reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:02 - Organization and operation of the board › Section 1:15:02:02 - Officers

Current through Register Vol. 51, page 10, July 15, 2024
The officers of the board are the chair, vice chair, and the director, who is an ex officio member and the executive officer of the board.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL 1-33-28,  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:02 - Organization and operation of the board › Section 1:15:02:03 - Duties of chair

Current through Register Vol. 51, page 10, July 15, 2024
The chair shall preside at meetings of the board. The chair shall supervise all business and affairs of the board not delegated to another member or members or to personnel in the office. The chair shall sign the instruments the board has authorized to be executed and shall perform all other duties prescribed by the board.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL 1-33-28,  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:02 - Organization and operation of the board › Section 1:15:02:04 - Duties of vice chair

Current through Register Vol. 51, page 10, July 15, 2024
In the absence of the chair or in the event of death or inability or refusal to act, the vice chair shall perform the duties of the chair. When so acting, the vice chair has all the powers of the chair.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL 1-33-28,  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:02 - Organization and operation of the board › Section 1:15:02:05 - Meetings

Current through Register Vol. 51, page 10, July 15, 2024
All meetings of the board other than the regular meetings are special meetings. Special meetings may be scheduled by the chair, the board, or the director between regular board meetings and may be called for a single purpose only.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:02 - Organization and operation of the board › Section 1:15:02:06 - Notice of meetings

Current through Register Vol. 51, page 10, July 15, 2024
Notice of all meetings of the board shall be given by general news release and by written notice to persons who have requested such information. The notice shall state the purpose for which the meeting has been called. At least 10 days before a regular board meeting, the director shall send a copy of the agenda and other pertinent information to each member of the board. Copies of the agenda shall be sent to all persons who have requested them. A special meeting may be called by notifying the board members in writing at least 24 hours before the time set for the meeting.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:02 - Organization and operation of the board › Section 1:15:02:07 - Director to keep minutes and records

Current through Register Vol. 51, page 10, July 15, 2024
The director shall keep accurate minutes of all meetings of the board.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-30.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:02 - Organization and operation of the board › Section 1:15:02:08 - Records open to public

Current through Register Vol. 51, page 10, July 15, 2024
The rules and records of the board may be examined during office hours in the office of the director of the RDTN.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:03 - Site selection procedures › Section 1:15:03:01 - Geographic location

Current through Register Vol. 51, page 10, July 15, 2024
The board shall select network sites to provide service throughout the state.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:03 - Site selection procedures › Section 1:15:03:02 - Application procedures

Current through Register Vol. 51, page 10, July 15, 2024
Application for selection as a network site shall be made on a request for site proposal provided by the office of the RDTN. The applicant must address the criteria listed in §
									1:15:03:03. The application must contain responses to all questions on the request for site proposal and shall be submitted according to the schedule in the request for site proposal. A successful applicant must sign a contract with RDTN which contains the requirements for the RDTN studio.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:03 - Site selection procedures › Section 1:15:03:03 - Application review procedures

Current through Register Vol. 51, page 10, July 15, 2024
The board shall review and evaluate request for site proposals based on the following criteria, as well as on conformance to the instructions included in the request for site proposal:
(1) Appropriateness of the site:
(a) The site serves all levels of education;
(b) The application includes a marketing plan outlining how the site will market network use;
(c) The application includes a plan to accommodate the needs of education, government, and private business;
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:03 - Site selection procedures › Section 1:15:03:04 - Contracts

Current through Register Vol. 51, page 10, July 15, 2024
The contract period begins July 1 and ends June 30 each fiscal year. Contracts will automatically renew annually unless cancelled through written notice at least 30 days before expiration.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-36.
South Dakota Administrative Rules › Title 1 - Office of the Governor › Article 1:15 - Telecommunications network › Chapter 1:15:03 - Site selection procedures › Section 1:15:03:05 - Fiscal procedures

Current through Register Vol. 51, page 10, July 15, 2024
The bureau of administration shall propose network rates annually based on:
(1) Network operational costs;
(2) Capital assets;
(3) Purchases; and
(4) Network replacement and expansion plans.
A host facility shall file its studio site charges with the RDTN annually or 30 days prior to any change. Network rates and site charges must be approved annually by the RDTN. A host facility shall make monthly use rate and studio site payments to the network. Studio reimbursement to a host facility may be direct payment or use rate credit.
General Authority:
SDCL  1-33-36.
Law Implemented:
SDCL  1-33-33,  1-33-35.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:01 - Minimum standards for employment

