South Dakota Administrative Code

Rule 10:02:01:02 Appraisal of property prior to sale. 10:02:01:02. Appraisal of property prior to sale. Sections 10:02:01:02 to 10:02:01:07, inclusive, only apply to property purchased by the Department of Transportation. The sale of all real property, except property acquired fo…

Rule 10:02:01:03 Manner of sale of property -- Notice. 10:02:01:03. Manner of sale of property -- Notice. The property described in § 10:02:01:02 shall be sold only for cash either by offer at public auction or through sealed bids. The sealed bids or final offer shall be in writi…

Rule 10:02:01:04 Sale of surplus property to political subdivisions -- No notice or advertisement for bid required. 10:02:01:04. Sale of surplus property to political subdivisions -- No notice or advertisement for bid required. The Department of Transportation may make sales of p…

Rule 10:02:01:05 Disposition of money received from sale. 10:02:01:05. Disposition of money received from sale. The money received from sales shall be deposited by the Department of Transportation with the state treasurer and credited to the state highway fund. Source: 4 SDR 21, …

Rule 10:02:01:06 Conveyance of property. 10:02:01:06. Conveyance of property. On the approval of the sale of any real property by the State Transportation Commission, the conveyance of the property shall be made in the name of the state of South Dakota acting by and through the D…

Rule 10:02:01:07 Sale of property for which no bids are received. 10:02:01:07. Sale of property for which no bids are received. The secretary of the Department of Transportation may sell at private sale through negotiation without further advertising property appraised and offere…

10:02:02:01. Maximum fees chargeable. Superseded. Source: 18 SDR 62, effective October 9, 1991; 19 SDR 47, effective October 4, 1992; 20 SDR 149, effective March 22, 1994; 24 SDR 107, effective February 23, 1998; 26 SDR 89, effective January 6, 2000; 27 SDR 66, effective January …

10:02:02:02. Fees chargeable by newspapers with large circulation. Superseded. Source: 18 SDR 62, effective October 9, 1991; 19 SDR 47, effective October 4, 1992; 20 SDR 149, effective March 22, 1994; 24 SDR 107, effective February 23, 1998; 26 SDR 89, effective January 6, 2000; …

10:02:03:01. Cost information -- Criteria for exemption. Any state agency publication, pamphlet, flyer, or brochure intended for distribution to the public at large and with a total cost exceeding $100 must bear an inscription containing that information required by SDCL 5-18D-15…

10:02:03:02. Procedure for obtaining exemption. Any state agency may file a request with the commissioner of human resources and administration for exemption from the inscription required by SDCL 5-18D-15. The request shall be made on forms provided by the Bureau of Human Resourc…

Rule 10:02:04:01 Fee for placement on state bidders list. 10:02:04:01. Fee for placement on state bidders list. The fee for placement on the state bidders list is $50 for a one year period from the date of registration approval by the office of procurement management. A prospecti…

Rule 10:02:05:01 Definitions. 10:02:05:01. Definitions. Words and phrases defined in SDCL chapter 5-18A-1 have the same meaning when used in this chapter. Terms used in this chapter mean: (1) "ASHRAE," the American Society of Heating, Refrigerating, and Air Conditioning Engineers…

Rule 10:02:05:02 Repealed. 10:02:05:02. Purchases of goods under $10,000. Repealed. Source: 24 SDR 107, effective February 23, 1998; repealed, 37 SDR 111, effective December 7, 2010.

Rule 10:02:05:03 Repealed. 10:02:05:03. Purchases of services under $10,000. Repealed. Source: 24 SDR 107, effective February 23, 1998; repealed, 37 SDR 111, effective December 7, 2010.

