South Dakota Administrative Code

Rule 12:19:02:01 Quarterly reports and remittance. 12:19:02:01. Quarterly reports and remittance. Each first purchaser shall submit a quarterly report to the council within 30 days after the end of each calendar quarter if corn was purchased during the quarter. Each first purchas…

Rule 12:19:02:02 Checkoff fee collection. 12:19:02:02. Checkoff fee collection. A first purchaser shall collect the checkoff fee from growers by deducting the fee from the purchase price of an identifiable lot or quantity of corn purchased by the first purchaser. The first purcha…

Rule 12:19:02:03 Record of assessment. 12:19:02:03. Record of assessment. The first purchaser shall keep a record of assessment for each corn purchase that includes the number of bushels, the amount of the checkoff fee, the date, and the name of the seller. Source: 15 SDR 54, eff…

Rule 12:19:03:01 Checkoff fee refund application forms. 12:19:03:01. Checkoff fee refund application forms. The checkoff fee refund application shall be on forms provided by the council and shall contain the following information: (1) The date of the checkoff fee refund applicati…

Rule 12:19:03:02 Notice of correction. 12:19:03:02. Notice of correction. If an otherwise correctly returned checkoff fee refund application does not meet one or more of the requirements in § 12:19:03:01, the council shall return a copy of the application to the grower with a wri…

Rule 12:19:04:01 Notice of delinquent assessment. 12:19:04:01. Notice of delinquent assessment. Assessments which are not remitted as required by § 12:19:02:01 are delinquent. The council shall, by certified mail, send a notice of delinquent assessment to the first purchaser at h…

Rule 12:19:04:02 Hearing request. 12:19:04:02. Hearing request. A first purchaser who has received a notice of delinquent assessment may request, in writing, a hearing before the council. The request shall be filed with the council within ten days after receipt of the notice of d…

Rule 12:19:04:03 Hearing. 12:19:04:03. Hearing. The council shall hold a hearing in accordance with SDCL 1-26 within 90 days after receiving a hearing request that is in accordance with § 12:19:04:02. Source: 15 SDR 54, effective October 13, 1988. General Authority:SDCL 38-32-14(…

Rule 12:19:04:04 Council decision. 12:19:04:04. Council decision. The council shall make a decision within 30 days after the hearing. The decision shall be in writing and shall be served on the first purchaser by certified mail. Source: 5 SDR 54, effective October 13, 1988. Gener…

Rule 12:19:05:01 Nomination of additional director candidates. 12:19:05:01. Nomination of additional director candidates. The nominations for additional director candidates shall be on a form provided by the council. Nominating petitions shall be filed with the council not later …

Rule 12:20:01:01 Definitions. 12:20:01:01. Definitions. Terms defined in SDCL 54-13-1 have the same meaning in this chapter. In addition, terms used in this chapter mean: (1) "Director," the director of mediation services or their designee; (2) "Mediation release," a document iss…

Rule 12:20:01:02 Mediator training. 12:20:01:02. Mediator training. The director, in conjunction with the Department of Agriculture and Natural Resources, may provide initial training in mediation techniques to the mediators. This training shall include at least 32 hours of initi…

Rule 12:20:01:03 Mediation fees. 12:20:01:03. Mediation fees. Requests for mediation must be filed with the director on a form which may be obtained from the director. The form must be accompanied by a nonrefundable initial fee of $100 to pay for the initiating party's share of t…

Rule 12:20:01:04 Contents of request for mediation. 12:20:01:04. Contents of request for mediation. The request for mediation must indicate if mediation is mandatory or voluntary and contain the following information: (1) If filed by a creditor: (a) The name, address, and telepho…

Rule 12:20:01:05 Form for notice of request for mandatory mediation. 12:20:01:05. Form for notice of request for mandatory mediation. The form for the notice of request for mandatory mediation shall include the following: (1) The name of the party requesting mediation; (2) A brie…

Rule 12:20:01:06 Procedure for mediation. 12:20:01:06. Procedure for mediation. The following procedure applies upon receipt of a request for mediation: (1) The director shall determine whether a mediator is available and evaluate the request; (2) Within 3 business days after rec…

