South Dakota Administrative Code

Rule 24:43:13:02 Repealed. 24:43:13:02. Waiver request. Repealed. Source: 35 SDR 48, effective September 10, 2008; 43 SDR 175, effective July 3, 2017.

Rule 24:44:01:01 Definitions. 24:44:01:01. Definitions. Terms used in this article mean: (1) "Benefits," expenditures paid by the school district which are not included in an instructional salary and are not paid directly to an employee, but are calculated into the cost to the sc…

Rule 24:44:01:02 Meetings--how called. 24:44:01:02. Meetings--how called. The board shall meet on call of the president. However, the president shall call a meeting upon request of at least three members. Source: 44 SDR 22, effective August 8, 2017. General Authority: SDCL 1-45-3…

Rule 24:44:01:03 Quorum of Board--majority vote required for action. 24:44:01:03. Quorum of Board--majority vote required for action. A majority of board members shall constitute a quorum for the transaction of business. To take any official action, the affirmative vote of three …

Rule 24:44:01:04 Appeal of financial penalty. 24:44:01:04. Appeal of financial penalty. The department shall notify a school district by the first Friday in October of any financial penalty owed pursuant to SDCL 13-13-73.6. The school district may appeal to the board from the imp…

Rule 24:44:01:05 Determination of violation. 24:44:01:05. Determination of violation. The board shall determine whether a school district appealing the imposition of a financial penalty under SDCL 13-13-73.6 is in violation of SDCL 13-13-73.6. The determination shall be made conc…

Rule 24:44:01:06 Factors considered. 24:44:01:06. Factors considered. If a school district appeals the imposition of a financial penalty imposed under SDCL 13-13-73.6, the board shall consider the following factors in determining whether to recommend waiver of the penalty: (1) Fi…

Rule 24:44:01:07 Appeal documentation. 24:44:01:07. Appeal documentation. A school district's application to appeal the imposition of a financial penalty shall include written documentation of the following: (1) The average teacher salary, based on data collected pursuant to SDCL…

Rule 24:44:01:08 Appeal review timeline. 24:44:01:08. Appeal review timeline. An application to appeal the imposition of a financial penalty shall be submitted before the first Friday of November using the appeal application form provided by the department. No appeal application …

Rule 24:44:01:09 Appeal of waiver denial. 24:44:01:09. Appeal of waiver denial. A school district may appeal the board's denial of an appeal of the imposition of the financial penalty under SDCL 13-13-73.6 to the secretary of education within 15 calendar days of receipt of the no…

Rule 24:44:01:10 Waiver recommendations. 24:44:01:10. Waiver recommendations. The board shall deliver appeal recommendations to the Joint Committee on Appropriations or the Interim Committee on Appropriations. The decision of the Joint Committee on Appropriations or Interim Commi…

Rule 24:50:01:01 Definitions. 24:50:01:01. Definitions. Terms used in this chapter mean: (1) "Advisory panel," a group of persons appointed by the council to review and make recommendations on grant assistance offered by the council or make recommendations on public arts policy m…

Rule 24:50:01:02 Advisory panels. 24:50:01:02. Advisory panels. The council may appoint advisory panels to review grant applications. Members of each advisory panel shall have expertise in a particular area of the arts, arts support, or administration. Panel members shall be sele…

Rule 24:50:01:03 Conflict of interest. 24:50:01:03. Conflict of interest. A council member or member of an advisory panel with a direct financial or employment interest relating to a grant application before the council or an advisory panel or with a professional, employment, or …

Rule 24:50:01:04 Eligibility requirements for individuals applying for fellowship grants. 24:50:01:04. Eligibility requirements for individuals applying for fellowship grants. An artist is eligible for fellowship grants if that artist has actively participated in the arts of Sout…

Rule 24:50:01:05 Eligibility requirements for individuals applying for project assistance. 24:50:01:05. Eligibility requirements for individuals applying for project assistance. An artist is eligible for project assistance if that artist has actively participated in the arts of S…

Rule 24:50:01:06 Eligibility requirements for organizations applying for assistance. 24:50:01:06. Eligibility requirements for organizations applying for assistance. The following types of organizations are eligible to apply for assistance: (1) Nonprofit organizations designated …