Current through Register Vol. 51, page 10, July 15, 2024
A person may be employed or certified as a law enforcement officer only if the person:
(1) Is a citizen of the United States;
(2) Is at least 21 years of age at the time of appointment;
(3) Has fingerprints taken by a qualified law enforcement officer;
(4) Is of good moral character;
(5) Is a graduate of an accredited high school or has a high school equivalency certificate acceptable to the commission;
(6) Is examined and certified, on forms prescribed by the commission, by a licensed physician, physician assistant, or nurse practitioner to be able to perform the duties of a law enforcement officer;
(7) Is interviewed in-person by the hiring agency or its designated representative before employment. The interview must include questions to determine the person's general suitability for law enforcement service, appearance, personality, temperament, ability to communicate, and other characteristics reasonably necessary to the performance of the duties of a law enforcement officer;
(8) Has undergone a background investigation by the hiring agency that includes an inquiry into the person's driving history, criminal history, previous employment, personal references, credit reports, social media accounts, and law enforcement training records;
(9) Takes the oath of office as required by SDCL  9-14-7 or  3-1-5. The oath may be taken before the nearest available judge of a court of record;
(10) Has not unlawfully used any prescribed drug, controlled substance, or marijuana within one year before the time of application for certification; and
(11) Has not had certification revoked, suspended, consented to decertification, had an application for certification refused, committed an act in violation of chapter 2:01:11, has been dismissed from a basic law enforcement training program as a result of an act in violation of any basic academy handbook, or has been dismissed form a basic law enforcement training program due to an academic or skills failure, unless the commission upon application declares the person eligible for employment or certification.
General Authority:
SDCL  23-3-35(2).
Law Implemented:
SDCL  23-3-35(2),  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:02 - Felons to be rejected - Misdemeanants to be reviewed

Current through Register Vol. 51, page 10, July 15, 2024
No person may be employed or certified if that person has pled guilty or no contest to, or been convicted of, any offense which could have resulted in incarceration for more than one year. Any person who has pled guilty or no contest to, or been convicted of, an offense with a maximum penalty that could have resulted in incarceration of one year or less remains eligible for employment or certification unless the plea or conviction when considered along with the seriousness of the offense, time elapsed since the offense was committed, the person's conduct since the offense was committed, or other pertinent information indicates that the person should not be hired or certified.
General Authority:
SDCL  23-3-42.
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:02.01 - Exception from prohibition on employment or certification for suspended impositions of sentence

Current through Register Vol. 51, page 10, July 15, 2024
Any person seeking certification as a law enforcement officer who has received an order pursuant to § 23 A-27-13, or the equivalent in another jurisdiction, for any offense which could have resulted in incarceration for more than one year, may be declared eligible upon petition to the Commission. Upon a showing that the ends of justice, the best interest of the public and the person seeking certification are met, the Commission may declare a person eligible for employment and certification.
General Authority:
SDCL  23-3-42.
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:03.01 - Exception from prohibition on employment or certification

Current through Register Vol. 51, page 10, July 15, 2024
Any person ineligible under §
									2:01:02:02  to be hired or certified as a result of a conviction, may not be denied employment or certification as a result of that conviction if the person, based upon a proof of innocence, received a reprieve, commutation, or pardon. This section does not prohibit the consideration of a conviction or plea in determining moral character under subdivision 2:01:02:01(4).
General Authority:
SDCL  23-3-42.
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:04.01 - Notice of appointment of law enforcement officer

Current through Register Vol. 51, page 10, July 15, 2024
The hiring agency shall send the following documents to the commission within ten days after the appointment of a law enforcement officer:
(1) L.E.S. forms 3, 6, and 7 combined;
(2) Two sets of the fingerprint cards required by subdivision 2:01:02:01(3); and
(3) A copy of the officer's certificate of appointment.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:04.02 - Notice of discontinuance of employment of law enforcement officer

