South Dakota Administrative Code

2:05:03:02. Moral turpitude. For the purposes of this chapter, the term moral turpitude has the same meaning as in SDCL 22-1-2(25). Source: 25 SDR 124, effective April 8, 1999; 47 SDR 130, effective June 6, 2021. General Authority: SDCL 34-45-26, 34-45-29. Law Implemented: SDCL 3…

2:05:03:03. Procedure for obtaining a complaint form and filing a complaint requesting revocation of certification of a 911 telecommunicator. A person alleging a violation of this chapter may request, either orally or in writing, a complaint form from the executive secretary. Wit…

2:05:03:04. Investigation and dismissal of complaint. Upon the filing of a complaint, the executive secretary shall conduct an investigation of the allegations in the complaint, in accordance with the commission's internal operating procedures for complaints against certified 911…

Rule 02:05:03:05 Hearing. 2:05:03:05. Hearing. The hearing on a complaint requesting the revocation or suspension of the certification of a 911 telecommunicator may be conducted, at the direction of the commission, by the full commission with the assistance of a hearing officer a…

2:05:03:06. Burden of proof. At a hearing on a complaint, the complainant has the burden of establishing grounds for the revocation or suspension through proof by clear and convincing evidence. Source: 25 SDR 124, effective April 8, 1999; 31 SDR 94, effective January 4, 2005; 47 …

Rule 02:05:03:07 Application for reinstatement of certification. 2:05:03:07. Application for reinstatement of certification. A person whose certification as a 911 telecommunicator has been revoked may, after one year, apply to the commission for reinstatement of certification. So…

Rule 02:05:03:08 Consent to decertification. 2:05:03:08. Consent to decertification. A certified 911 telecommunicator who is subject to an investigation or pending action involving allegations of misconduct may consent to decertification. A certified 911 telecommunicator who cons…

2:05:03:09. Conduct unbecoming of a 911 telecommunicator. For the purpose of this chapter, the phrase "conduct unbecoming of a 911 telecommunicator," means the following: (1) Conduct contrary to professional standards that shows an unfitness to discharge duties, including an act …

Rule 02:06:01:01 Definitions for 24/7 sobriety program. 2:06:01:01. Definitions for 24/7 Sobriety Program. Terms used in this article mean: (1) "Drug patch," any type of device that is affixed to a person's skin and tests for the presence of marijuana or controlled substances in …

Rule 02:06:02:01 Placement on the 24/7 Sobriety Program. 2:06:02:01. Placement on the 24/7 Sobriety Program. The court's written order and any written directive of the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or any parole agent…

Rule 02:06:02:02 Enrollment. 2:06:02:02. Enrollment. A participant placed on the 24/7 Sobriety Program shall be enrolled by a representative of a participating agency as provided in the order or directive. A participating agency shall be provided with a copy of the order or direc…

Rule 02:06:02:02.01 Additional enrollment for ignition interlock device testing. 2:06:02:02.01. Additional enrollment for ignition interlock device testing. If a participant is enrolled for ignition interlock device testing, the participant shall bring the motor vehicle to the pa…

Rule 02:06:02:02.02 Periodic ignition interlock inspection. 2:06:02:02.02. Periodic ignition interlock inspection. The participant shall bring the motor vehicle with the installed ignition interlock device to the vendor for calibration testing and inspection in accordance with th…

Rule 02:06:02:03 Type of testing authorized. 2:06:02:03. Type of testing authorized. A participant placed on the 24/7 Sobriety Program shall submit to one or more of the following tests: (1) Twice-a-day testing; (2) Urinalysis; (3) Drug patch; (4) Electronic alcohol monitoring de…

Rule 02:06:02:04 Frequency and time period of testing. 2:06:02:04. Frequency and time period of testing. A participant placed on a 24/7 Sobriety Program shall submit to tests at the participating agency's premises as follows: (1) Twice-a-day testing shall be conducted for the tim…

Rule 02:06:02:05 Testing information. 2:06:02:05. Testing information. A participating agency shall contemporaneously record all participant testing results on the reporting system pursuant to § 2:06:04:01. Source: 33 SDR 226, effective July 1, 2007. General Authority: SDCL 1-11-…