Rule 12:20:01:07 Mediation session notice form. 12:20:01:07. Mediation session notice form. The form for notice of the mediation session shall include the following: (1) The time and place of the initial mediation session; (2) The name of the parties involved in mediation; (3) Th…

Rule 12:20:01:08 Response to notice. 12:20:01:08. Response to notice. A recipient of a notice of a request for mediation shall indicate the intent to mediate by responding in writing to the director within 10 days after the notice was postmarked. If the borrower agrees to mediati…

Rule 12:20:01:09 Director to notify other creditors. 12:20:01:09. Director to notify other creditors. If a borrower assents to mediation and is indebted to other creditors, the director shall notify those creditors by mail within three business days after receipt of the informati…

Rule 12:20:01:10 Response from other creditor. 12:20:01:10. Response from other creditor. Any other creditor named in the borrower's response shall notify the director in writing within 10 days if that creditor desires to become a party to the mediation. Source: 15 SDR 20, effect…

Rule 12:20:01:11 Conduct at mediation sessions. 12:20:01:11. Conduct at mediation sessions. Mediation sessions shall be conducted as follows: (1) Mediation sessions are under the control of the mediator; (2) The mediator must hold in strict confidence all information provided by …

Rule 12:20:01:12 Mediation agreement. 12:20:01:12. Mediation agreement. If the parties involved in mediation reach a tentative agreement, the mediator shall summarize the terms of the agreement for review by the parties. After the terms of the agreement are reviewed and approved …

Rule 12:20:01:13 Ag Finance Counseling. 12:20:01:13. Ag Finance Counseling. Agricultural finance counseling options may be offered to mediation clients who request this service. The department may contract with trained ag finance counselors to provide this service to debtors and/…

Rule 12:20:02:01 Definitions. 12:20:02:01. Definitions. Terms defined in SDCL 54-13-1 have the same meaning in this chapter. In addition, terms used in this chapter mean: (1) "Director," the director of mediation services or their designee; (2) "Requesting Party," the individual,…

Rule 12:20:02:02 Mediator training. 12:20:02:02. Mediator training. The director, in conjunction with the Department of Agriculture and Natural Resources, may provide initial training in mediation techniques to the mediators. This training shall include at least 32 hours of initi…

Rule 12:20:02:03 Mediation fees. 12:20:02:03. Mediation fees. Requests for mediation must be filed with the director on a form which may be obtained from the director. The form must be accompanied by the following fees: (1) Federal Lands Mediation: a nonrefundable initial fee of …

Rule 12:20:02:04 Contents of request for mediation. 12:20:02:04. Contents of request for mediation. The request for mediation must contain the following information: (1) The name, address, and telephone number of the requesting party; (2) The type of mediation requested and natur…

Rule 12:20:02:05 Procedure for requested mediation. 12:20:02:05. Procedure for requested mediation. The following procedure applies upon receipt of a request for mediation: (1) The director shall evaluate the request and determine if mediation is allowable under SDCL 54-13; (2) I…

Rule 12:20:02:06 Form for notice of request for mediation. 12:20:02:06. Form for notice of request for mediation. The form for notice of request for mediation shall include the following: (1) The name of the party requesting mediation; (2) A brief description of the mediation pro…

Rule 12:20:02:07 Mediatation meeting notice form. 12:20:02:07. Mediation meeting notice form. The form for notice of the mediation session shall include the following: (1) The time and place of the initial mediation session; (2) The name of the parties involved in mediation; (3) …

Rule 12:20:02:08 Conduct at mediation sessions. 12:20:02:08. Conduct at mediation sessions. Mediation sessions shall be conducted as follows: (1) Mediation sessions are under the control of the mediator; (2) The mediator must hold in strict confidence all information provided by …

Rule 12:20:02:09 Mediation agreement. 12:20:02:09. Mediation agreement. If the parties involved in mediation reach a tentative agreement, the mediator shall summarize the terms of the agreement for review by the parties. After the terms of the agreement are reviewed and approved …

Rule 12:20:03:01 Definitions. 12:20:03:01. Definitions. Terms used in this chapter mean: (1) "Director," the director of mediation services or their designee; (2) "Requesting Party," the individual, group, or entity requesting mediation; (3) "Non-requesting Party," the individual…

