South Dakota Administrative Code

Rule 20:01:10:04 Repealed. 20:01:10:04. Duties of refiners, importers, and producers. Repealed. Source: 39 SDR 51, effective October 2. 2012; 43 SDR 56, effective October 17, 2016.

Rule 20:01:10:05 Repealed. 20:01:10:05. Duties of distributors. Repealed. Source: 39 SDR 51, effective October 2, 2012; 43 SDR 56, effective October 17, 2016.

Rule 20:01:10:06 Repealed. 20:01:10:06. Duties of retailers. Repealed. Source: 39 SDR 51, effective October 2, 2012; 43 SDR 56, effective October 17, 2016.

Rule 20:01:11:01 Repealed. 20:01:11 :01. Definitions. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:02 Repealed. 20:01:11 :02. Plants subject to regulation. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:03 Repealed. 20:01:11 :03. Microbiological quality. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:04 Repealed. 20:01:11 :04. Turbidity. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:05 Repealed. 20:01:11 :05. Chemical quality. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:06 Repealed. 20:01:11 :06. Radiological quality. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:07 Repealed. 20:01:11 :07. Approved sources of water. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:08 Repealed. 20:01:11 :08. Water sampling requirements from approved sources. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4. 2016.

Rule 20:01:11:09 Repealed. 20:01:11 :09. Water sampling requirements of bottled water. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:10 Repealed. 20:01:11 :10. Record retention. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:11 Repealed. 20:01:11 :11. Information required on plant construction. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:11:12 Repealed. 20:01:11 :12. Label statements. Repealed. Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 42 SDR 97, effective January 4, 2016.

Rule 20:01:12:01 Definitions. 20:01:12:01. Definitions. Terms used in this chapter mean: (1) "Installer," the purchaser or the person, business, or entity that the manufactured home purchaser hires to install a tie-down system; (2) "Manufactured homes," as defined in SDCL 34-34A-…

Rule 20:01:12:02 Standards of new manufactured homes. 20:01:12:02. Standards for new manufactured homes. All new manufactured homes must be installed in accordance with the manufacturer's installation instructions. The manufactured home installer must install a tie-down system in…

Rule 20:01:12:03 Standards for previously-owned manufactured homes constructed on or after June 15, 1976. 20:01:12:03. Standards for previously-owned manufactured homes constructed on or after June 15, 1976. All previously-owned manufactured homes constructed on or after June 15,…

Rule 20:01:12:04 Standards for manufactured homes constructed before June 15, 1996. 20:01:12:04. Standards for manufactured homes constructed before June 15, 1976. All manufactured homes constructed before June 15, 1976, which are installed or reinstalled in the state must be ins…

Rule 20:03:01:01 Definitions. 20:03:01:01. Definitions. Terms defined in SDCL 20-13-1, the South Dakota Human Relations Act of 1972, have the same meanings in this article. In addition, terms used in this article mean: (1) "Respondent," the person against whom a charge is made; (…

Rule 20:03:01:02 Submission of information. 20:03:01:02. Submission of information. If information received by a commissioner or the division discloses that a person is entitled to file a charge, the commissioner or the division shall assist that person in filing. A member of the…

Rule 20:03:01:03 Nondisclosure. 20:03:01:03. Nondisclosure. Information and charges forwarded to the division of human rights by the United States equal employment opportunity commission shall not be disclosed under the following circumstances: (1) Pursuant to Section 709(d) of T…

Rule 20:03:01:04 Issuance, amendment, or repeal of rules. 20:03:01:04.Issuance, amendment, or repeal of rules. Any interested person petitioning the commission for the issuance, amendment, or repeal of any rule or regulation shall file an original and nine legibly duplicated (not…

Rule 20:03:01:05 Declaratory rules. 20:03:01:05. Declaratory rules. Any interested person may petition the commission, in writing, for the issuance of a declaratory ruling as to the applicability of any statutory provision or any rule or order of the commission. An original and n…

Rule 20:03:02:01 Charge by aggrieved person, by organization against employees or members, or by public official. 20:03:02:01. Charge by aggrieved person, by organization against employees or members, or by public official. A charge shall be considered filed when received by the …

Rule 20:03:02:02 Withdrawal of charge. 20:03:02:02. Withdrawal of charge. A charge filed by an aggrieved person or by an organization may be withdrawn only upon written request of the charging party and only with the consent of the division or its duly authorized agent. Source: S…

Rule 20:03:02:03 Contents -- Amendment. 20:03:02:03. Contents -- Amendment. Each charge shall contain the following: (1) The full name, address, and telephone number of the person making the charge; (2) A clear and concise statement of the facts, including pertinent dates, consti…