Rule 02:06:02:06 Attorney General selection of ignition interlock device -- Minimum requirements for ignition interlock device. 2:06:02:06. Attorney General selection of ignition interlock device -- Minimum requirements for ignition interlock device. Each participant shall use an…

Rule 02:06:02:07 Attorney General selection of mobile breath alcohol testing device -- Minimum requirements for mobile breath alcohol testing device. 2:06:02:07. Attorney general selection of mobile breath alcohol testing device -- Minimum requirements for mobile breath alcohol t…

Rule 02:06:03:01 Twice-a-day testing fees. 2:06:03:01. Twice-a-day testing fees. A participant submitting to twice-a-day testing shall pay a fee of one dollar for each test. Source: 33 SDR 226, effective July 1, 2007; repealed, SL 2011, ch 4, § 13; 37 SDR 236, effective July 1, 2…

Rule 02:06:03:02 Urinalysis fees. 2:06:03:02. Urinalysis fees. A participant submitting to urinalysis testing shall pay a fee of ten dollars for each test. Source: 33 SDR 226, effective July 1, 2007; repealed, SL 2011, ch 4, § 14; 37 SDR 236, effective July 1, 2011. General Autho…

Rule 02:06:03:03 Drug patch fees. 2:06:03:03. Drug patch fees. A participant submitting to wear a drug patch shall pay a fee of $50 for each drug patch attached. Source: 33 SDR 226, effective July 1, 2007; repealed, SL 2011, ch 4, § 15; 37 SDR 236, effective July 1, 2011; 44 SDR …

Rule 02:06:03:04 Electronic alcohol monitoring device fees. 2:06:03:04. Electronic alcohol monitoring device fees. A participant submitting to the wearing of the electronic alcohol monitoring device shall pay a fee of five dollars for each day the participant is wearing the devic…

Rule 02:06:03:05 Ignition interlock device fees. 2:06:03:05. Ignition interlock device fees. A participant submitting to ignition interlock device testing shall pay an enrollment fee of $40. The participant shall also pay a monitoring fee of $20 for each periodic inspection that …

Rule 02:06:03:05.01 Mobile breath alcohol testing device fees. 2:06:03:05.01. Mobile breath alcohol testing device fees. A participant using a mobile breath alcohol testing device shall pay a fee of four dollars for each day the participant uses the device. In addition, the parti…

Rule 02:06:03:06 Participation fees. 2:06:03:06. Participation fees. A participant placed on the 24/7 Sobriety Program shall pay the following participation fees: (1) A participant submitting to electronic alcohol monitoring device testing, ignition interlock device testing, or m…

Rule 02:06:03:07 Repealed. 2:06:03:07. Remitting participation fees. Repealed. Source: 37 SDR 236, effective July 1, 2011; repealed, SL 2014, ch 6, § 8, effective, July 1, 2014.

Rule 02:06:03:08 Repealed. 2:06:03:08. Failure to pay fees. Repealed. Source: 37 SDR 236, effective July 1, 2011; repealed, SL 2014, ch 6, § 9, effective July 1, 2014.

Rule 02:06:04:01 Reports. 2:06:04:01. Reports. A participating agency shall use the reporting system provided by the Attorney General for participant enrollment and to record testing data and participant information, including fees collected. All reports shall be submitted at lea…

Rule 02:06:04:02 Accounting of fees collected. 2:06:04:02. Accounting of fees collected. A participating agency shall provide an accounting of all fees and other costs and expenses collected from participants in a 24/7 Sobriety Program to the Attorney General, no less than quarte…

Rule 02:07:01:01 Approved training course for newly selected county coroners. 2:07:01:01. Approved training course for newly selected county coroners. The training course for newly selected county coroners shall consist of a curriculum of at least 16 hours of training. The curric…

Rule 02:07:01:02 Approved training course for incumbent county coroners. 2:07:01:02. Approved training course for incumbent county coroners. The training course for incumbent county coroners shall consist of a curriculum of at least eight hours of advanced or refresher training. …

02:08:01:01. Application submission. To be considered for a heroes wellness grant, an applicant must electronically submit to the attorney general a heroes wellness grant application through the attorney general’s website between January 1 and March 1 of each calendar year. Sourc…

