South Dakota Administrative Code

24:80:02:12. Exemption. A school district is not required to comply with §§ 24:80:02:01 through 24:80:02:11, if: (1) The school district posts on its website in a conspicuous place a statement regarding its decision not to comply with §§ 24:80:02:01 through 24:80:02:11; and (2) T…

24:80:03:01. Permissive district policy. A school district may adopt policies to permit the administration and storage of medical cannabis by school personnel on or in school property or at a school-sponsored activity. The school district may adopt policies regarding the reasonab…

24:80:03:02. District Policy--Requirements. If a school district adopts the policies detailed in § 24:80:03:01, the policies shall include the following provisions: (1) The student's parent or legal guardian shall deliver the student's medical cannabis in a container that contain…

Rule 31:01:01:01 Definitions. 31:01:01:01. Definitions. Words used in this article mean: (1) "Btu," British thermal unit; the amount of heat required to raise the temperature of one pound of water one degree Fahrenheit at or near 39.2 degrees F; (2) "Btu/sqft/yr," Btu per square …

Rule 31:01:02:01 Technical analysis required. 31:01:02:01. Technical analysis required. An application for an energy conservation loan must be accompanied by a technical analysis. The technical analysis for a governmental; commercial, including a multiple-family apartment buildin…

Rule 31:01:02:02 Qualifications of technical analyst. 31:01:02:02. Qualifications of technical analyst. To be qualified to conduct the technical analysis required by this article, a technical analyst must meet the following requirements: (1) Be a professional engineer or architec…

Rule 31:01:02:03 Report required. 31:01:02:03. Report required. A qualified technical analyst shall submit the results of a technical analysis in writing in a format provided by the office. The report must, as a minimum, include the following: (1) A description and engineering an…

Rule 31:01:03:01 Eligibility. 31:01:03:01. Eligibility. The following classes of applicants are eligible to apply for loans: (1) Local government subdivisions; (2) Public and private nonprofit organizations; (3) Commercial establishments; and (4) Private individuals. Source: 14 S…

Rule 31:01:03:02 Criteria for energy conservation loans. 31:01:03:02. Criteria for energy conservation loans. Energy conservation projects for which the loans are desired must meet the following criteria: (1) The building in which the measures are being installed must be in South…

Rule 31:01:03:03 Conditions and limitations. 31:01:03:03. Conditions and limitations. Loans are made subject to the following conditions and limitations: (1) Interest shall be charged at the rate of three percent per year on the unpaid balance and shall begin accruing on the date…

Rule 31:01:03:04 Application procedures. 31:01:03:04. Application procedures. At the time the office announces the availability of funds it shall designate which classes set out in § 31:01:03:01 are eligible to apply for those funds and the deadline date for applications. Applica…

Rule 31:01:03:05 Application review. 31:01:03:05. Application review. In addition to consideration of the criteria listed in § 31:01:03:02 and the conditions and limitations listed in § 31:01:03:03, application review shall consist of the following two phases: (1) The administrat…

Rule 31:01:03:06 Loan approval. 31:01:03:06. Loan approval. Applications shall be considered for loan approval upon completion of the administrative and technical review. Approval shall be based upon the following: (1) Results of the administrative and technical review; (2) Econo…

Rule 31:01:03:07 Loan agreement and promissory note. 31:01:03:07. Loan agreement and promissory note. After an application for a loan is approved, a loan agreement shall be executed between the office and the borrower. The loan agreement, including a promissory note and other nec…

Rule 31:01:03:08 Records. 31:01:03:08. Records. Borrowers are not required to maintain a separate bank account for these loan funds; however, they must maintain a separate bookkeeping account. All expenditures must be supported by vouchers and must be for items approved for the e…

Rule 31:01:03:09 Reports. 31:01:03:09. Reports. Reports must be submitted as follows: (1) Progress reports must be submitted quarterly during the period implementation or construction is in progress and must include a description of the current status, any problems, and forecast …

Rule 31:01:03:10 Monitoring. 31:01:03:10. Monitoring. The office shall monitor the use of the funds under this program through selective review of reports and on-site review of records and through discretionary inspection of buildings where the energy conservation projects are in…

