South Dakota Administrative Code

Rule 02:01:04:14 Notice of contested case hearing. 2:01:04:14. Notice of contested case hearing. At least ten days notice of a contested case hearing shall be given by the executive secretary to all interested persons including the person who filed the original application, the p…

Rule 02:01:04:15 Intervention in contested case. 2:01:04:15. Intervention in contested case. The commission or hearing officer may allow any person beneficially interested in the controversy to intervene in a contested case hearing upon filing with the executive secretary, no lat…

Rule 02:01:04:16 Service of petition in intervention. 2:01:04:16. Service of petition in intervention. The executive secretary shall, if time permits before the contested case hearing, mail copies of any duly filed petition in intervention to all parties to the contested case hea…

Rule 02:01:04:17 Hearing procedure. 2:01:04:17. Hearing procedure. All petitions for contested case hearings to be heard shall be upon notice and the procedure shall be as follows: (1) Presentation by petitioners; (2) Cross-examination of petitioners, proponents, witnesses or sta…

Rule 02:01:05:01 Transferred. 2:01:05:01. Transferred to § 2:01:04:03.01. Rule 02:01:05:01.01 Investigation of proposal, report. 2:01:05:01.01. Investigation of proposal, report. The executive secretary shall make an investigation and secure the advice and counsel of experts in t…

Rule 02:01:05:01.01 Investigation of proposal, report. 2:01:05:01.01. Investigation of proposal, report. The executive secretary shall make an investigation and secure the advice and counsel of experts in the field and submit such report and recommendations to the commission with…

Rule 02:01:05:02 Transferred. 2:01:05:02. Transferred to § 2:01:04:09. Rule 02:01:05:02.01 Consideration of a petition for rules. 2:01:05:02.01. Consideration of a petition for rules. The executive secretary shall notify the petitioner of the time and place of the board meeting a…

Rule 02:01:05:02.01 Consideration of a petition for rules. 2:01:05:02.01. Consideration of a petition for rules. The executive secretary shall notify the petitioner of the time and place of the board meeting at which his request will be considered, and the petitioner shall be giv…

Rule 02:01:05:03 Transferred. 2:01:05:03. Transferred to § 2:01:04:05.01. Rule 02:01:05:03.01 Executive secretary responsible for administrative functions of rule-making process. 2:01:05:03.01. Executive secretary responsible for administrative functions of rule-making process. T…

Rule 02:01:05:03.01 Executive secretary responsible for administrative functions of rule-making process. 2:01:05:03.01. Executive secretary responsible for administrative functions of rule-making process. The secretary shall be responsible for the filing of notice and proposed ru…

Rule 02:01:05:04 Repealed. 2:01:05:04. Commission action.Repealed. Source: SL 1975, ch 16, § 1; repealed, 2 SDR 37, effective November 20, 1975. Rule 02:01:05:04.01 Executive secretary shall hold a public hearing on proposed rules. 2:01:05:04.01. Executive secretary shall hold a …

Rule 02:01:05:04.01 Executive secretary shall hold a public hearing on proposed rules. 2:01:05:04.01. Executive secretary shall hold a public hearing on proposed rules. Public hearings shall be held in a community or communities which the executive secretary selects unless the co…

Rule 02:01:05:05 Executive secretary shall make a record of public comment for commission. 2:01:05:05. Executive secretary shall make a record of public comment for commission. The executive secretary shall keep accurate minutes of the oral testimony given at the public hearing, …

2:01:05:06. Emergency rules. Repealed. Source: 2 SDR 37, effective November 20, 1975; 50 SDR 63, effective November 28, 2023.

