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U.S. State Codes
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South-Dakota
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Title 1 - State Affairs and...
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Chapter 26 - Administrative Procedure and Rules
Chapter 26 - Administrative Procedure and Rules
§ 1-26-1 Definition of terms.
§ 1-26-1.1 Interim Rules Review Committee created--Composition--Appointments--Terms of office--Vacancies.
§ 1-26-1.2 Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary.
§ 1-26-1.3 Delegation of duties by director.
§ 1-26-2 Agency materials available for public inspection--Derogatory materials.
§ 1-26-2.1 Small business impact statements--Content.
§ 1-26-2.2 Repealed.
§ 1-26-3 Repealed.
§ 1-26-4 Notice, service, and hearing required for adoption, amendment, or repeal of rules--Service on interim rules committee--Waiver of service.
§ 1-26-4.1 Notice of hearing on proposed rule--Contents--Publication--Mailing.
§ 1-26-4.2 Fiscal note submitted with proposed rule--Fiscal note of bureau--Transmitting copies.
§ 1-26-4.3 Rule review by Interim Rules Review Committee before filing_Time limits.
§ 1-26-4.4 Time for promulgation of rules after passage of legislative authority.
§ 1-26-4.5 Validation of prior notices of hearings--Limitation on enforcement of vested rights affected.
§ 1-26-4.6 Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under § 1-26-4.1.
§ 1-26-4.7 Reversion to step in adoption procedure.
§ 1-26-4.8 Fee increase in proposed rule--Agency financial resource information--Submission to review committee.
§ 1-26-4.9 Authority of Interim Rules Review Committee.
§ 1-26-4.10 Resubmission of amended rule to review committee--Hearing not required.
§ 1-26-5 Notice of proposed emergency rule--Service--Use of emergency rule adoption procedure.
§ 1-26-5.1 Temporary suspension by emergency rule--Reversion of amended rule to original form.
§ 1-26-5.2 Repealed.
§ 1-26-6 Completion of adoption of rule or change in rules.
§ 1-26-6.1 Restriction on incorporation of statutory material.
§ 1-26-6.2 Uniform style for rules--Required contents.
§ 1-26-6.3 Notice that rules do not conform--Redrafting and filing required.
§ 1-26-6.4 Repealed.
§ 1-26-6.5 Review by director--Notice to agency of need for change.
§ 1-26-6.6 Incorporation by reference to generally available materials--Description--Reference note--Identification of agency and rule.
§ 1-26-6.7 Procedure for amendment, suspension or repeal of rules.
§ 1-26-6.8 Rules unenforceable until properly adopted.
§ 1-26-6.9 Licensing board or commission fees--Criteria and limitation.
§ 1-26-6.10 Restriction of licensee's right or privilege to carry or possess pistol prohibited.
§ 1-26-7 Records retained--Copies--Public inspection of current rules.
§ 1-26-7.1 Agency's statement of reasons for adoption or rejection of rule.
§ 1-26-8 Effective date of rules--Emergency rules.
§ 1-26-8.1 Retroactive effect of acts prohibiting certain rules--Repealed or unconstitutional statutes--Effect of transfer of rule-making authority to another agency.
§ 1-26-8.2 Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule.
§ 1-26-8.3 Retroactive effect of rule--Burden of proving authority or necessity.
§ 1-26-9 Transferred.
§ 1-26-10 Repealed.
§ 1-26-11 Pamphlet publication of rules--Supervision.
§ 1-26-12 Distribution and sale of publications and copies of rules.
§ 1-26-12.1 List of rules and organizational statements.
§ 1-26-13 Petition for rules--Denial or initiation of proceedings--Copies to Interim Rules Committee and director.
§ 1-26-13.1 Service complete when deposited in mail.
§ 1-26-14 Declaratory judgment on rules.
§ 1-26-15 Declaratory rulings by agencies.
§ 1-26-16 Notice and hearing required in contested cases.
§ 1-26-16.1 Repealed.
§ 1-26-17 Contents of notice in contested cases.
§ 1-26-17.1 Intervention in contested case by person with pecuniary interests.
§ 1-26-18 Rights of parties at hearings on contested cases--Summary disposition of certain cases.
§ 1-26-18.1 , 1-26-18.2. Repealed.
§ 1-26-18.3 Request to use Office of Hearing Examiners in certain contested cases.
§ 1-26-19 Rules of evidence in contested cases.
§ 1-26-19.1 Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena.
§ 1-26-19.2 Depositions of witnesses.
§ 1-26-20 Agreed disposition of contested cases.
§ 1-26-21 Contents of record in contested cases.
§ 1-26-22 Transcript in contested cases--Minutes in lieu of transcript.
§ 1-26-23 Basis for findings in contested cases.
§ 1-26-24 Tentative or proposed decision served on parties--Contents--Waiver.
§ 1-26-25 Form, contents and notice of decisions, orders and findings.
§ 1-26-26 Ex parte communications by agency personnel in contested cases--Investigating officer disqualified from decision making--Authorized communications.
§ 1-26-27 License proceeding treated as contested case.
§ 1-26-28 Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination.
§ 1-26-29 Notice and hearing required for revocation or suspension of license--Emergency suspension.
§ 1-26-29.1 Costs of disciplinary hearing.
§ 1-26-30 Right to judicial review of contested cases--Preliminary agency actions.
§ 1-26-30.1 Right of appeal when agency fails to act in contested case.
§ 1-26-30.2 Appeal from final action in contested case.
§ 1-26-30.3 Conduct of appeals.
§ 1-26-30.4 Scope of sections on appeals to circuit courts.
§ 1-26-30.5 Suspension of sections on appeals to circuit courts.
§ 1-26-31 Notice of appeal--Time for service and filing.
§ 1-26-31.1 Venue of appeal.
§ 1-26-31.2 Contents of notice of appeal.
§ 1-26-31.3 Change of venue.
§ 1-26-31.4 Contested cases--Statement of issues on appeal.
§ 1-26-32 When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61.
§ 1-26-32.1 Procedural rules applied.
§ 1-26-32.2 Request for transcript--Waiver by failure to request.
§ 1-26-32.3 Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.
§ 1-26-32.4 Form of transcript--Number of copies--Certification.
§ 1-26-33 Record transmitted to circuit court--Limitation of record--Corrections and additions.
§ 1-26-33.1 Transferred.
§ 1-26-33.2 Time for serving briefs.
§ 1-26-33.3 Brief of appellant--Contents.
§ 1-26-33.4 Brief of appellee--Contents.
§ 1-26-33.5 Repealed.
§ 1-26-33.6 Speedy hearing and determination.
§ 1-26-34 Circuit court may order agency to take additional evidence.
§ 1-26-35 Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary.
§ 1-26-36 Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs.
§ 1-26-36.1 Appellee's right to obtain review.
§ 1-26-37 Appeal to Supreme Court.
§ 1-26-38 Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.
§ 1-26-38.1 Amendment as provisional--Subject to suspension--Effect.
§ 1-26-39 Repealed.
§ 1-26-40 Severability of provisions.
§ 1-26-41 Citation of chapter.