Rule 24:50:01:07 Eligibility requirements for arts organizations applying for general operating assistance. 24:50:01:07. Eligibility requirements for arts organizations applying for general operating assistance. The following types of organizations are eligible to apply for gener…

Rule 24:50:01:08 Application restrictions. 24:50:01:08. Application restrictions. Applications may not be submitted by individuals under both artist fellowship grant and project assistance categories in the same year. Source: 12 SDR 56, effective October 8, 1985. General Authorit…

Rule 24:50:01:09 Sources of matching funds. 24:50:01:09. Sources of matching funds. The sources of matching funds may be one or more of the following: (1) Income - admission revenue derived from sale of admissions, tickets, subscriptions, and memberships for events of the project…

Rule 24:50:01:10 Assistance application process. 24:50:01:10. Assistance application process. All applications for assistance shall be made on the application form approved and provided by the council for the specific program. Applicants must use the assistance application forms …

Rule 24:50:01:11 Council actions regarding applications. 24:50:01:11. Council actions regarding applications. The council may request comments and recommendations from the staff on all aspects of applications. The council may request a revised budget or project description, or bo…

Rule 24:50:01:12 Standards for review of requests for grants -- Funding decisions. 24:50:01:12. Standards for review of requests for grants -- Funding decisions. The council and any advisory panel appointed shall review service programs and project applications for assistance bas…

Rule 24:50:01:13 Duties of grantees. 24:50:01:13. Duties of grantees. In order for the payee to receive payment, the grantee or authorizing official must sign and return to the council one copy of the grant contract and attachments. The grantee shall acknowledge assistance by the…

Rule 24:50:01:14 Termination of grants. 24:50:01:14. Termination of grants. The grantee shall submit a final report in the format designated by the council within 30 days after completion of the project or program. Failure to submit a final report will prohibit future awards of c…

Rule 24:50:01:15 Pilot categories. 24:50:01:15. Pilot categories. The council may initiate pilot assistance categories which may continue for up to three years. Source: 12 SDR 56, effective October 8, 1985. General Authority:SDCL 1-22-8. Law Implemented:SDCL 1-22-5.

Rule 24:50:01:16 Prohibited uses of grant funds. 24:50:01:16. Prohibited uses of grant funds. The council may not provide assistance for the following: (1) Funding for capital improvements, except as match funds, new building construction, or endowment funds; (2) Funding to make …

Rule 24:50:01:17 Appeal of decisions. 24:50:01:17. Appeal of decisions. Appeals may be made in accordance with SDCL 1-26. A request for appeal shall be submitted to the council in writing within 45 days after notification of the council or staff decision. Source: 12 SDR 56, effec…

Rule 24:50:02:01 Definitions. 24:50:02:01. Definitions. Terms defined in SDCL 1-22-9 have the same meaning when used in this chapter. In addition, terms mean: (1) "Project advisory panel," a group of citizens established by the council to review and recommend art work for state b…

Rule 24:50:02:02 Project advisory panel. 24:50:02:02. Project advisory panel. The council shall establish a project advisory panel for each art project to recommend artists to create works of art and to recommend works of art for state buildings pursuant to SDCL 1-22-9 to 1-22-17…

Rule 24:50:02:03 Conflict of interest. 24:50:02:03. Conflict of interest. Individuals and their immediate family members planning to apply to create a work of art or who will gain monetarily from an art project are not eligible to serve on a project advisory panel or an artist ad…

Rule 24:50:02:04 Composition of project advisory panel for projects $25,000 or less. 24:50:02:04. Composition of project advisory panel for projects $25,000 or less. For an art project with a budget of $25,000 or less, the project advisory panel shall be composed of five members,…

Rule 24:50:02:05 Composition of project advisory panel for projects over $25,000 -- Appointment of artist advisory panel. 24:50:02:05. Composition of project advisory panel for projects over $25,000 -- Appointment of artist advisory panel. For an art project with a budget over $2…

Rule 24:50:02:06 Commission of art work. 24:50:02:06. Commission of art work. If the council decides to commission art work for a project, the commission must be an open competition among artists and must be widely publicized by the council through the media, council publications…

