South Dakota Administrative Code

Rule 02:02:02:03 External audit procedure. 2:02:02:03. External audit procedure. Local criminal justice agencies making inquiries of the state registry of criminal history records are authorized to make periodic inquiries of the state registry for current disposition records to i…

Rule 02:02:02:04 Internal audit procedures. 2:02:02:04. Internal audit procedures. At least once every year, the director shall select a representative sample of files in the state registry and audit such files to insure compliance with the provisions of 41 Federal Register 11714…

Rule 02:02:02:05 Records required to facilitate audit. 2:02:02:05. Records required to facilitate audit. To facilitate the audit provided by §§ 2:02:02:02 and 2:02:02:03, the state registry shall maintain records which show the date on which criminal history record information is…

Rule 02:02:03:01 Access and review. 2:02:03:01. Access and review. Any individual shall have the right to review his or her criminal history record information file maintained in the state registry and to obtain a copy of the same at his or her expense. Review of criminal history…

Rule 02:02:03:02 Requests for corrections in record. 2:02:03:02. Requests for corrections in record. If an individual finds material in his criminal history record information file in the state registry which he believes to be inaccurate or incomplete, he may request that the nec…

Rule 02:02:03:03 Request for dissemination of information. 2:02:03:03. Request for dissemination of information. Upon request, an individual whose record has been corrected pursuant to § 2:02:03:02, shall be given the names of all non-criminal justice agencies, if any, to whom th…

Rule 02:02:03:04 Notification of agencies receiving information. 2:02:03:04. Notification of agencies receiving information. If an individual's record is corrected under the provisions of § 2:02:03:02, the state registry will notify all criminal justice agencies of the corrected …

Rule 02:02:03:05 Limitation on access and review of criminal record information. 2:02:03:05. Limitation on access and review of criminal record information. An individual's right to access and review of his or her criminal history record information, shall not extend to data cont…

Rule 02:02:03:06 Specific agencies authorized access to registry information. 2:02:03:06. Specific agencies authorized access to registry information. Pursuant to SDCL 23-6-14, and without being limited to the following, the director specifically authorizes access to information …

Rule 02:02:04:01 Reporting deadline for criminal history records information. 2:02:04:01. Reporting deadline for criminal history records information. Any agency required to report criminal history record information to the state registry shall submit the information to the state…

Rule 02:02:04:02 Reporting deadline for criminal records history information on repeat offenders. 2:02:04:02. Reporting deadline for criminal records history information on repeat offenders. All agencies required to report criminal history record information to the state registry…

Rule 02:02:04:03 Consequences of noncompliance. 2:02:04:03. Consequences of noncompliance. Failure to comply with §§ 2:02:04:01 and 2:02:04:02 will make an agency requesting information from the state registry ineligible to receive any information from the state registry or assis…

Rule 02:02:05:01 Requests for declaratory rulings. 2:02:05:01. Requests for declaratory rulings. Petitions may be filed with the director for the purpose of requesting a declaratory ruling as to the applicability of any statutory provision, any provision of this article or any fi…

Rule 02:03:01:01 Forms for petty offense complaints and summons. 2:03:01:01. Forms for petty offense complaints and summons. Either Form A or B, or any other form that substantially complies with Form A or B, shall be used as a petty offense summons and complaint. If Form A is us…

Rule 02:03:01:02 Forms for misdemeanor offense complaints and summons. 2:03:01:02. Forms for misdemeanor offense complaints and summons. The following form, or one which substantially complies with it, shall be used as a misdemeanor offense summons and complaint for traffic offen…

Rule 02:03:01:03 Power of attorney form. 2:03:01:03. Power of attorney form. The following form, or any other form that substantially complies with it, shall be used for offenses included on the schedule of offenses adopted pursuant to SDCL 16-2-21 and where a power of attorney o…

Rule 02:03:01:04 Designated law enforcement agencies. 2:03:01:04. Designated law enforcement agencies. The Division of Highway Patrol and local government law enforcement agencies shall use the uniform traffic ticket forms that are contained in this chapter or forms in substantia…

