South Dakota Administrative Code

20:86:05:01. Board action in general. Repealed. Source: 45 SDR 31, effective September 10, 2018; 48 SDR 60, 2021.

20:86:05:02. Transferred to § 20:86:02:07.

20:86:05:03. Transferred to § 20:86:02:08.

20:86:05:04. Transferred to § 20:86:02:09.

20:86:05:05. Disciplinary complaints. Repealed. Source: 45 SDR 31, effective September 10, 2018; 48 SDR 60, effective December 5, 2021.

20:86:05:06. Transferred to § 20:86:02:10.

20:86:05:07. Disciplinary procedures. Repealed. Source: 45 SDR 31, effective September 10, 2018; 48 SDR 60, effective December 5, 2021.

20:86:05:08. Procedures referred for formal hearing. Repealed. Source: 45 SDR 31, effective September 10, 2018; 48 SDR 60, effective December 5, 2021.

20:86:05:09. Transferred to § 20:86:02:11.

20:86:05:10. Transferred to § 20:86:02:12.

20:86:05:11. Transferred to § 20:86:02:13.

20:86:05:12. Transferred to § 20:86:02:14.

20:86:05:13. Transferred to § 20:86:02:15.

20:86:05:14. Transferred to § 20:86:02:16.

20:86:05:15. Transferred to § 20:86:02:17.

20:86:05:16. Transferred to § 20:86:02:18.

20:86:05:17. Transferred to § 20:86:02:19.

20:86:05:18. Board hearings -- Procedure. Repealed. Source: 45 SDR 31, effective September 10, 2018; 48 SDR 60, effective December 5, 2021.

20:86:05:19. Appeal from board rulings or decisions. Repealed. Source: 45 SDR 31, effective September 10, 2018; 48 SDR 60, effective December 5, 2021.

Rule 22:01:01:01 Definitions. 22:01:01:01. Definitions. Terms used in this article mean: (1) "CLERP," the county legal expense relief program established by SDCL 7-16B; (2) "Board," the County Legal Expense Relief Program Board; (3) "Fund," the county legal expense relief program…

Rule 22:01:01:02 Board meetings -- Majority vote required. 22:01:01:02. Board meetings -- Majority vote required. Board meetings are subject to call by the board chair. Interested individuals or member counties may contact the South Dakota Association of County Commissioners or a…

Rule 22:01:01:03 Conflict of interest. 22:01:01:03. Conflict of interest. If a claim for reimbursement is submitted from a board member's county, that board member may participate in the discussion concerning the claim but may not participate in the board's final vote for approva…

Rule 22:01:01:04 Population -- Federal census. 22:01:01:04. Population -- Federal census. The percent of total state population of each participating county used in the formula to calculate the county share of fund reimbursement is determined by the figures in Appendix A at the e…

Rule 22:01:01:05 Assessed values factored to 100 percent. 22:01:01:05. Assessed values factored to 100 percent. The percent of full and true assessed value of participating counties is current year assessed values as contained in the annual statistical report published by the Dep…

Rule 22:01:02:01 Submission of claims. 22:01:02:01. Submission of claims. A member county requesting reimbursement from the CLERP fund shall submit an application for reimbursement to the board on forms provided by the board. In addition to the application, a county shall provide…

Rule 22:01:02:02 Claim approval process. 22:01:02:02. Claim approval process. The board shall return an application for reimbursement containing insufficient information or evidence to the county for completion and resubmission. After receipt of the county's application and suppo…

Rule 22:01:02:03 Reasons for denial of claims. 22:01:02:03. Reasons for denial of claim. The board shall deny a county's claim for reimbursement for any of the following reasons: (1) The county has not paid its CLERP quarterly assessment; (2) The county has not paid the first $25…

Rule 22:01:02:04 Eligible pretrial expenses. 22:01:02:04. Eligible pretrial expenses. Ninety percent of the amount in excess of $25,000 for pretrial expenses to a member county is eligible for application for reimbursement if an actual trial does not occur because of a guilty ple…

Rule 22:01:02:05 Eligible trial expenses after county withdrawal. 22:01:02:05. Eligible trial expenses after county withdrawal. Original trial expenses are eligible for reimbursement after a county withdraws from the county legal expense relief program if the incident resulting i…

Rule 22:01:02:06 Ineligible expenses. 22:01:02:06. Ineligible expenses. Customary office, salary, and per diem expenses of law enforcement officers, court officials, or other persons paid by county funds through the annual budgeting process for payroll and office expense are not …

Rule 22:01:02:07 Trial expenses for incidents which occur before effective date of participation. 22:01:02:07. Trial expenses for incidents which occur before effective date of participation. Trial expenses relating to incidents which occur before the effective date that a county…