Current through Register Vol. 51, page 10, July 15, 2024
A law enforcement agency shall submit a completed law enforcement training resignation or termination form to the commission within ten days after a law enforcement officer ceases employment for any reason with that law enforcement agency.
General Authority:
SDCL  23-3-35(1).
Law Implemented
: SDCL  23-3-35(1).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:05 - Filing of fingerprints

Current through Register Vol. 51, page 10, July 15, 2024
Fingerprints taken under subdivision 2:01:02:01(3) shall be distributed to local, state, and national fingerprint files to disclose any criminal record.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1),  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:06 - Waiver

Current through Register Vol. 51, page 10, July 15, 2024
The commission may waive any of the requirements of §
									2:01:02:01  before the appointment of a law enforcement officer upon formal application to the commission by the law enforcement agency requesting the waiver, a showing that the requesting agency's jurisdiction includes fewer than 500 persons, and a showing that the waiver is necessary to maintain an adequate law enforcement staff in the requesting agency.
General Authority:
SDCL  23-3-42.
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:08 - Discontinuance of employment of law enforcement officer

Current through Register Vol. 51, page 10, July 15, 2024
No temporary or probationary law enforcement officer may continue such employment after a showing that he has violated any of the conditions of §
									2:01:11:01  or has been dismissed from the basic law enforcement training program pursuant to §
									2:01:06:14. Applicants who have been rejected for certification have falsified information, or have been dismissed from the basic law enforcement training program may, after one year, reapply to the commission for certification provided the reasons for rejection have been eliminated and a new application is submitted. The commission upon application by the original appointing authority may, when it determines there is good cause, allow one new application reapplying for certification prior to the expiration of one year.
General Authority:
SDCL  23-3-42.
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:02 - Minimum standards › Section 2:01:02:11 - Expiration of certification

Current through Register Vol. 51, page 10, July 15, 2024
Certification expires on the last day of the twenty-fourth calendar month following separation from law enforcement employment. Upon petition the commission may waive all or any of the basic training program for recertification of a person whose certification has expired under this provision. Certification does not expire if a certified law enforcement officer is in compliance with §
									2:01:06:17  and. prior to the last day of the twenty-fourth calendar month following separation from employment becomes reemployed as a law enforcement officer by a local, state, or tribal law enforcement agency in South Dakota.
A law enforcement officer who becomes reemployed prior to the last day of the twenty-fourth calendar month following separation from employment but has not remained in compliance with §
									2:01:06:17  may not perform the duties of a law enforcement officer until such time the law enforcement officer or employing agency provides documentation to the commission or executive secretary establishing the standards of §
									2:01:06:17  have been satisfied.
A certified law enforcement officer who becomes reemployed prior to the last day of the twenty-fourth calendar month following separation from employment may have the requirements of §
									2:01:06:17  prorated at the discretion of the executive secretary.
General Authority:
SDCL  23-3-42.
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:03 - Administration of grants and funds › Section 2:01:03:01 - Priority of use

Current through Register Vol. 51, page 10, July 15, 2024
Gifts or grants to the commission received under the authority of SDCL  23-3-37 shall be used in the administration of authorized functions of the commission in statewide law enforcement training programs conducted by the division of criminal investigation in the office of the attorney general. Any balances remaining shall be used in other approved statewide police training programs and thirdly, in local programs designed to reach the greatest number of law enforcement officers available for training.
General Authority:
SDCL  23-3-35(11).
Law Implemented:
SDCL  23-3-38.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:03 - Administration of grants and funds › Section 2:01:03:02 - Expenditure of funds

Current through Register Vol. 51, page 10, July 15, 2024
All expenses of the commission and its programs shall be paid on warrants drawn by the state auditor on vouchers approved by the chairman of the commission.
General Authority:
SDCL  23-3-35(11).
Law Implemented:
SDCL  23-3-38.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:01.01 - Rules not applicable to rule-making procedure

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in this chapter shall apply to the promulgation, amendment or repeal of rules by the commission.
General Authority:
SDCL  23-3-35(11).
Law Implemented:
SDCL  1-26-13,  23-3-35(11).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:02.01 - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
Whenever these rules require the showing, proof, finding or other demonstration of any fact upon the application of any person, such showing, proof, finding or other demonstration must be established by a preponderance of the evidence.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:03.01 - Who may file