Rule 02:03:01:05 Forms for juvenile cited violations. 2:03:01:05. Forms for juvenile cited violations. Either Form A or B, or any other form that substantially complies with Form A or B, shall be used as a summons and complaint for juvenile cited violations. (1) Form A: JUVENILE …

Rule 02:04:01:01 Definitions. 2:04:01:01. Definitions. Words used in this article mean: (1) "Alternative biological sample," a biological sample, other than blood, including buccal swabs; (2) "Authorized sampling technician," any person who by training and occupation regularly en…

Rule 02:04:02:01 Blood sample. 2:04:02:01. Blood sample. A blood sample consists of whole blood drawn by an authorized sampling technician. Source: 17 SDR 47, effective October 3, 1990. General Authority: SDCL 23-5-17. Law Implemented: SDCL 23-5-16.

Rule 02:04:02:02 Alternative biological sample procedures and equipment. 2:04:02:02. Alternative biological sample procedures and equipment. An authorized sampling technician shall obtain buccal swabs with two sterile cotton applicator sticks, which shall be air dried and placed …

Rule 02:04:02:03 Blood sample equipment. 2:04:02:03. Blood sample equipment. If an alternative biological sample cannot be obtained, an authorized sampling technician shall draw a blood sample into one 7-10 cc Lavender Vacutainer containing and utilizing ethylenediaminetetraaceti…

Rule 02:04:02:04 Sample mailing. 2:04:02:04. Sample mailing. Upon collection of a blood sample or an alternative biological sample, or both, under this chapter, the authorized sampling technician or the collecting agency arranging the test shall transfer the sample by mail or by …

Rule 02:04:02:05 DCI maintenance procedures. 2:04:02:05. DCI maintenance procedures. Upon receipt by DCI, DCI personnel shall label the sample container. DCI personnel shall store the sample until DCI is able to arrange for analysis of the sample. DCI personnel shall retain the d…

Rule 02:04:03:01 County reimbursement. CHAPTER 2:04:04 2:04:03:01. County reimbursement. If a court requires an individual to bear the cost of collection of blood and saliva specimens pursuant to SDCL 23-5-18, such funds shall go directly to the county as reimbursement for its co…

Rule 02:04:04:01 Thumbprint samples. 2:04:04:01. Thumbprint samples. Thumbprints shall be taken from each samplee in order to verify identity. Thumbprints shall be taken by following normal inked fingerprint procedures, including rolling the samplee's right and left thumbs where …

2:05:01:01. Minimum standards for employment. A person may be employed or certified as a 911 telecommunicator only if the person: (1) Is a citizen of the United States; (2) Is at least eighteen years of age at the time of appointment; (3) Has fingerprints taken by a qualified law…

Rule 02:05:01:02 Felons to be rejected -- Misdemeanants to be reviewed. 2:05:01:02. Felons to be rejected -- Misdemeanants to be reviewed. No person may be employed or certified if that person has pled guilty or no contest to, or been convicted of, any offense which could have re…

Rule 02:05:01:02.01 Exception from prohibition on employment or certification. 2:05:01:02.01. Exception from prohibition on employment or certification. Any person ineligible under § 2:05:01:02 to be hired or certified as a result of a conviction, may not be denied employment or …

02:05:01:02.02. Exception from prohibition on employment or certification for suspended impositions of sentence. Any person seeking certification as a 911 telecommunicator who has received an order pursuant to SDCL 23A-27-13, or the equivalent in another jurisdiction, for any off…

Rule 02:05:01:03 Notice of appointment of 911 telecommunicator. 2:05:01:03. Notice of appointment of 911 telecommunicator. The hiring agency shall send the following documents to the commission within ten days after the appointment of the 911 telecommunicator: (1) Law enforcement…

Rule 02:05:01:04 Filing of fingerprints. 2:05:01:04. Filing of fingerprints. Fingerprints taken under subdivision 2:05:01:01(3) shall be distributed to local, state, and national fingerprint files to disclose any criminal record. Source: 25 SDR 124, effective April 8, 1999. Gener…

2:05:01:05. Discontinuance of employment of 911 telecommunicator. No temporary or probationary 911 telecommunicator may continue employment as a 911 telecommunicator after a showing that the 911 telecommunicator has violated any of the conditions of § 2:05:03:01 or has been dismi…