Rule 22:01:02:08 Fund repayment when county recovers costs. 22:01:02:08. Fund repayment when county recovers costs. If a participating county receives a CLERP reimbursement to cover legal expenses and that county subsequently recovers all or part of those costs from either the de…

Rule 22:01:03:01 County request to join -- Beginning date. 22:01:03:01. County request to join -- Beginning date. A county wishing to join the CLERP must notify the board, in writing, by July 31. If approved as a participating county, the county may not begin participating before…

Rule 22:01:03:02 Notice of approval to participate. 22:01:03:02. Notice of approval to participate. The board shall review the requests submitted under § 22:01:03:01 and shall notify the requesting county, in writing, of its approval status by September 1. If the county's request…

Rule 22:01:03:03 Reasons for denial of request to participate. 22:01:03:03. Reasons for denial of request to participate. The board may deny a county's request to participate in the CLERP for any of the following reasons: (1) The county has failed to pay any portion of a previous…

Rule 22:01:03:04 Automatic renewal of participation. 22:01:03:04. Automatic renewal of participation. Once approved as a participating county, the county is a participating county for successive calendar years until the January 1 after the county submits a withdrawal request acco…

Rule 22:01:03:05 Request for withdrawal -- Effective date. 22:01:03:05. Request for withdrawal -- Effective date. A participating county wishing to withdraw from the CLERP shall submit a withdrawal request to the board by July 31. Counties submitting withdrawal requests are remov…

Rule 22:01:03:06 Counties withdrawing -- Responsibility for claims. 22:01:03:06. Counties withdrawing -- Responsibility for claims. A county requesting withdrawal from the program is responsible for its proportionate share of all claims, including claims on appeals, resulting fro…

Rule 22:01:03:07 Reapplication. 22:01:03:07. Reapplication. A county which has withdrawn from participation in the CLERP and wishes to again participate must comply with § 22:01:03:01. To receive board approval, the county may not have arrearages due the CLERP fund from previous …

Rule 22:01:03:08 Appeal procedure. 22:01:03:08. Appeal procedure. Decisions rendered by the CLERP board which are adverse to a county is a contested case and may be appealed pursuant to the provisions of chapter 1-26. Notice of adverse decisions shall be sent by certified mail, w…

Rule 22:02:01:01 Definitions. 22:02:01:01. Definitions. Terms used in this article mean: (1) "CCPR," the catastrophic county poor relief program established by SDCL 28-13A; (2) "Board," the Board of Catastrophic County Poor Relief; (3) "Association," the South Dakota Association …

Rule 22:02:01:02 County request to participate -- Beginning date of participation. 22:02:01:02. County request to participate -- Beginning date of participation. A county wishing to participate in the CCPR program must notify the board, in writing, by July 31. If approved as a pa…

Rule 22:02:01:03 Notice of approval to participate. 22:02:01:03. Notice of approval to participate. The board and association shall review the requests submitted under § 22:02:01:02 and shall notify the requesting county, in writing, of its approval status by September 1. If the …

Rule 22:02:01:04 Reasons for denial of request to participate. 22:02:01:04. Reasons for denial of request to participate. The board may deny a county's request to participate in the CCPR program for any of the following reasons: (1) The county has failed to pay any portion of a p…

Rule 22:02:01:05 Automatic renewal of participation. 22:02:01:05. Automatic renewal of participation. Once approved as a participating county, the county is a participating county for successive calendar years until the January 1 after the county submits a withdrawal request acco…

Rule 22:02:01:06 Request for withdrawal -- Effective date of withdrawal. 22:02:01:06. Request for withdrawal -- Effective date of withdrawal. A participating county wishing to withdraw from the CCPR program shall submit a withdrawal request to the board by July 31. Counties submi…

Rule 22:02:01:07 Reapplications. 22:02:01:07. Reapplications. A county which has withdrawn from participation in the CCPR program and wishes to again participate shall comply with § 22:02:01:02. To receive board approval, the county may not have any arrearages due the CCPR fund f…

Rule 22:02:01:08 Review procedure. 22:02:01:08. Review procedure. When the board renders an adverse decision under this article, it shall notify the county concerned within 10 working days after the decision is rendered. Notification shall be by certified mail. A county wishing t…

Rule 22:02:02:01 Board meetings. 22:02:02:01. Board meetings. Board meetings are subject to call. Interested individuals must contact the association or a CCPR board member to request a meeting with the board. Source: 11 SDR 144, effective May 2, 1985; 19 SDR 76, effective Novemb…

Rule 22:02:02:02 Board member conflict of interest. 22:02:02:02. Board member conflict of interest. If a claim for reimbursement is submitted from a board member's county, that board member may participate in the discussions concerning the claim but may not participate in the boa…