Rule 20:03:02:04 Charge forwarded by the United States equal employment opportunity commission. 20:03:02:04. Charge forwarded by the United States equal employment opportunity commission. The division may accept charges of unlawful employment discrimination filed within 180 days …

Rule 20:03:03:01 Investigation of charge. 20:03:03:01. Investigation of charge. During the course of the investigation, the division may utilize the services of federal, state and local agencies which are charged with the administration of comparable human relations laws or ordin…

Rule 20:03:03:02 Documentary evidence to be produced by respondent. 20:03:03:02. Documentary evidence to be produced by respondent. Whenever possible the investigating official shall obtain documentary evidence and statements from parties and witnesses by voluntary compliance. If…

Rule 20:03:03:03 Charging party's responsibility during investigation. 20:03:03:03. Charging party's responsibility during investigation. The charging party shall keep the division advised in writing of the charging party's current address and telephone number while the charge is…

Rule 20:03:04:01 Dismissal of charge. 20:03:04:01. Dismissal of charge. If the allegations of a charge on its face or as amplified by the statements of the charging party to the investigating official disclose that the charge is not timely filed or when the subject falls outside …

Rule 20:03:04:01.01 Dismissal of charge filed with EEOC. 20:03:04:01.01. Dismissal of charge filed with EEOC. If a charge filed with the commission is also filed with the Equal Employment Opportunity Commission (EEOC), the investigating official shall enter an order dismissing th…

Rule 20:03:04:02 Finding of no probable cause. 20:03:04:02. Finding of no probable cause. If the investigating official, based upon the investigation, determines that there is not probable cause to support the allegations of a charge, the investigating official shall issue an ord…

Rule 20:03:04:03 Finding of probable cause, conference, and conciliation. 20:03:04:03. Finding of probable cause, conference, and conciliation. Both the charging party and the respondent shall be notified in writing of the finding of probable cause and the respondent shall be inv…

Rule 20:03:04:04 Failure of charging party or respondent to participate in conciliation. 20:03:04:04. Failure of charging party or respondent to participate in conciliation. If the charging party is directed to appear at the conciliation conference and fails or refuses to appear …

Rule 20:03:04:05 Conciliation agreement. 20:03:04:05. Conciliation agreement. In conciliating a case in which a determination of probable cause has been made, the investigating official shall attempt to achieve a just resolution and to obtain assurances that the respondent will e…

Rule 20:03:04:06 Violation of conciliation agreement. 20:03:04:06. Violation of conciliation agreement. If the division determines that the respondent has violated or is violating the terms of settlement and adjustment, the division may seek enforcement according to the terms of …

Rule 20:03:04:07 Termination of proceedings without the consent of charging party. 20:03:04:07. Termination of proceedings without the consent of charging party. The investigating official may, without the consent of the charging party, close the case, if, in the official's opini…

Rule 20:03:04:08 Conciliation agreement not approved by the division. 20:03:04:08. Conciliation agreement not approved by the division. If the terms of settlement and adjustment agreed to by the parties are not approved by the investigating official, the investigating official ne…

Rule 20:03:04:09 Settlement without finding. 20:03:04:09. Settlement without finding. As an alternative to performing a full investigation, the investigating official may attempt to resolve a charge without establishing fault. The resolution must be agreed to by all parties. Sour…

Rule 20:03:05:01 Scheduling charge for hearing. 20:03:05:01. Scheduling charge for hearing. The investigating official shall report to the commission when further effort to settle a charge is futile, and the official shall give the commissioners copies of the original and any ame…

Rule 20:03:05:01.01 Parties' right to discovery. 20:03:05:01.01. Parties' right to discovery. At any time after notice to answer the parties may use the discovery proceedings available under the Administrative Procedures Act, SDCL chapter 1-26, and the Civil Rules Procedure in SD…

Rule 20:03:05:01.02 Investigating official's report. 20:03:05:01.02. Investigating official's report. The investigating official's report shall include the name of the parties; the type of unfair or discriminatory practice alleged (e.g., employment discrimination on the basis of …

Rule 20:03:05:02 Contents of answer -- Construed effect of omissions. 20:03:05:02. Contents of answer -- Construed effect of omissions. The original answer shall be in writing, with the original signed under oath or affirmation by the respondent or the respondent's attorney, and …

Rule 20:03:05:02.01 Further pleadings by the parties and admissions. 20:03:05:02.01. Further pleadings by the parties and admissions. Further pleadings by the parties shall not be made unless the commission chair or the hearing examiner orders them for purposes of clarification o…

Rule 20:03:05:03 Service of answer. 20:03:05:03. Service of answer. One copy of the answer shall be served on all parties, the members of the commission, and the division by personal delivery or by certified or registered mail. An affidavit of mailing or service, copies of the re…