Rule 10:02:05:04 Green Seal certified defined. 10:02:05:04. Green Seal certified defined. As used in this chapter, the term, Green Seal certified, means that the product or service is in full compliance with any of the following relevant published Green Seal environmental standar…

Rule 10:02:05:05 Ecologo certified defined. 10:02:05:05. Ecologo certified defined. As used in this chapter, the term, Ecologo certified, means that the product or service is in full compliance with any of the following relevant published Ecologo certification standards, and that…

Rule 10:02:05:06 Energy Star qualified defined. 10:02:05:06. Energy Star qualified defined. As used in this chapter, the term Energy Star qualified, means that a product earned the Energy Star label by meeting the energy efficiency requirements set forth in one of the following p…

Rule 10:02:05:07 WaterSense qualified defined. 10:02:05:07. WaterSense qualified defined. As used in this chapter, the term, WaterSense qualified, means that a product earned the WaterSense label by meeting the water efficiency requirements set forth in one of the following publi…

Rule 10:02:05:08 Procurement of environmentally preferable products. 10:02:05:08. Procurement of environmentally preferable products. Each state agency and institution shall procure environmentally preferable products whenever practicable. If an agency is procuring an environment…

Rule 10:02:05:09 Procurement of paper products and printing. 10:02:05:09. Procurement of paper products and printing. Each state agency and institution shall specify products that meet at least one of the following requirements when procuring any paper product or requesting bids …

Rule 10:02:05:10 Printed on recycled paper statement required on state printing projects. 10:02:05:10. Printed on recycled paper statement required on state printing projects. Each state printing project shall include the statement "Printed on Recycled Paper," unless the agency h…

Rule 10:02:05:11 Procurement of cleaning and maintenance products. 10:02:05:11. Procurement of cleaning and maintenance products. Each state agency and institution shall specify products that meet at least one of the following requirements when procuring any cleaning or maintenan…

Rule 10:02:05:12 Procurement of EPA registered antimicrobial products. 10:02:05:12. Procurement of EPA registered antimicrobial products. Any disinfectant, disinfecting cleaner, sanitizer, or any other antimicrobial product regulated by the Federal Insecticide, Fungicide and Rode…

Rule 10:02:05:13 Procurement of energy consuming products. 10:02:05:13. Procurement of energy consuming products. Each state agency and institution shall specify products that meet at least one of the following requirements when procuring energy consuming products: (1) Energy Sta…

Rule 10:02:05:14 Procurement of water consuming products. 10:02:05:14. Procurement of water consuming products. Each state agency or institution shall specify products that meet at least one of the following requirements when procuring water consuming products: (1) WaterSense qua…

Rule 10:02:05:15 Waiver of requirement to procure environmentally preferable products. 10:02:05:15. Waiver of requirement to procure environmentally preferable products. The head of a state agency or institution may submit a written request for waiver of the requirement to procur…

10:03:01:01. Definitions. Terms defined in SDCL 1-27-9 have the same meaning in this article. In addition, terms used in this article are defined as follows: (1) "Nonrecord materials," the materials excluded from the definition of "record" in SDCL 1-27-9(2); (2) "Petition," a wri…

Rule 10:03:01:02 Officers. 10:03:01:02. Officers. The officers of the board shall consist of a chairman and an executive secretary. Source: 8 SDR 120, effective March 21, 1982; 39 SDR 203, effective June 10, 2013. General Authority: SDCL 1-27-11.1, 1-27-16. Law Implemented: SDCL …

10:03:01:03. Terms of office. The commissioner of the Bureau of Human Resources and Administration shall serve as chairman of the board until the board designates a different chairman. The board may, at any annual or special meeting, by a majority vote, decide that the board will…

Rule 10:03:01:04 Chairman's duties. 10:03:01:04. Chairman's duties. The duties of the chairman are as follows: (1) Call all meetings; (2) Preside at meetings; (3) Sign authorizations granted by the board and other board actions; (4) Sign, for the board, the orders of the board; (…

Rule 10:03:01:05 Executive secretary's duties. 10:03:01:05. Executive secretary's duties. The duties of the executive secretary are as follows: (1) Direct and supervise the administrative activities of the board; (2) Provide a meeting place for the board; (3) Recommend scheduling…