Current through Register Vol. 51, page 10, July 15, 2024
Any person interested and affected by any of the provisions of SDCL 23-3 or the rules or orders of the commission promulgated thereunder may, if he has genuine interest in a questionable interpretation thereof, file an application for declaratory or other ruling as provided in this chapter.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-15,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:04.01 - Content of application, filing

Current through Register Vol. 51, page 10, July 15, 2024
The application shall be submitted in duplicate, identifying all parties known to the applicant by name or by class to be affected by the outcome of such ruling. The application shall also clearly identify the statute, rule or order sought to be interpreted and concisely state the factual considerations which necessitate the ruling. The applicant shall sign and verify the same to be true to the best of his knowledge and belief. The application and copy shall be filed with the executive secretary who shall immediately transmit copies thereof to the members of the commission.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:05.01 - Investigation

Current through Register Vol. 51, page 10, July 15, 2024
Except in the event of an application for declaratory ruling, the executive secretary shall conduct a thorough investigation as to the facts stated in the application.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:06.01 - Initial recommendation to be made at the option of the executive secretary

Current through Register Vol. 51, page 10, July 15, 2024
On any application, or other request permitted under these rules or SDCL 1-26, the executive secretary shall make an initial recommendation of whether to grant or deny the relief requested. Such recommendation shall be made no later than 30 days after the application has been submitted. This time limit may be extended if a written request stating good cause for such extension is granted by the chairman of the commission and written notice of such extension, including the length of the extension is given by mail, to the applicant.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-27,  1-26-29,  23-3-35(1),  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:07 - Notice of recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall send notice of his recommendation on any application by mail to the applicant, the commission members and all other interested parties. Such notice shall contain a brief statement of both the nature of the decision and the executive secretary's reasons for the decision, the procedures to follow if an interested person desires to contest the recommendation, and the place where copies of the recommendation may be obtained.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1),  23-3-35(11).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:08 - Opportunity for hearing upon any application

Current through Register Vol. 51, page 10, July 15, 2024
Thirty days after issuance of notice under §
									2:01:04:07, the executive secretary's recommendation will become the commission's final decision unless a person adversely affected or having a beneficial interest in the executive secretary's recommendation petitions the commission for a contested case hearing within such time.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-16,  1-26-18,  23-3-35(1),  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:09 - Contents of petition for contested case

Current through Register Vol. 51, page 10, July 15, 2024
A petition for a contested case hearing shall request a hearing before the commission and shall contain a statement of the petitioner's interest in the case, a statement of the relief and decision requested of the commission, a statement alleging relevant facts and issues known to the petitioner upon which be bases his request of the commission, and the signature of the petitioner or any other person who will represent the petitioner before the commission. The signature on a petition, or any other pleading, shall constitute a certificate by the signer that he has read the petition or pleading, that to the best of his knowledge, information, and belief there are good grounds to support the claim, and that it is not filed for purposes of delay.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1),  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:10 - Executive secretary may initiate contested case hearing on his recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary, if he desires, shall have the option of initiating a contested case hearing concerning his recommendation without waiting for a petition from an interested person. In such event, notice of a contested case hearing under §
									2:01:04:14  shall be given and may be in lieu of the notice specified by §
									2:01:04:07.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:11 - Executive secretary may initiate contested case hearing on an application

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may initiate a contested case hearing on an application without making an initial recommendation. The applicant shall, within 10 days, be notified of the executive secretary's decision to refer the application to a contested case hearing. The hearing may be conducted by a hearing examiner and shall be before the commission, and the notice required by §
									2:01:04:14  shall be given in addition to, or in conjunction with, the notice required by this section.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:12 - Commission members may initiate contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
Whenever two or more commission members request, in writing, a review of the executive secretary's recommendation, the executive secretary shall issue the notice required in §
									2:01:04:14.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-16,  1-26-18,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:13 - Hearing officer may hear contested cases

Current through Register Vol. 51, page 10, July 15, 2024
The chairman of the commission or any other person who is appointed by the chairman may act as a hearing examiner in all contested case hearings.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-15,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:14 - Notice of contested case hearing

