South Dakota Administrative Code

Rule 02:01:08:01 Reserve officer certification. 2:01:08:01. Reserve officer certification. No person may serve as a reserve law enforcement officer without meeting the minimum standards set forth in chapter 2:01:02 and obtaining certification from the law enforcement standards an…

Rule 02:01:08:02 Time of certification. 2:01:08:02. Time of certification. A reserve law enforcement officer appointed by an appointing authority has one year from the date of appointment to obtain certification from the commission as a reserve law enforcement officer. Source: 3 …

Rule 02:01:08:03 Required training program. 2:01:08:03. Required training program. No person may be certified as a reserve law enforcement officer or perform any duties as a reserve law enforcement officer until such person has satisfactorily completed a training program approved…

Rule 02:01:08:04 Contents of mandatory training program. 2:01:08:04. Contents of mandatory training program. The training program referred to in § 2:01:08:03 shall consist of at least 100 hours of training by qualified instructors, with curriculum approved by the law enforcement …

Rule 02:01:08:04.01 Requirements for continuing education. 2:01:08:04.01. Requirements for continuing education. To maintain certification, a reserve law enforcement officer must comply with the requirements of § 2:01:06:17. Source: 33 SDR 50, effective September 26, 2006. Genera…

Rule 02:01:08:05 Transfer of certification credits not allowed. 2:01:08:05. Transfer of certification credits not allowed. If a person certified as a reserve law enforcement officer desires to be certified as a law enforcement officer all the requirements of certification as a la…

Rule 02:01:08:06 Revocation of reserve law enforcement officer certification. 2:01:08:06. Revocation of reserve law enforcement officer certification. The commission may revoke or suspend the certification of a reserve law enforcement officer for the same reasons as set forth in …

Rule 02:01:09:01 Establishing reserve law enforcement officer units. 2:01:09:01. Establishing reserve law enforcement officer units. A law enforcement agency may establish and maintain a reserve law enforcement officer unit only when certified by the commission to operate a reser…

Rule 02:01:09:02 Standards for certification. 2:01:09:02. Standards for certification. The commission shall certify a law enforcement agency to establish and maintain a reserve unit when the agency implements and maintains the training program required by §§ 2:01:08:03 and 2:01:0…

2:01:09:03. Required duty hours. A reserve law enforcement officer shall perform a minimum of ninety-six hours of duty each calendar year, or a proportionate share thereof when an appointment is for less than an entire calendar year. A reserve law enforcement officer failing to p…

2:01:09:03.01. Waiver. (Expired 3/21/2021) Source: 47 SDR 78, effective December 21, 2020 (Emergency Rule, effective December 21, 2020); Expired March 21, 2021.

Rule 02:01:09:04 Required records. 2:01:09:04. Required records. A law enforcement agency certified to establish and maintain a reserve law enforcement officer unit shall keep a record of training, duties, and hours on duty for each reserve law enforcement officer, on forms presc…

Rule 02:01:09:05 Inspection of records. 2:01:09:05. Inspection of records. A law enforcement agency shall make the records required by § 2:01:09:04 available for inspection and copying at the request of the commission. Source: 3 SDR 75, effective May 2, 1977; 26 SDR 120, effectiv…

Rule 02:01:09:06 Repealed. 2:01:09:06. Records of duty hours required.Repealed. Source: 3 SDR 75, effective May 2, 1977; repealed, 26 SDR 120, effective March 27, 2000.

Rule 02:01:09:07 Revocation of unit certification. 2:01:09:07. Revocation of unit certification. The commission may suspend or revoke the reserve unit certification of any law enforcement agency violating the provisions of chapters 2:01:07, 2:01:08, and 2:01:09 . Source: 3 SDR 75…

Rule 02:01:09:08 Repealed. 2:01:09:08. Annual reports.Repealed. Source: 3 SDR 75, effective May 2, 1977; repealed, 26 SDR 120, effective March 27, 2000.

