South Dakota Administrative Code

Rule 01:15:02:03 Duties of chair. 1:15:02:03. Duties of chair. 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 inst…

Rule 01:15:02:04 Duties of vice chair. 1:15:02:04. Duties of vice chair. 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. Sour…

Rule 01:15:02:05 Meetings. 1:15:02:05. Meetings. 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. …

Rule 01:15:02:06 Notice of meetings. 1:15:02:06. Notice of meetings. 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 …

Rule 01:15:02:07 Director to keep minutes and records. 1:15:02:07. Director to keep minutes and records. The director shall keep accurate minutes of all meetings of the board. Source: 19 SDR 85, effective December 15, 1992. General Authority:SDCL 1-33-36. Law Implemented:SDCL 1-3…

Rule 01:15:02:08 Records open to public. 1:15:02:08. Records open to public. The rules and records of the board may be examined during office hours in the office of the director of the RDTN. Source: 19 SDR 85, effective December 15, 1992. General Authority:SDCL 1-33-36. Law Imple…

Rule 01:15:03:01 Geographic location. 1:15:03:01. Geographic location. The board shall select network sites to provide service throughout the state. Source: 19 SDR 85, effective December 15, 1992. General Authority:SDCL 1-33-36. Law Implemented:SDCL 1-33-36.

Rule 01:15:03:02 Application procedures. 1:15:03:02. Application procedures. 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 applicatio…

Rule 01:15:03:03 Application review procedures. 1:15:03:03. Application review procedures. 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) …

Rule 01:15:03:04 Contracts. 1:15:03:04. Contracts. 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. Source: 19 SDR 85, effective December 15…

1:15:03:05. Fiscal procedures. The bureau of human resources and 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 …

2:01:02:01. Minimum standards for employment. 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 twenty-one years of age at the time of appointment; (3) Has fingerprints taken by a qualifie…

Rule 02:01:02:02 Felons to be rejected -- Misdemeanants to be reviewed. 2:01:02:02. Felons to be rejected -- Misdemeanants to be reviewed. 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 re…

02:01:02:02.01. Exception from prohibition on employment or certification for suspended impositions of sentence. Any person seeking certification as a law enforcement officer who has received an order pursuant to SDCL 23A-27-13, or the equivalent in another jurisdiction, for any …

Rule 02:01:02:03 Repealed. 2:01:02:03. Training in service, condition of employment.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975. Rule 02:01:02:03.01 Exception from prohibition on employment or certification. 2:01:02:03.01. Exception from…

Rule 02:01:02:03.01 Exception from prohibition on employment or certification. 2:01:02:03.01. Exception from prohibition on employment or certification. 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 …

Rule 02:01:02:04 Transferred. 2:01:02:04. Transferred to §§ 2:01:02:06 and 2:01:06:03. Rule 02:01:02:04.01 Notice of appointment of law enforcement officer. 2:01:02:04.01. Notice of appointment of law enforcement officer. The hiring agency shall send the following documents to th…

Rule 02:01:02:04.01 Notice of appointment of law enforcement officer. 2:01:02:04.01. Notice of appointment of law enforcement officer. The hiring agency shall send the following documents to the commission within ten days after the appointment of a law enforcement officer: (1) L.…

2:01:02:04.02. Notice of discontinuance of employment of law enforcement officer. A law enforcement agency shall submit a completed law enforcement resignation or termination form to the commission within ten days after a law enforcement officer ceases employment for any reason w…

Rule 02:01:02:05 Filing of fingerprints. 2:01:02:05. Filing of fingerprints. Fingerprints taken under subdivision 2:01:02:01(3) shall be distributed to local, state, and national fingerprint files to disclose any criminal record. Source: 2 SDR 37, effective November 20, 1975; 11 …

Rule 02:01:02:06 Waiver. 2:01:02:06. Waiver. 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 requ…

Rule 02:01:02:07 Transferred. 2:01:02:07. Transferred to § 2:01:11:01.

2:01:02:08. Discontinuance of employment of law enforcement officer. No temporary or probationary law enforcement officer may continue as an officer after a showing that the officer has violated any of the conditions of § 2:01:11:01 or has been dismissed from the basic law enforc…

Rule 02:01:02:09 Transferred. 2:01:02:09. Transferred to § 2:01:11:02.