2:05:01:06. Expiration of certification. Certification expires on the last day of the twenty-fourth calendar month following separation from 911 telecommunicator employment. Upon application the Law Enforcement Officers Standards and Training Commission may waive any of the basic…

Rule 02:05:02:01 Priority for training. 2:05:02:01. Priority for training. Municipal, county, and state 911 telecommunicators shall have priority over all other applicants for admission to the basic certification training course. Source: 25 SDR 124, effective April 8, 1999. Gener…

2:05:02:02. Temporary or probationary appointment. A person qualified under chapter 2:05:01 who has not completed the training program required by SDCL 34-45-24 may be appointed on a temporary or probationary basis as a noncertified 911 telecommunicator for a period not to exceed…

02:05:02:02.01. Calculation of temporary or probationary appointment period. The Law Enforcement Officers Standards and Training Commission shall count any time the 911 telecommunicator served as a noncertified 911 telecommunicator and subtract said time from the period authorize…

02:05:02:02.02. Temporary or probationary period reset. Notwithstanding § 2:05:02:02.01, the Law Enforcement Officers Standards and Training Commission shall grant a person an additional twelve months to complete the training program required by SDCL 34-45-24 if said person: (1) …

2:05:02:03. Reciprocity. The Law Enforcement Officers Standards and Training Commission may waive any part of the training required by SDCL 34-45-24 upon application requesting a waiver, and a showing that the applicant: (1) Meets the minimum standards for certification set forth…

2:05:02:03.01. Refresher course. Repealed. Source: 28 SDR 150, effective May 2, 2002; 50 SDR 63, effective November 28, 2023.

Rule 02:05:02:04 Certificate of qualification. 2:05:02:04. Certificate of qualification. Upon successful completion of the training program required by SDCL 34-45-24, or the waiver of the training program under § 2:05:02:03, and upon receipt of a statement signed by the head of t…

Rule 02:05:02:05 Approved basic training course. 2:05:02:05. Approved basic training course. The commission shall approve a basic training course for certification as a 911 telecommunicator which consists of a curriculum of at least 80 hours of training and includes the following…

Rule 02:05:02:06 Successful completion of training course. 2:05:02:06. Successful completion of training course. An applicant, to successfully complete the training course, must receive a passing score on all written and skills examinations administered in connection with the cou…

Rule 02:05:02:07 Place of training. 2:05:02:07. Place of training. Unless otherwise stated by the executive secretary, the approved basic training course shall be conducted at the criminal justice training center in Pierre, South Dakota. Source: 25 SDR 124, effective April 8, 199…

Rule 02:05:02:08 Time course is conducted. 2:05:02:08. Time course is conducted. The approved basic training course shall commence at such times as the executive secretary considers appropriate. Source: 25 SDR 124, effective April 8, 1999. General Authority:SDCL 34-45-26, 34-45-2…

Rule 02:05:02:09 Student discipline during basic training course. 2:05:02:09. Student discipline during basic training course. The executive secretary may enforce restrictions and rules of internal management as are necessary to maintain the orderly instruction of students and ef…

2:05:02:10. Dismissal. The executive secretary of the Law Enforcement Officers Standards and Training Commission may dismiss from the school any person who violates any restrictions or regulation established by the executive secretary to administer or maintain order during the ba…

Rule 02:05:02:11 Appeal. 2:05:02:11. Appeal. The executive secretary's decision to dismiss is appealable under chapter 2:01:04. Source: 25 SDR 124, effective April 8, 1999. General Authority:SDCL 34-45-26, 34-45-29. Law Implemented:SDCL 34-45-24, 34-45-29.

Rule 02:05:02:12 Training program fees. 2:05:02:12. Training program fees. The fee for persons admitted to the 80 hour basic training program for 911 telecommunicators under SDCL 34-45-24 is $800. Source: 25 SDR 124, effective April 8, 1999. General Authority:SDCL 34-45-26, 34-45…

Rule 02:05:03:01 Revocation of certification of 911 telecommunicator. 2:05:03:01. Revocation of certification of 911 telecommunicator. The commission may revoke the certification of a 911 telecommunicator who has been convicted of or received a suspended imposition of sentence fo…