2:01:10:01. Definitions. Terms used in this chapter mean: (1) "Commission," the Law Enforcement Standards and Training Commission codified by SDCL 23-3-28 and 23-3-30; (2) "Executive secretary," an agent of the Division of Criminal Investigation appointed by the commission; (3) "…

Rule 02:01:10:02 Additional licensing requirements. 2:01:10:02. Additional licensing requirements. In addition to the licensing requirements in SDCL 36-30-3, a person must be at least 21 years of age to receive a license as a polygraph examiner. The study requirements in SDCL 36-…

Rule 02:01:10:03 License renewal or transfer. 2:01:10:03. License renewal or transfer. An examiner's license expires on December 31 of the third year after its issuance. The license may be renewed every three years upon payment of the required fee of $75. A license issued pursuan…

Rule 02:01:10:04 Reciprocity. 2:01:10:04. Reciprocity. An applicant who is a licensed polygraph examiner in another state or territory of the United States may be issued a license if he meets the following requirements: (1) The requirements for a polygraph examiner in the other s…

Rule 02:01:10:05 Reasons for denial, suspension, or revocation of license. 2:01:10:05. Reasons for denial, suspension, or revocation of license. The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance w…

Rule 02:01:10:06 Period of license suspension or revocation. 2:01:10:06. Period of license suspension or revocation. If a license is suspended, it shall be suspended for a definite period of time, but not more than two years. If a license is revoked, it shall be revoked for not l…

Rule 02:01:10:07 Surrender of license. 2:01:10:07. Surrender of license. The licensee shall surrender a revoked or suspended license to the executive secretary within 30 days after notice of revocation or suspension. If the licensee fails to do so, the executive secretary may sei…

Rule 02:01:10:08 Nonresident court compliance. 2:01:10:08. Nonresident court compliance. An applicant for a license under SDCL 36-30 who is a nonresident of this state shall file a consent with the executive secretary stating that suits and actions may be commenced against the ap…

2:01:11:01. Revocation or suspension of certification of law enforcement officer -- Executive secretary to report. The commission may revoke or suspend the certification of a law enforcement officer who: has been convicted of or received a suspended imposition of sentence for eit…

2:01:11:02. Moral turpitude. For the purposes of this chapter, "moral turpitude" has the same meaning as in SDCL 22-1-2(25). Source: 2 SDR 37, effective November 20, 1975; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; transferred from § 2:01:02:09, 14 S…

2:01:11:03. Procedure for obtaining a complaint form and filing a complaint requesting revocation of certification of law enforcement officer. A person believing that a violation of this chapter exists may request, either orally or in writing, a complaint form from the executive …

2:01:11:04. Investigation and dismissal of complaint. Upon the filing of a complaint, the executive secretary shall conduct an investigation of the allegations in the complaint, in accordance with the commission's internal operating procedures for complaints against certified law…

Rule 02:01:11:05 Repealed. 2:01:11:05. Notice of hearing.Repealed. Source: 14 SDR 81, effective December 6, 1987; repealed, 25 SDR 34, effective September 16, 1998.

Rule 02:01:11:06 Hearing. 2:01:11:06. Hearing. The hearing on a complaint requesting the revocation or suspension of the certification of a law enforcement officer may be conducted, at the direction of the commission, by the full commission with the assistance of a hearing office…

2:01:11:07. Burden of proof. At a hearing on a complaint, the complainant has the burden of establishing grounds for the revocation or suspension through proof by clear and convincing evidence. Source: 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998…

Rule 02:01:11:08 Application for reinstatement of certification. 2:01:11:08. Application for reinstatement of certification. A person whose certification as a law enforcement officer has been revoked may, after one year, apply to the commission for reinstatement of the certificat…

2:01:11:09. Consent to decertification. A certified law enforcement officer who is subject to an investigation or pending action involving allegations of misconduct may consent to decertification. However, any ongoing investigation into allegations of misconduct will continue des…

2:01:11:10. Conduct unbecoming of a law enforcement officer. For the purpose of this chapter, "conduct unbecoming of a law enforcement officer" means the following: (1) Conduct contrary to professional standards that shows an unfitness to discharge duties, including an act of mor…