Rule 02:01:02:10 Transferred. 2:01:02:10. Transferred to § 2:01:11:09.

2:01:02:11. Expiration of certification. Certification expires on the last day of the twenty-fourth calendar month following separation from law enforcement employment. Upon application the Law Enforcement Officers Standards and Training Commission may waive all or any of the bas…

Rule 02:01:03:01 Priority of use. 2:01:03:01. Priority of use. 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 …

Rule 02:01:03:02 Expenditure of funds. 2:01:03:02. Expenditure of funds. 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. Source: SL 1975, ch 16, § 1; 2 SDR 37, effective N…

Rule 02:01:04:01 Repealed. 2:01:04:01. Informal procedure.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975. Rule 02:01:04:01.01 Rules not applicable to rule-making procedure. 2:01:04:01.01. Rules not applicable to rule-making procedure. Nothi…

Rule 02:01:04:01.01 Rules not applicable to rule-making procedure. 2:01:04:01.01. Rules not applicable to rule-making procedure. Nothing in this chapter shall apply to the promulgation, amendment or repeal of rules by the commission. Source: 2 SDR 37, effective November 20, 1975.…

Rule 02:01:04:02 Repealed. 2:01:04:02. Place of filing, investigations.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975. Rule 02:01:04:02.01 Burden of proof. 2:01:04:02.01. Burden of proof. Whenever these rules require the showing, proof, fin…

Rule 02:01:04:02.01 Burden of proof. 2:01:04:02.01. Burden of proof. 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 prepon…

Rule 02:01:04:03 Repealed. 2:01:04:03. Formal matters, commission determination.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975. Rule 02:01:04:03.01 Who may file. 2:01:04:03.01. Who may file. Any person interested and affected by any of the …

Rule 02:01:04:03.01 Who may file. 2:01:04:03.01. Who may file. 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 a…

Rule 02:01:04:04 Repealed. 2:01:04:04. Rules, petition for change.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975. Rule 02:01:04:04.01 Content of application, filing. 2:01:04:04.01. Content of application, filing. The application shall be su…

Rule 02:01:04:04.01 Content of application, filing. 2:01:04:04.01. Content of application, filing. 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 sha…

Rule 02:01:04:05 Transferred. 2:01:04:05. Transferred to § 2:01:05:01.01. Rule 02:01:04:05.01 Investigation. 2:01:04:05.01. Investigation. Except in the event of an application for declaratory ruling, the executive secretary shall conduct a thorough investigation as to the facts …

Rule 02:01:04:05.01 Investigation. 2:01:04:05.01. Investigation. 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. Source: SL 1975, ch 16, § 1; transferred from §…

Rule 02:01:04:06 Transferred. 2:01:04:06. Transferred to § 2:01:04:17. Rule 02:01:04:06.01 Initial recommendation to be made at the option of the executive secretary. 2:01:04:06.01. Initial recommendation to be made at the option of the executive secretary. On any application, or…

Rule 02:01:04:06.01 Initial recommendation to be made at the option of the executive secretary. 2:01:04:06.01. Initial recommendation to be made at the option of the executive secretary. On any application, or other request permitted under these rules or SDCL 1-26, the executive …

Rule 02:01:04:07 Notice of recommendation. 2:01:04:07. Notice of recommendation. 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…

Rule 02:01:04:08 Opportunity for hearing upon any application. 2:01:04:08. Opportunity for hearing upon any application. 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 a…

Rule 02:01:04:09 Contents of petition for contested case. 2:01:04:09. Contents of petition for contested case. 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…

Rule 02:01:04:10 Executive secretary may initiate contested case hearing on his recommendation. 2:01:04:10. Executive secretary may initiate contested case hearing on his recommendation. The executive secretary, if he desires, shall have the option of initiating a contested case …

Rule 02:01:04:11 Executive secretary may initiate contested case hearing on an application. 2:01:04:11. Executive secretary may initiate contested case hearing on an application. The executive secretary may initiate a contested case hearing on an application without making an ini…

Rule 02:01:04:12 Commission members may initiate contested case hearing. 2:01:04:12. Commission members may initiate contested case hearing. Whenever two or more commission members request, in writing, a review of the executive secretary's recommendation, the executive secretary …

Rule 02:01:04:13 Hearing officer may hear contested cases. 2:01:04:13. Hearing officer may hear contested cases. 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. Source: SL 1975, ch 1…