Rule 10:03:01:06 Meetings. 10:03:01:06. Meetings. The board shall hold the annual meeting required by SDCL 1-27-19 and special meetings at the call of the chairman. The executive secretary shall serve written notice of all meetings upon each member of the board at least five days…

Rule 10:03:01:07 Quorum. 10:03:01:07. Quorum. A quorum of the board shall consist of the entire board membership. Source: 8 SDR 120, effective March 21, 1982. General Authority: SDCL 1-27-11.1, 1-27-16. Law Implemented: SDCL 1-27-11. Cross-References: Assistant attorneys general …

Rule 10:03:01:08 Action requires majority vote. 10:03:01:08. Action requires majority vote. All action of the board shall be by majority vote. Source: 8 SDR 120, effective March 21, 1982. General Authority: SDCL 1-27-11.1, 1-27-16. Law Implemented: SDCL 1-27-11.

Rule 10:03:01:09 Record of meetings. 10:03:01:09. Record of meetings. A verbatim record of all board meetings shall be made by magnetic tape recording or by a reporter through use of either a stenograph or shorthand. The executive secretary shall prepare minutes from the taped or…

Rule 10:03:02:01 Petition content requirements. 10:03:02:01. Petition content requirements. A petition to the board requesting authority for destruction shall be submitted on forms prescribed by the board and shall contain the following: (1) The date; (2) The number of pages of t…

Rule 10:03:02:02 Petitions to be filed with state records manager. 10:03:02:02. Petitions to be filed with state records manager. All petitions for destruction shall be initially filed with the state records manager. The state records manager shall approve or disapprove requested…

Rule 10:03:02:03 Executive secretary to furnish copies of petitions to board members. 10:03:02:03. Executive secretary to furnish copies of petitions to board members. The executive secretary shall furnish copies of the petitions filed with him to each member of the board at leas…

Rule 10:03:02:04 Sequence of board action. 10:03:02:04 Sequence of board action. The board shall take, but not be limited to, the following actions: (1) Provide opportunity for discussion of each petition; (2) Vote for or against granting the petition; (3) Transmit a certified co…

Rule 10:03:02:05 Authorized action by the board. 10:03:02:05. Authorized action by the board. The board may take the following actions: (1) Authorize immediate destruction of records which have no further administrative, legal, fiscal, research, or historical value or which have …

Rule 10:04:01:01 Definitions. 10:04:01:01. Definitions. Terms defined in SDCL 1-27-9 and in § 10:03:01:01 have the same meaning in this article. In addition, terms used in this article are defined as follows: (1) "Temporary records," records with retention periods of less than 50…

Rule 10:04:01:02 Agency records officer designation. 10:04:01:02. Agency records officer designation. The head of a state department, bureau, board, council, or institution is responsible for the overall coordination of records management activities within the agency. He may act …

Rule 10:04:01:03 Duties of agency records officer. 10:04:01:03. Duties of agency records officer. In accordance with the provisions of SDCL 1-27, articles 10:03, 10:04, and 24:51, the records officer designated in § 10:04:01:02 shall do the following: (1) Maintain an active, cont…

Rule 10:04:01:04 State records manager to approve purchase of microfilm systems. 10:04:01:04. State records manager to approve purchase of microfilm systems. No state agency may purchase a microfilm system or any equipment, supplies, or services prior to the approval of the state…

Rule 10:04:01:05 Relocation of micrographic equipment. 10:04:01:05. Relocation of micrographic equipment. The state records manager may relocate micrographic equipment within or between agencies or departments of the state if a potential economy or a substantial operating conveni…

Rule 10:04:02:01 Micrographic system requirements. 10:04:02:01. Micrographic system requirements. A state agency acquiring micrographics system services or operating their own micrographics system shall meet the following requirements for all records: (1) The records officer shal…

Rule 10:04:02:02 Additional micrographic requirements for long-term records. 10:04:02:02. Additional micrographic requirements for long-term records. In addition to meeting other applicable requirements in this chapter, state agencies using micrographics as a substitute for long-…