2:01:12:01. Definitions. Terms used in this chapter are defined as follows: (1) "Commission," the Law Enforcement Standards and Training Commission codified by SDCL 23-3-28 and 23-3-30; (2) "Executive secretary," an agent of the Division of Criminal Investigation appointed by the…

Rule 02:01:12:02 Additional licensing requirements. 2:01:12:02. Additional licensing requirements. In addition to the licensing requirements in SDCL 23-3-35.3, a person must be at least 21 years of age to receive a license as a CVSA examiner. The study requirements in SDCL 23-3-3…

Rule 02:01:12:03 License renewal or transfer. 2:01:12:03. License renewal or transfer. An examiner's license is for a term of three years. The license expires on December 31 of the last year that is not more than three years after its issuance. The license may be renewed upon pay…

Rule 02:01:12:04 Reciprocity. 2:01:12:04. Reciprocity. An applicant who is a licensed CVSA examiner in another state or territory of the United States may be issued a license if he meets the following requirements: (1) The requirements for a CVSA examiner in the other state or te…

Rule 02:01:12:05 Reasons for denial, suspension, or revocation of license. 2:01:12:05. Reasons for denial, suspension, or revocation of license. The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance w…

Rule 02:01:12:06 Period of license suspension or revocation. 2:01:12:06. Period of license suspension or revocation. If a license is suspended, it shall be suspended for a definite period of time, but not more than two years. If a license is revoked, it shall be revoked for not l…

Rule 02:01:12:07 Surrender of license. 2:01:12:07. Surrender of license. The licensee shall surrender a revoked or suspended license to the executive secretary within 30 days after notice of revocation or suspension. If the licensee fails to do so, the executive secretary may sei…

Rule 02:01:12:08 Nonresident court compliance. 2:01:12:08. Nonresident court compliance. An applicant for a license under SDCL chapter 23-3 who is a nonresident of this state shall file a consent with the executive secretary stating that suits and actions may be commenced against…

Rule 02:01:13:01 Definitions. 2:01:13:01. Definitions. Terms used in this chapter mean: (1) "Police service dog," a canine used by a law enforcement agency to assist a law enforcement officer in accelerant detection, drug detection, explosive detection, patrol, or scent discrimin…

Rule 02:01:13:02 Repealed. 2:01:13:02. Certification required. Repealed. Source: 31 SDR 192, effective June 9, 2005; repealed, 38 SDR 214, effective June 21, 2012. Rule 02:01:13:02.01 Certificate of qualification. 2:01:13:02.01. Certificate of qualification. The commission shall …

Rule 02:01:13:02.01 Certificate of qualification. 2:01:13:02.01. Certificate of qualification. The commission shall issue a South Dakota canine team certificate to a canine team upon the successful completion of the certification or recertification standards as required by this c…

Rule 02:01:13:03 Standards for certification as an accelerant detection canine team. 2:01:13:03. Standards for certification as an accelerant detection canine team. An accelerant detection canine team may be certified only upon: (1) Successful completion of a training program tha…

Rule 02:01:13:04 Expiration of certification as an accelerant detection canine team. 2:01:13:04. Expiration of certification as an accelerant detection canine team. Unless renewed, certification as an accelerant detection canine team expires one year and thirty days after the dat…

Rule 02:01:13:05 Standards for certification as a drug detection canine team. 2:01:13:05. Standards for certification as a drug detection canine team. A drug detection canine team may be certified by the commission only upon the successful completion of the commission's training …

Rule 02:01:13:05.01 Standards for certification as an explosive detection canine team. 2:01:13:05.01. Standards for certification as an explosive detection canine team. An explosive detection canine team may be certified by the commission only upon the successful completion of th…

Rule 02:01:13:06 Standards for certification as a patrol canine team. 2:01:13:06. Standards for certification as a patrol canine team. A patrol canine team may be certified by the commission only upon the successful completion of the commission's training program that is administ…