Current through Register Vol. 51, page 10, July 15, 2024
At least ten days notice of a contested case hearing shall be given by the executive secretary to all interested persons including the person who filed the original application, the petitioner requesting the contested case hearing, any law enforcement officers and agencies having a beneficial interest in the executive secretary's recommendation, and all members of the commission.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-16,  1-26-17.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:15 - Intervention in contested case

Current through Register Vol. 51, page 10, July 15, 2024
The commission or hearing officer may allow any person beneficially interested in the controversy to intervene in a contested case hearing upon filing with the executive secretary, no later than the hearing date, a petition conforming to §
									2:01:04:09. Such petition in intervention shall also state which side of the controversy at issue the intervener is supporting.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-18,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:16 - Service of petition in intervention

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall, if time permits before the contested case hearing, mail copies of any duly filed petition in intervention to all parties to the contested case hearing including any beneficially interested law enforcement agency and officer, the members of the commission, and the person petitioning for the contested case hearing.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-18,  23-3-35(1),  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:04 - Procedure for commission rulings › Section 2:01:04:17 - Hearing procedure

Current through Register Vol. 51, page 10, July 15, 2024
All petitions for contested case hearings to be heard shall be upon notice and the procedure shall be as follows:
(1) Presentation by petitioners;
(2) Cross-examination of petitioners, proponents, witnesses or staff by adverse party or parties;
(3) Presentation by party or parties adverse to the issue;
(4) Cross-examination of adverse witnesses or staff by party or parties advocating the issue;
(5) Summary by advocating party; and
(6) Summary by adverse party.
The commission or hearing officer may, if practicable, recess the hearing to a subsequent date and may require the opponents and proponents to file briefs to aid in determination of the case.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(1),  23-3-35(11).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:05 - Rule-making procedure › Section 2:01:05:01.01 - Investigation of proposal, report

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall make an investigation and secure the advice and counsel of experts in the field and submit such report and recommendations to the commission within 15 days of receipt of a petition for rules.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  23-3-35(11).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:05 - Rule-making procedure › Section 2:01:05:02.01 - Consideration of a petition for rules

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall notify the petitioner of the time and place of the board meeting at which his request will be considered, and the petitioner shall be given an opportunity to be heard at the meeting.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-4,  1-26-13.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:05 - Rule-making procedure › Section 2:01:05:03.01 - Executive secretary responsible for administrative functions of rule-making process

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall be responsible for the filing of notice and proposed rules with the secretary of state, publication of the notice to the public, and the submission of copies of proposed rules to the interim rules review committee, code counsel and the attorney general. Upon adoption of rules, the executive secretary is delegated the responsibility of filing a copy of the rules adopted, certified by him as a true and correct copy, a certified statement of the fact and means of publication, and an endorsement of the attorney general's and code counsel's approval with the secretary of state.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-4,  1-26-4.1,  1-26-6.5,  23-3-35(11).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:05 - Rule-making procedure › Section 2:01:05:04.01 - Executive secretary shall hold a public hearing on proposed rules

Current through Register Vol. 51, page 10, July 15, 2024
Public hearings shall be held in a community or communities which the executive secretary selects unless the commission directs otherwise.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-4,  23-3-35(1).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:05 - Rule-making procedure › Section 2:01:05:05 - Executive secretary shall make a record of public comment for commission

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall keep accurate minutes of the oral testimony given at the public hearing, send copies of such minutes to the persons who submitted oral and written comments, and send copies of such minutes to the commission along with any written comments which are submitted.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-4,  1-26-7,  23-3-35(1).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:05 - Rule-making procedure › Section 2:01:05:06 - Emergency rules

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall file emergency rules adopted by the commission, along with the commission's statement of the existence of an emergency and the reasons for so deciding with the secretary of state.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-5,  1-26-5.1.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:05 - Rule-making procedure › Section 2:01:05:07 - Request for explanation of the adoption of a rule

Current through Register Vol. 51, page 10, July 15, 2024
A person who desires a statement from the commission of its reasons for adoption of a rule under SDCL  1-26-7.1 shall file a written request with the executive secretary describing any objections he might have. The statement shall be issued at the next regular meeting of the commission if requested no later than 30 days after adoption of the rules.
General Authority:
SDCL  23-3-35(1).
Law Implemented:
SDCL  1-26-7.1.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:01 - Training program required for permanent status

