Disqualification, §
											20:04:01:27.
Final action by commission, §
											20:04:01:29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The rules in this article apply to all persons, associations, partnerships or corporations holding or conducting a meeting, within the state of South Dakota licensed by the commission, where greyhound racing shall be permitted for any stake, purse or reward. The rules shall also apply to any participant in or patron of any such licensed meeting.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:02 - Rules apply only in state of South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
In reading the rules, unless the text otherwise requires, it shall be understood, without constant reference thereto, that they apply only in the state of South Dakota.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:03 - Conditions of licenses - Duties of licensees

Current through Register Vol. 51, page 10, July 15, 2024
Every license to hold a meeting is granted upon the condition that the licensee shall accept, observe and enforce these rules. Furthermore, it shall be the duty of each and every officer, director and every official and employee of the licensee to observe and enforce the rules.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:04 - Amendments of rules

Current through Register Vol. 51, page 10, July 15, 2024
It shall be the duty of every licensee to make himself aware of any amendments to these rules.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:06 - Jurisdiction of the commission

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall have continuing jurisdiction and control over all penalties and decisions imposed or made by them, except as otherwise provided by law.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:08 - Commission member's right to enter licensed grounds

Current through Register Vol. 51, page 10, July 15, 2024
Members of the commission and their designated representatives shall have the right of full and complete entry to any and all parts of the grounds and mutuel plants of the associations licensed to conduct greyhound racing in South Dakota.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:09 - Office in each association for commission

Current through Register Vol. 51, page 10, July 15, 2024
Each association shall provide within its grounds an office for the use of the commission and all of its officials. The office shall be at the disposal of the commission and its officials for the entire calendar year.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56(10), (13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:13 - Duty to abide by laws of South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
Every person participating in and every patron of a licensed race meeting shall abide by the laws of South Dakota and the rules of racing and accept the judge's decisions on any or all questions to which their authority extends, subject to the right of appeal to the commission.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:39 - Use of profane language prohibited - Disturbing the peace prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No person shall use improper, profane or indecent language to a racing official, or to any employee representing the commission. No person shall in any manner, or at anytime, disturb the peace or make himself obnoxious on the grounds of an association.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:40 - Purchase of pari-mutuel ticket by minor prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No minor shall be permitted to purchase or cash a pari-mutuel ticket or to be in the betting area.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:41 - Wagering by commission employees prohibited - Penalty

Current through Register Vol. 51, page 10, July 15, 2024
Wagering by commission employees is prohibited and a violation is punishable by immediate termination of employment.
General Authority:
SDCL  42-7-56(5).
Law Implemented:
SDCL  42-7-56(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:42 and 20:04:11:43 - Reinstatement procedure after suspension or license revocation. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:11 - General rules - Greyhound racing › Section 20:04:11:44.01 - Bookmaking and betting other than through mutuel department prohibited

Current through Register Vol. 51, page 10, July 15, 2024
Bookmaking and betting within the confines of a racetrack, other than through the certificate department provided therefor, is strictly prohibited.
General Authority:
SDCL  42-7-56.
Law Implemented:
SDCL  42-7-56.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:12 - Greyhound officials and personnel › Section 20:04:12:21.01 and 20:04:12:21.02 - Limits of power of judges to punish. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:12 - Greyhound officials and personnel › Section 20:04:12:52.01 and 20:04:12:52.02 - Owner's penalty for not having greyhound at weighing-in room on time. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:12 - Greyhound officials and personnel › Section 20:04:12:89.01 and 20:04:12:89.02 - Timer to declare official time of race. Repealed

Current through Register Vol. 51, page 10, July 15, 2024