Rule 31:01:03:11 Default. 31:01:03:11. Default. If the borrower violates any of the terms of the loan agreement, the office may place the borrower in default. Borrowers determined to be in default shall be notified by certified mail. The notice shall explain the reasons for the a…

31:02:01:01. Definitions. Terms used in this chapter mean: (1) "E15," an ethanol blend containing between ten-and-one-half percent and fifteen percent ethanol; (2) "Ethanol," a blended ethyl alcohol produced by fermentation from biological materials such as sugars, starches, and …

31:02:01:02. Eligible activities. The following classes of activities may qualify for a grant or payment from the ethanol infrastructure incentive program: (1) Class 1 -- Motor fuel retail dealer projects for the purchase and installation of ethanol blender pumps installed on or …

31:02:01:03. Other eligibility criteria. In addition to the criteria provided in § 31:02:01:01, an applicant seeking a grant from the ethanol infrastructure incentive program for an activity described in subdivisions 31:02:01:02(1) to (4), inclusive, must meet the following crite…

31:02:01:04. Grant conditions. A grant made for an activity described in subdivisions 31:02:01:02(1) to (4), inclusive, must be in an amount determined by GOED and made subject to the following terms: (1) The amount of the grant may not exceed the actual cost of the project as pr…

31:02:01:05. Allocation of grant funds among classes of projects. Moneys deposited in the ethanol infrastructure incentive fund on or after July 1, 2024, may only be used for payment of the motor fuel tax refunds provided in subdivision 31:02:01:02(5). GOED may continue to alloca…

31:02:01:06. Application form. An ethanol infrastructure inventive program funding application must be submitted on forms provided by GOED and contain the following: (1) The name, complete mailing address, and county of the applicant; (2) The name, title, address, telephone numbe…

31:02:01:07. Criteria for grant awards. A portion of the grants to be awarded under this chapter, for activities described in subdivisions 31:02:01:02(1) to (4), inclusive, may be awarded on a first-come basis. Any grant not awarded on a first-come basis must be awarded based upo…

31:02:01:07.01. Fuel tax refund -- Administration -- Payment. GOED shall pay motor fuel tax refunds described in subdivision 31:02:01:02(5) as follows: (1) GOED shall make a final determination of refund eligibility and amount within ninety days of receiving the completed applica…

31:02:01:08. Default. Any of the following constitutes a default upon the terms of an ethanol infrastructure incentive program grant or payment: (1) Any part of an application is shown to be materially false or misleading; (2) Any part of the grant for an activity described in su…

31:02:01:09. Remedies. If there is a default pursuant to the provisions of § 31:02:01:08, the grantee or recipient of a fuel tax refund payment shall repay the full amount of the grant or payment to GOED within thirty days of a written demand from GOED. GOED may retain counsel an…

31:02:01:10. Access and reporting. A grantee or recipient of a fuel tax refund payment shall grant GOED reasonable access to the grantee's or recipient's facilities and records for the purpose of determining compliance with the terms of the grant or payment and of this chapter. A…

31:02:01:11. Appeal of denied fuel tax refund application. A licensed marketer may appeal a denial of an application for a motor fuel tax refund using the contested case procedures set forth in SDCL chapter 1-26. The appeal commences when the licensed marketer informs the GOED co…

Rule 39:01:01:01 Definitions. 39:01:01:01. Definitions. Terms used in this article mean: (1) "Authorizing agents," department secretaries, bureau commissioners, constitutional officers, officials of the judicial system, and the legislative research council, or their designees; (2…

Rule 39:01:02:01 Advance request. 39:01:02:01. Advance request. Individuals desiring a travel advance must submit an advance travel request to their budget unit's fiscal officer. The authorizing agent shall determine the amount of advance an employee may receive within the limits…

Rule 39:01:02:02 Advance approval. 39:01:02:02. Advance approval. A voucher for a travel advance must be approved by the authorizing agent and signed by the traveler. The bureau shall process advance travel requests and notify the state auditor of past due accounts. The state aud…

Rule 39:01:02:03 Advance repayment. 39:01:02:03. Advance repayment. Travel expenses incurred against a travel advance and repayment of any unused advance amount must be submitted within 20 days after the last day of travel. The budget unit's fiscal office shall collect any unused…