Current through Register Vol. 51, page 10, July 15, 2024
No person shall be certified as a law enforcement officer until such person has satisfactorily completed a training program approved by the commission.
General Authority:
SDCL  23-3-41.
Law Implemented:
SDCL  23-3-41.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:01.01 - Priority for training

Current through Register Vol. 51, page 10, July 15, 2024
Municipal officers, county officers, highway patrolmen, division of criminal investigation agents, and conservation officers shall have priority for certification training.
The request for certification by another type of officer shall be reviewed in accordance with Attorney General's Opinion 78-3.
General Authority:
SDCL  23-3-41.
Law Implemented:
SDCL  23-3-41.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:02 - Temporary or probationary appointment

Current through Register Vol. 51, page 10, July 15, 2024
A person qualified under chapter 2:01:02 who has not completed the training program required by §
									2:01:06:01  or whose certification has expired under §
									2:01:02:11, may be appointed on a temporary or probationary basis as a noncertified law enforcement officer for a period not to exceed twelve cumulative months. The person may not work in an enforcement capacity until the appointed person has successfully completed the state qualifying firearms course and received instruction from the appointing agency on its use of force or response to resistance policy. The commission may waive the requirement to complete the state qualifying firearms course upon written request of a law enforcement agency documenting that the appointed person is a certified officer with another agency and has successfully completed a firearms qualification course within the year prior to the appointment. In municipalities of the third class, the commission may extend the one-year temporary or probationary period for an additional year if a written request has been received by the commission from the hiring agency prior to the expiration of the first year.
General Authority:
SDCL  23-3-41,  23-3-35(3).
Law Implemented:
SDCL  23-3-35(3),  23-3-41.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:02.01 - Emergency response appointment

Current through Register Vol. 51, page 10, July 15, 2024
A person qualified under chapter 2:01:02 who has not completed the training program required by §
									2:01:06:01  may be appointed on a temporary basis as a law enforcement officer in order to provide assistance to an appointing agency under an Emergency Management Assistance Compact. An appointed person may not work in an enforcement capacity until the appointed person has received instruction from the appointing agency on its use of force or response to resistance policy. The appointed person shall be a certified officer with another law enforcement agency and shall have successfully completed a firearms qualification course within the year prior to the appointment. Proof of certification and qualification required under this section shall be provided to the Office of Law Enforcement Training.
General Authority:
SDCL  23-3-35(3),  23-3-41.
Law Implemented:
SDCL  23-3-35(3),  23-3-41.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:02.02 - Tolling of temporary or probationary appointment period

Current through Register Vol. 51, page 10, July 15, 2024
A noncertified law enforcement officer who:
(1) Has not completed twelve cumulative months of service under a temporary/probationary appointment:
(2) Separates from a law enforcement agency prior to the expiration of the officer's twelvemonth temporary or probationary period: and
(3) Is reappointed to the same agency or appointed to another agency within three years from date of first appointment-shall be charged with the amount of time served during the previous appointment(s) and allowed the remaining balance to complete the training program required by §
									2:01:06:01.
General Authority:
SDCL  23-3-41,  23-3-35(3).
Law Implemented:
SDCL  23-3-35(3),  23-3-41.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:02.03 - Temporary or probationary period reset