Rule 24:50:02:07 Application procedure -- Selection criteria. 24:50:02:07. Application procedure -- Selection criteria. The council shall publicize each art project through the media, council publications, and council mailing lists. An applicant artist shall submit an application…

Rule 24:52:00:01 Definitions. 24:52:00:01. Definitions. Terms defined in SDCL 1-19A-2 have the same meaning in this article. In addition, terms used in this article mean: (1) "Adverse effect," an action or condition which threatens the historical integrity of a historic property …

Rule 24:52:01:01 Donated objects as tax deductions. 24:52:01:01. Donated objects as tax deductions. Donations to the museum are tax deductible as charitable contributions for the value of the property as determined by an appraisal or receipt. The donor shall secure the appraisal.…

Rule 24:52:01:02 Conditions for accessioning objects. 24:52:01:02. Conditions for accessioning objects. Accessioning is the process of accepting and incorporating an object into a museum collection. The museum director shall approve all acquisitions. Museums may accept objects on…

Rule 24:52:01:03 Title to objects. 24:52:01:03. Title to objects. Title to all objects acquired for a museum collection shall be obtained free and clear, without restrictions on use or future disposition unless the acceptance of objects offered as gifts with mandatory restriction…

Rule 24:52:01:04 Procedure for accepting an object with mandatory restrictions. 24:52:01:04. Procedure for accepting an object with mandatory restrictions. The procedure for accepting an object with mandatory restrictions is as follows: (1) The museum director recommends acceptan…

Rule 24:52:01:05 Legal instruments of conveyance. 24:52:01:05. Legal instruments of conveyance. A legal instrument of conveyance that sets forth a complete description of the objects and the precise conditions of transfer shall accompany all gifts and purchases to the museum. The…

Rule 24:52:01:06 Permanent records. 24:52:01:06. Permanent records. The museum shall keep permanent registration records for all objects acquired. Source: 13 SDR 23, effective September 1, 1986. General Authority:SDCL 1-18C-12. Law Implemented:SDCL 1-18C-12.

Rule 24:52:02:01 Justification. 24:52:02:01. Justification. Deaccessioning is the process of permanently removing an object from a museum collection. The board may deaccession museum objects under any of the following circumstances: (1) The objects have lost their physical integr…

Rule 24:52:02:02 Procedure for deaccessioning. 24:52:02:02. Procedure for deaccessioning. The procedure for deaccessioning a collections object is as follows: (1) The museum director recommends an object for deaccessioning to the museum's collections committee; (2) The museum's c…

Rule 24:52:02:03 Deaccessioning objects with restrictions. 24:52:02:03. Deaccessioning objects with restrictions. When restrictions apply to an object being deaccessioned, the museum shall act as follows: (1) Mandatory restrictions shall be strictly observed unless deviation from…

Rule 24:52:02:04 Disposition of deaccessioned objects to certain persons prohibited. 24:52:02:04. Disposition of deaccessioned objects to certain persons prohibited. Objects may not be given, traded, or sold privately to South Dakota State Historical Society employees, South Dako…

Rule 24:52:02:05 Permanent records. 24:52:02:05. Permanent records. The museum shall maintain a permanent record of the conditions and circumstances under which objects are deaccessioned. Source: 13 SDR 23, effective September 1, 1986. General Authority:SDCL 1-19A-11. Law Impleme…

Rule 24:52:03:01 Lending museum objects. 24:52:03:01. Lending museum objects. All loans made by the museum must have the approval of the museum director. The museum may make loans only to institutions or individuals that will care for and provide security for objects. The museum …

Rule 24:52:03:02 Hazards of transporting loans. 24:52:03:02. Hazards of transporting loans. The museum director shall lend objects only when the museum director determines that the objects will not be damaged by movements involved in transporting them. Source: 13 SDR 23, effectiv…

Rule 24:52:03:03 Loan periods. 24:52:03:03. Loan periods. The museum shall loan objects for specific periods of time not to exceed one year. The museum may renew or extend the loan period. Source: 13 SDR 23, effective September 1, 1986. General Authority:SDCL 1-19A-11. Law Implem…