Rule 02:01:05:07 Request for explanation of the adoption of a rule. 2:01:05:07. Request for explanation of the adoption of a rule. A person who desires a statement from the commission of its reasons for adoption of a rule under SDCL 1-26-7.1 shall file a written request with the …

Rule 02:01:06:01 Training program required for permanent status. 2:01:06:01. Training program required for permanent status. No person shall be certified as a law enforcement officer until such person has satisfactorily completed a training program approved by the commission. Sou…

Rule 02:01:06:01.01 Priority for training. 2:01:06:01.01. Priority for training. Municipal officers, county officers, highway patrolmen, division of criminal investigation agents, and conservation officers shall have priority for certification training. The request for certificat…

2:01:06:02. Temporary or probationary appointment. A person qualified under chapter 2:01:02 who has not completed the training program required by § 2:01:06:01 or whose certification has expired under § 2:01:02:11, may be appointed on a temporary or probationary basis as a noncer…

Rule 02:01:06:02.01 Emergency response appointment. 02:01:06:02.01. Emergency response appointment. A person qualified under chapter 2:01:02 who has not completed the training program required by § 2:01:06:01 may be appointed on a temporary basis as a law enforcement officer in o…

02:01:06:02.02. Calculation of temporary or probationary appointment period. The Law Enforcement Officers Standards and Training Commission shall count any time the officer served as a noncertified law enforcement officer and subtract said time from the period authorized by § 2:0…

02:01:06:02.03. Temporary or probationary period reset. Notwithstanding § 2:01:06:02.02, the Law Enforcement Officers Standards and Training Commission shall grant a person an additional twelve months to complete the training program required by § 2:01:06:01 if said person: (1) S…

2:01:06:03. Reciprocity. The Law Enforcement Officers Standards and Training Commission may waive any portion of the training program requirement of § 2:01:06:01, except firearms, emergency vehicle operations course, use of force, and the written reciprocity examination, upon for…

2:01:06:03.01. Refresher course. Repealed. Source: 28 SDR 150, effective May 2, 2002; 50 SDR 63, effective November 28, 2023.

Rule 02:01:06:04 Certificate of qualification. 2:01:06:04. Certificate of qualification. Upon successful completion of the training program required by § 2:01:06:01 or the waiver of the training program under § 2:01:06:03, and upon receipt of a statement signed by the head of the…

Rule 02:01:06:05 Approved basic training course. 2:01:06:05. Approved basic training course. The commission shall approve a basic training course for certification as a law enforcement officer which consists of a 520 hour curriculum of training which includes the following subjec…

Rule 02:01:06:05.01 Dismissal from basic training course. 02:01:06:05.01. Dismissal from basic training course. A person who fails to successfully complete the basic training program due to dismissal from employment or a voluntary resignation from the basic training program, but …

Rule 02:01:06:06 Successful completion of training course. 2:01:06:06. 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 02:01:06:07 Place of training. 2:01:06:07. 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: 2 SDR 37, effective November 20, 1…

Rule 02:01:06:08 Time course is conducted. 2:01:06:08. Time course is conducted. The approved basic training course shall commence at such times as the executive secretary shall deem appropriate. Source: 2 SDR 37, effective November 20, 1975. General Authority:SDCL 23-3-35(1), 23…

Rule 02:01:06:09 Student discipline during basic training course. 2:01:06:09. 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…

Rule 02:01:06:10 Repealed. 2:01:06:10. Firearms.Repealed. Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.

Rule 02:01:06:11 Repealed. 2:01:06:11. Guests of opposite sex.Repealed. Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.

Rule 02:01:06:12 Repealed. 2:01:06:12. Alcoholic beverages.Repealed. Source: 2 SDR 37, effective November 20, 1975; repealed, 25 SDR 34, effective September 16, 1998.

Rule 02:01:06:13 Repealed. 2:01:06:13. Arrest.Repealed. Source: 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; repealed, 25 SDR 34, effective September 16, 1998.

2:01:06:14. Dismissal. The executive secretary of the Law Enforcement Officers Standards and Training Commission may dismiss from the school any person who violates any restriction or regulation established by the executive secretary to administer or maintain order during the bas…

Rule 02:01:06:15 Appeal. 2:01:06:15. Appeal. The executive secretary's decision to dismiss shall be appealable under chapter 2:01:04. Source: 2 SDR 37, effective November 20, 1975. General Authority:SDCL 23-3-35(1). Law Implemented:SDCL 1-26-18.