Current through Register Vol. 51, page 10, July 15, 2024
A person who:
(1) Separated from a law enforcement agency during the person's temporary/probationary period:
(2) Has not been employed as a noncertified law enforcement officer for three or more years from date of first appointment: and
(3) Is appointed to a South Dakota law enforcement agency. shall be allowed twelve-months to complete the training program required by §
									2:01:06:01.
General Autliority:
SDCL  23-3-41.  23-3-35(3).
Law Implemented:
SDCL 23-3-35(3). 23-3-41.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:03 - Reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
The commission may waive any portion of the training program requirement of §
									2:01:06:01, except firearms, EVOC, use of force, and the written reciprocity examination, upon formal application of a person requesting the waiver. The application must show that the person to be exempted from the training program has completed a basic law enforcement certification course of equivalent content and quality in another jurisdiction no more than two years prior to the date of the appointment or has been employed within the prior two years as a fully empowered certified law enforcement officer in another jurisdiction and has completed a basic law enforcement certification course of equivalent content and quality. The executive secretary shall administer to the applicant a written examination to determine the applicant's state of competence. Upon completion of the examination, the executive secretary or designee shall notify the applicant of the training to be completed before the applicant may be certified. After the applicant successfully completes the required training and if the applicant meets the minimum standards for certification of §
									2:01:02:01, the commission shall issue the applicant a certificate as a certified law enforcement officer.
Upon application, the Commission may grant reciprocity eligibility to any person who has completed a basic law enforcement certification course of equivalent content and quality in another jurisdiction more than two years prior to the date of the appointment, or separated as a fully empowered certified law enforcement officer in another jurisdiction more than two years prior to the date of the appointment and has completed a basic law enforcement certification course of equivalent content and quality. In determining whether to grant reciprocity eligibility. the Commission shall consider in totality the person's law enforcement experience, law enforcement training and related substantiative experience. Prior to considering reciprocity eligibility, the executive secretary shall conduct a review of the person's law enforcement experience, law enforcement training and related substantiative experience and provide a recommendation to the Commission.
General Authority:
SDCL  23-3-44.
Law Implemented:
SDCL  23-3-44.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:04 - Certificate of qualification

Current through Register Vol. 51, page 10, July 15, 2024
Upon successful completion of the training program required by §
									2:01:06:01  or the waiver of the training program under §
									2:01:06:03, and upon receipt of a statement signed by the head of the hiring agency verifying compliance with chapter 2:01:02, the commission shall issue a certificate to the law enforcement officer stating that he is a certified South Dakota law enforcement officer.
General Authority:
SDCL  23-3-35(1),  23-3-35(2),  23-3-35(3).
Law Implemented:
SDCL  23-3-35(1),  23-3-35(2),  23-3-35(3),  23-3-42,  23-3-44.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:05 - Approved basic training course

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall approve a basic training course for certification as a law enforcement officer which consists of a 520 hour curriculum of training which includes the following subject areas:
(1) Program administration;
(2) Police practices and procedures;
(3) Legal aspects;
(4) Human behavior; and
(5) Domestic abuse.
General Authority:
SDCL  23-3-35(2),  23-3-35(4),  23-3-39.4,  23-3-41.
Law Implemented:
SDCL  23-3-35(4),  23-3-39.4,  23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:05.01 - Dismissal from basic training course

Current through Register Vol. 51, page 10, July 15, 2024
A person who fails to successfully complete the basic training program due to dismissal from employment or a voluntary resignation from the basic training program, but is otherwise in compliance with the basic academy handbook at the time of dismissal or resignation, may apply to the executive secretary for reinstatement in a future basic training program so long as that individual is otherwise eligible.
General Authority:
SDCL  23-3-35(2),  23-3-35(11).
Law Implemented:
SDCL  23-3-41. 23-3-42.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:06 - Successful completion of training course

Current through Register Vol. 51, page 10, July 15, 2024
An applicant, to successfully complete the training course, must receive a passing score on all written and skills examinations administered in connection with the course. The executive secretary, at the direction of the commission, shall establish rules of internal management setting forth the passing score for each examination. The executive secretary shall, prior to the commencement of the training course, notify applicants of the level of performance that constitutes a passing score for each examination. An applicant may retake the examination within seven days of failing the examination. The executive secretary may for cause allow an applicant to retake a test at other times. An applicant may not take an examination more than twice.
General Authority:
SDCL  23-3-35(2).
Law Implemented:
SDCL  23-3-35(2),  23-3-41.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:07 - Place of training

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise stated by the executive secretary, the approved basic training course shall be conducted at the criminal justice training center in Pierre, South Dakota.
General Authority:
SDCL  23-3-35(6).
Law Implemented:
SDCL  23-3-35(6).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:01 - Law enforcement officers › Chapter 2:01:06 - Training program › Section 2:01:06:08 - Time course is conducted

Current through Register Vol. 51, page 10, July 15, 2024
The approved basic training course shall commence at such times as the executive secretary shall deem appropriate.
General Authority:
SDCL  23-3-35(1),  23-3-35(4).
Law Implemented:
SDCL  23-3-35(1),  23-3-35(4).