Rule 12:20:03:02 Mediator training. 12:20:03:02. Mediator training. The director, in conjunction with the Department of Agriculture and Natural Resources, may provide initial training in mediation techniques to the mediators. This training shall include at least 32 hours of initi…

Rule 12:20:03:03 Mediation fees. 12:20:03:03. Mediation fees. Requests for mediation must be filed with the director on a form which may be obtained from the director. A nonrefundable initial fee of $200 for the requesting party's share of the filing request must accompany the me…

Rule 12:20:03:04 Contents of request for mediation. 12:20:03:04. Contents of request for mediation. The request for mediation must contain the following information: (1) The name, address, and telephone number of the requesting party; (2) The nature of the drainage dispute; (3) T…

Rule 12:20:03:05 Procedure for requested mediation. 12:20:03:05. Procedure for requested mediation. The following procedure applies upon receipt of a request for mediation: (1) The director shall evaluate the request and determine if mediation is allowable under SDCL 46A-11A; (2)…

Rule 12:20:03:06 Form for notice of request for mediation. 12:20:03:06. Form for notice of request for mediation. The form for notice of request for mediation shall include the following: (1) The name of the requesting party; (2) A brief description of the mediation process, the …

Rule 12:20:03:07 Mediation meeting notice form. 12:20:03:07. Mediation meeting notice form. A public notice of mediation including intervener instructions shall be published once each week for two consecutive weeks in one official newspaper designated by the county or counties wh…

Rule 12:20:03:08 Procedures for interveners. 12:20:03:08. Procedures for interveners. The following procedure applies when a third party wants to intervene: (1) A public notice is published in the newspaper in the county with intervener instructions; (2) An intervener must fill o…

Rule 12:20:03:09 Conduct at mediation sessions. 12:20:03:09. Conduct at mediation sessions. Mediation sessions shall be conducted as follows: (1) Mediation sessions are under the control of the mediator; (2) The mediator must hold in strict confidence all information provided by …

Rule 12:20:03:10 Mediation agreement. 12:20:03:10. Mediation agreement. If the parties involved in mediation reach an agreement, the mediator shall document the terms and all parties shall sign the agreement. Those parties who do not reach agreement may request another mediation …

12:21:01:01. Definitions. Terms defined in SDCL 1-16B-1 have the same meaning when used in this article. In addition, terms used in this article mean: (1) "Agricultural improvements," any improvements, buildings, structures, or fixtures suitable for use in farming which are locat…

12:21:01:02. Assets and liabilities. For purposes of this chapter, total assets include cash, crops, or feed on hand, livestock held for sale, breeding stock, marketable bonds and securities, securities not readily marketable, accounts receivable, notes receivable, cash invested …

12:21:01:03. Contents of application. An applicant for a beginning farmer loan shall apply for the loan on a form provided by the authority. The application must include the following: the applicant's name, address, and credit data; a description of the anticipated use of loan pr…

12:21:01:04. Net worth requirements. To qualify for a loan under this chapter, the applicant must meet net worth requirements set by the board. The board shall set and periodically review a policy for minimum and maximum net worth eligibility requirements. The board may include i…

12:21:01:05. Procedure for informal settlements in contested cases. Repealed. Source: 22 SDR 97, effective January 22, 1996; 52 SDR 49, effective November 17, 2025.

12:21:01:06. Eligibility. To be eligible for assistance under this chapter, the applicant must: (1) Be a resident of South Dakota and be at least eighteen years of age at the time the bond is issued to finance the loan; (2) Demonstrate to the lender and the authority sufficient t…

12:21:01:07. Maximums and minimums. Aggregate financing to an eligible applicant under the program may not exceed six hundred and forty-nine thousand dollars, plus an adjustment for inflation using the methodology in 26 U.S.C. § 147(c)(2)(H) (December 31, 2024). Source: 22 SDR 97…

12:21:01:08. Limitations on improvements and depreciable property. Agricultural improvements and agricultural depreciable property that are to become a fixture or an integral part of real estate may be financed by the authority only if the beginning farmer: (1) Owns the real esta…