South Dakota Administrative Code

24:80:01:01. Definitions. Words and phrases defined in SDCL chapter 34-20G have the same meaning when used in this article. In addition, as used in this article: (1) "School district" means a public school system subject to the provisions of SDCL 13-33A-2 and defined by SDCL 13-5…

24:80:02:01. Administration of medical cannabis to students. A school district shall, upon notification pursuant to § 24:80:02:03, allow a registered designated caregiver to administer medical cannabis to a student cardholder on or in school property or at a school-sponsored acti…

24:80:02:02. Allowable forms of medical cannabis. Medical cannabis administered on or in a school property or at a school-sponsored activity shall be in the form of non-smokable cannabis. Source: 48 SDR 9, effective August 8, 2021. General Authority: SDCL 13-33A-2, 34-20G-95. Law…

24:80:02:03. Required notification. The parent or legal guardian of any student cardholder must notify the school district before any medical cannabis is administered on or in a school property or at a school-sponsored activity. The parent or legal guardian shall present the stud…

24:80:02:04. Notice provided to individuals within the district. If a school district receives notice pursuant to § 24:80:02:03, the school district shall ensure that the notice is provided to the student's educators and persons designated to provide health services to the studen…

24:80:02:05. Restrictions on administering medical cannabis. A student may not possess or self-administer medical cannabis on or in school property or at a school-sponsored activity. Only a designated caregiver may possess and administer to a student cardholder on or in school pr…

24:80:02:06. Required documentation. Before the administration of medical cannabis and at any time when the student's administration of medical cannabis changes, the school district must have documentation described in this section on file. The student's parent or legal guardian …

24:80:02:07. Students 18 years or older. A student who is 18 years or older or who has been emancipated may not possess or self-administer medical cannabis while on or in school property or at a school-sponsored activity. The student shall provide the notices and documentation re…

24:80:02:08. Prohibited acts--Student. Student possession, use, distribution, or sale, or a student being under the influence of a cannabis product inconsistent with this article is prohibited. Source: 48 SDR 9, effective August 8, 2021. General Authority: SDCL 13-33A-2, 34-20G-9…

24:80:02:09. School district may not discipline a student solely for being a cardholder. A school district may not discipline a student cardholder solely because the student requires medical cannabis as a reasonable accommodation necessary to attend school. Source: 48 SDR 9, effe…

24:80:02:10. School, school employee, or volunteer not required to administer or store medical cannabis. Neither this article nor any other state or federal law, including without limitation the "Individuals with Disabilities Education Act," 20 U.S.C. § 1400 et seq., as amended t…

24:80:02:11. Records. Any information received by a school district pursuant to article 24:80, containing confidential information or personally identifiable information is protected by the "Family Educational Rights and Privacy Act of 1974," 20 U.S.C. § 1232g, as amended to July…

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…