02:08:01:02. Application content. Each application must contain the following: 1) Name and contact information of the applicant for the grant; 2) Name and contact information of the individual coordinating the training; 3) Name of vendor, entity, or individual providing the train…

02:08:02:01. Grant award criteria. The attorney general shall only consider complete applications submitted pursuant to § 02:08:01:01. The attorney general shall give priority to applications that fulfill the following: 1) Trainings that meet the objectives for peer support and c…

02:08:02:02. Timeline for grant application review and awards. The attorney general shall review each complete application. The attorney general shall award grants to approved applicants by May 1 of each calendar year. Source: 48 SDR 74, effective January 23, 2022. General Author…

02:08:02:03. Grant agreements. If an application is approved for funding, the attorney general shall execute a grant agreement with the applicant. The grant agreement must include the following requirements of the applicant: 1) To designate an official to certify on the behalf of…

02:08:02:04. Grant period. A grant agreement begins upon execution of the agreement by the attorney general and the applicant and ends the following May 1. A reimbursement request for eligible costs under the grant agreement must be presented to the attorney general within 30 day…

02:09:01:01. Form for reporting seizure of property. A law enforcement agency shall file a seizure report with the Office of the Attorney General on the prescribed form. The prescribed form is an online form found on the Office of the Attorney General website. The law enforcement…

02:09:01:02. Deadline for seizure reporting. A law enforcement agency shall file a seizure report within ten days from the date property was seized. Any seizure report filed after the time prescribed will be declined by the Office of the Attorney General and the forfeiture action…

Rule 03:01:01:01 Superseded. 3:01:01:01. Petitions for initiation, repeal, or amendment of rules.Superseded.

Rule 03:01:01:02 Federal regulations to be followed. 3:01:01:02. Federal regulations to be followed. In making the determination of whether a person is an employee of the state for the purpose of determining whether old age and survivors insurance contributions shall be made, the…

3:05:01:01. Definitions. As used in this article: (1) "Employee" means any individual working for the executive branch of South Dakota state government. In addition, any individuals who by statute are made subject to these rules are considered employees under these rules; (2) "Ag…

Rule 03:05:01:02 Repealed. 3:05:01:02. Perjury statement required from claimant or agency.Repealed. Source: 2 SDR 23, effective September 29, 1975; 11 SDR 51, effective October 18, 1984; 15 SDR 43, repealed September 18, 1988.

Rule 03:05:01:03 Authorization by agency officer required. 3:05:01:03. Authorization by agency officer required. The authorization signature of the agency official is required on every voucher. The date of signature shall be included. Source: 2 SDR 23, effective September 29, 197…

3:05:01:04. Acceptable signatures. All perjury statements and authorizations require either an original handwritten signature or an electronic signature that is attached using a security procedure capable of verifying the act of the person signing the statement or authorization. …

Rule 03:05:01:05 Declaratory rules. 3:05:01:05. Declaratory rules. Any interested person may petition the state auditor, in writing, for the issuance of a declaratory ruling as to the applicability of any statutory provision or of any rule or order of the state auditor. An origin…

Rule 03:05:02:01 Payroll authorization. 3:05:02:01. Payroll authorization. All payroll authorizations shall be signed by the authorized personnel from each agency. The authorized personnel are those who have been certified by the constitutional officers or department heads and wh…

Rule 03:05:02:02 Payroll correction. 3:05:02:02. Payroll correction. The payroll correction form designated for that purpose is required for all corrections, additions, or deletions from the original payroll authorization. Source: 2 SDR 23, effective September 29, 1975. General A…

Rule 03:05:03:01 Lodging receipt required. 3:05:03:01. Lodging receipt required. An employee traveling on state business who is away from his home station for one or more nights, shall have a bona fide lodging receipt. Hotel or motel receipts shall be the original receipt or that…

Rule 03:05:03:02 Conference, seminar, or workshop attendance. 3:05:03:02. Conference, seminar, or workshop attendance. In addition to other requirements for filing travel vouchers, those persons attending conferences, seminars, or workshops shall attach to their voucher: (1) A co…