Rule 02:01:06:16 Repealed. 2:01:06:16. Training program fees. Repealed. Source: 14 SDR 81, effective December 6, 1987; 18 SDR 188, effective May 17, 1992; 25 SDR 34, effective September 16, 1998; 27 SDR 63, effective January 2, 2001; repealed, 36 SDR 216, effective July 6, 2010.

2:01:06:17. Basic requirement for continuing education of officers. Beginning July 1, 2006, to maintain a basic certification, a law enforcement officer must complete 40 hours of training in a two-year period in the following areas: (1) Annual firearms requalification to include …

Rule 02:01:06:17.01 Firearm requalification. 2:01:06:17.01. Firearm requalification. Each law enforcement officer shall requalify with the officer's duty handgun every calendar year by completing a certified shooting course that is administered by a firearms instructor who has be…

Rule 02:01:06:17.02 Issuance, denial, or revocation of qualification. 2:01:06:17.02. Issuance, denial, or revocation of qualification. A law enforcement officer who does not successfully complete the requirements in § 2:01:06:17, may not perform the duties of a law enforcement of…

Rule 02:01:06:17.03 Waiver. 2:01:06:17.03. Waiver. The commission may waive the requirements of any provision of this section upon presentation of documentary evidence by an agency that a law enforcement officer has satisfactorily completed training equivalent to that required in…

Rule 02:01:06:17.04 Notification of suspension or revocation of certification -- Hearing. 2:01:06:17.04. Notification of suspension or revocation of certification -- Hearing. The executive secretary shall notify in writing any law enforcement officer and the agency administrator …

Rule 02:01:06:17.05 Standards for authorization to act as firearms instructor. 2:01:06:17.05. Standards for authorization to act as firearms instructor. The commission or the executive secretary may authorize an individual to act as a firearms instructor under § 2:01:06:17.01, if…

Rule 02:01:07:01 Definitions. 2:01:07:01. Definitions. Terms used in chapters 2:01:07 to 2:01:09, inclusive, mean: (1) "Commission," the law enforcement standards and training commission established by SDCL 23-3-28; (2) "Emergency," any unforeseen condition or situation that invo…

Rule 02:01:07:02 Direction and control of chief officer. 2:01:07:02. Direction and control of chief officer. Any reserve law enforcement officer or reserve law enforcement officer unit is subject to the direction and control of the chief officer of the law enforcement agency that…

Rule 02:01:07:03 Compensation for special events. 2:01:07:03. Compensation for special events. The executive secretary may authorize a law enforcement agency to pay compensation to a reserve officer for order, maintenance, and security functions at sporting events, parades, and o…

Rule 02:01:07:03.01 Compensation of reserve law enforcement officers when full- or part-time officers are called to active military duty. 2:01:07:03.01. Compensation of reserve law enforcement officers when full- or part-time officers are called to active military duty. The execu…

Rule 02:01:07:03.02 Expired. 02:01:07:03.02. Compensation of reserve law enforcement officers to respond to emergencies. (Expired 7/26/2020) Source: 46 SDR 125, effective April 27, 2020 (Emergency Rule); Expired July 26, 2020.

Rule 02:01:07:04 Supervision. 2:01:07:04. Supervision. A reserve officer shall work under the direct supervision of a certified law enforcement officer, unless the reserve officer is certified pursuant to chapter 2:01:02, or has at least 320 hours of training and experience as a …

Rule 02:01:07:05 Power of arrest. 2:01:07:05. Power of arrest. A certified reserve law enforcement officer has the same power of arrest granted to a law enforcement officer pursuant to SDCL chapter 23A-3. Source: 26 SDR 120, effective March 27, 2000. General Authority:SDCL 23-3-3…