Rule 39:01:02:04 Advance limit. 39:01:02:04. Advance limit. A travel advance may not be less than $200. A travel advance may not exceed estimated expenses or the maximum of $2,000. Source: SL 1975, ch 16, § 1; 8 SDR 44, effective October 25, 1981; 10 SDR 142, effective June 28, 1…

Rule 39:01:02:05 Continuous advances. 39:01:02:05. Continuous advances. Advances to individuals who are continuous travelers shall be an estimated average monthly expense amount. The bureau shall monitor these advance amounts and shall make adjustments as needed. Continuous trave…

Rule 39:02:01:01 Principal office. 39:02:01:01. Principal office. The principal office of the authority shall be located at Pierre, Hughes County, South Dakota. Source: 1 SDR 83, effective July 15, 1975. General Authority:SDCL 5-12-40. Law Implemented:SDCL 5-12-40.

Rule 39:02:01:02 Seal. 39:02:01:02. Seal. The corporate seal of the authority shall be a circular disk having inscribed around the periphery thereof the words "South Dakota Building Authority" and in the center the word "Seal." Source: 1 SDR 83, effective July 15, 1975. General A…

Rule 39:02:02:01 Residence of appointive members. 39:02:02:01. Residence of appointive members. All appointive members of the authority shall be residents of the state of South Dakota. Source: 1 SDR 83, effective July 15, 1975. General Authority:SDCL 5-12-40. Law Implemented:SDCL…

Rule 39:02:03:01 Chairman. 39:02:03:01. Chairman. The chairman of the authority shall preside at all meetings of the authority and perform such other duties as shall be necessary or desirable by reason of his position as chairman, or as may be directed by resolution of the author…

Rule 39:02:03:02 Vice-chairman or acting chairman. 39:02:03:02. Vice-chairman or acting chairman. A vice-chairman or acting chairman of the authority may, but need not be, elected by the members of the authority for a term expiring at the date of the first annual meeting followin…

Rule 39:02:03:03 Secretary. 39:02:03:03. Secretary. A member of the authority shall be elected as its secretary for a term expiring at the date of the first annual meeting following such election, or until his successor is elected, and he shall perform such duties as are from tim…

Rule 39:02:03:04 Assistant secretaries. 39:02:03:04. Assistant secretaries. The authority may, but need not, elect from time to time one or more assistant secretaries who may perform any of the duties imposed upon the secretary himself unless the authority or the secretary himsel…

Rule 39:02:03:05 Treasurer. 39:02:03:05. Treasurer. The treasurer of the state of South Dakota shall be ex officio the treasurer of the authority, and he shall perform such duties as are from time to time imposed upon him by the authority, not contrary to his statutory or other o…

Rule 39:02:04:01 Annual meetings. 39:02:04:01. Annual meetings. The annual meeting of the authority shall be held in the city of Pierre, Hughes County, South Dakota, at the state capitol, or such other place in the state of South Dakota as may be designated by the chairman of the…

Rule 39:02:04:02 Special meetings -- Notice. 39:02:04:02. Special meetings -- Notice. A special meeting of the authority may be held upon call by the chairman or any three members of the authority upon 48 hours notice to each member of the authority. Such notice shall specify the…

Rule 39:02:04:03 Quorum. 39:02:04:03. Quorum. A majority of the authority shall constitute a quorum. A majority vote of the members of the authority shall be necessary for any action taken by the authority. Source: 1 SDR 83, effective July 15, 1975. General Authority:SDCL 5-12-40…

Rule 39:02:05:01 Executive secretary. 39:02:05:01. Executive secretary. The authority may, upon such terms and conditions as it shall deem proper, employ an executive secretary who shall have custody of the authority's financial records and who shall keep or cause to be kept full…

Rule 39:02:05:02 Other personnel. 39:02:05:02. Other personnel. The authority may employ such other personnel as it shall deem necessary from time to time upon such terms and conditions as it shall deem proper to fulfill its purposes. Source: 1 SDR 83, effective July 15, 1975. Ge…

Rule 39:02:06:01 Annual audit and accounting procedure. 39:02:06:01. Annual audit and accounting procedure. The authority shall cause an audit of its books of account to be made at least once each year by a certified public accountant and the cost thereof shall be treated as a pa…