South Dakota Administrative Code

Rule 20:09:24:01 Description of program. 20:09:24:01. Description of program. The rural site development program stimulates the development of new affordable housing subdivisions within rural communities in South Dakota which demonstrate a need for such development. The authority…

Rule 20:09:24:02 Eligibility. 20:09:24:02. Eligibility. Loans or other authority financing may be provided to rural site development projects which meet the following criteria: (1) The applicant must provide evidence of credit worthiness and repayment ability; (2) The applicant m…

Rule 20:09:24:03 Applications. 20:09:24:03. Applications. Applications to the authority must be made on forms provided by the executive director. Source: 22 SDR 64, effective November 12, 1995. General Authority:SDCL 11-11-30, 11-11-128, 11-11-141, 11-11-143, 11-11-165, 11-11-180…

Rule 20:09:24:04 Terms. 20:09:24:04. Terms. Loans and other authority financing established pursuant to this program shall be upon terms and conditions, interest rates, repayment arrangements, and fees as set forth in the loan agreement between the authority and the applicant. So…

Rule 20:09:25:01 Description of the program. 20:09:25:01. Description of the program. The flexible lending/guarantee program provides construction, first, and junior loans to borrowers; provides grants to borrowers; and provides for the leveraging of commercial lender funds for t…

Rule 20:09:25:02 Eligible activities and occupants. 20:09:25:02. Eligible activities and occupants. Only single-family housing, multifamily housing, assisted living centers, congregate housing, and day care centers are eligible for authority assistance pursuant to this program. S…

Rule 20:09:25:03 Reserve program. 20:09:25:03. Reserve program. The flexible lending/guarantee program is a reserve program but may use other authority financing as well as reserves. Source: 22 SDR 64, effective November 11, 1995. General Authority:SDCL 11-11-30, 11-11-128, 11-11…

Rule 20:09:25:04 Terms and conditions. 20:09:25:04. Terms and conditions. The authority shall specify the terms and conditions for loans, guarantees, and grants in the contract between the authority and the applicant. The authority shall give priority to projects which have at le…

Rule 20:09:25:05 Repealed. 20:09:25:05. Applications. Repealed. Source: 22 SDR 64, effective November 11, 1995; repealed, SL 2012, ch 79, § 79, effective July 1, 2012.

20:09:26:01. Definitions. Terms used in this chapter mean: (1) "Airport infrastructure funding," a loan, from the housing infrastructure fund, for airport infrastructure; (2) "Airport infrastructure project," improvements to or maintenance of airport infrastructure for an airport…

20:09:26:02. Eligibility for housing infrastructure funding. To be eligible for housing infrastructure funding, an applicant must: (1) Be a for-profit entity, nonprofit entity, political subdivision, Indian tribe, or an agency of an Indian tribe; (2) Submit an application for hou…

20:09:26:03. Ineligible housing infrastructure projects. A housing infrastructure project not requesting funding from the American Rescue Plan Act of 2021, Pub. L. No. 117-2, 135 Stat. 4 (2022), is not eligible for housing infrastructure funding if construction on the housing inf…

20:09:26:04. Housing infrastructure application form. The authority shall prescribe the application form for housing infrastructure funding and shall publish the form on the authority’s website. The form must require the applicant to provide the information and documentation nece…

20:09:26:05. Consideration of housing infrastructure funding applications. The authority shall consider a complete application for housing infrastructure funding in the order in which applications are received by the authority. The authority is not required to consider an incompl…

20:09:26:06. Criteria for housing infrastructure funding. The authority shall evaluate an application for housing infrastructure funding based on the following criteria: (1) The need for the proposed housing infrastructure project as demonstrated by a market study; (2) The impact…

20:09:26:07. Consultation. Subject to any limitations under federal or state law, the authority may share information regarding the applicant, the application, or the housing infrastructure project, and may consult with the applicable political subdivision or Indian tribe, with s…

20:09:26:08. Approval of housing infrastructure project by local governing body. An applicant shall submit with the application for housing infrastructure funding a resolution of the applicable political subdivision or Indian tribe stating: (1) The political subdivision or Indian…

20:09:26:09. Location of housing infrastructure projects. An eligible housing infrastructure project that is to be owned or maintained by a municipality must be located within the municipality’s corporate limits, unless there is a plan to annex into the municipality's corporate l…

20:09:26:10. Housing infrastructure funding limitations. The amount of housing infrastructure funding that the authority may award to an eligible applicant is limited, based on the documented number of eligible housing units that the proposed public infrastructure supports, as fo…

20:09:26:11. Use of housing infrastructure funding. Housing infrastructure funding may not be used to finance: (1) The acquisition of real property that is not developed as public infrastructure; (2) The construction of any permanent physical structure or building other than publ…

20:09:26:12. Total housing infrastructure project cost. The total project cost of a housing infrastructure project may include the direct costs associated with: (1) The purchase of real property to be developed as public infrastructure and housing; (2) Necessary site development …

20:09:26:13. Housing infrastructure project applications for American Rescue Plan Act funding. An applicant for housing infrastructure funding may only apply for funds from the American Rescue Plan Act of 2021, Pub. L. No. 117-2, 135 Stat. 4 (2022), if the housing infrastructure …

20:09:26:14. Approval of housing infrastructure funding -- Conditional commitment -- Written agreement. The board shall approve or deny an application for housing infrastructure funding based on the criteria established in § 20:09:26:06. If an application is approved by the board…

20:09:26:15. Modification of housing infrastructure funding. The authority may amend the amount of the housing infrastructure funding at any time before closing, based on the final itemization of the total project cost. The executive director of the authority may approve and auth…

20:09:26:16. Maturity and interest rate of housing infrastructure project loan. The maturity of a housing infrastructure project loan may not be more than ten years from the date of loan closing, with payments amortized over not more than twenty-five years. The authority shall es…

20:09:26:17. Time restrictions on housing infrastructure funding applicant. The authority may require an applicant to return housing infrastructure funding if the applicant fails to commence construction on the housing infrastructure project within nine months of the date of the …

20:09:26:18. Payment and performance bonding for housing infrastructure projects -- Letter of credit. An applicant for housing infrastructure funding shall ensure compliance with the requirements of the applicable political subdivision or Indian tribe for contractor bonding. If t…

20:09:26:19. Disbursements of housing infrastructure funding. In order to receive a periodic disbursement of housing infrastructure funding, an applicant must: (1) Enter into a written agreement; (2) Remain in compliance with the written agreement and applicable law; and (3) Prov…

20:09:26:20. Access and documents. An applicant shall grant the authority reasonable access to the housing infrastructure project or school district project site and to the applicant’s records related to the project. An applicant shall provide any information or documentation req…

20:09:26:21. Waiver. An applicant unable to meet one or more of the requirements of this chapter may submit a waiver request with supporting documentation to the authority. The authority may grant or deny the waiver request based on the information submitted by the applicant. The…

20:09:26:22. School district funding application form. The authority shall prescribe the application form for school district funding and shall publish the form on the authority's website. The form must require the applicant to provide the information and documentation necessary …

20:09:26:23. Criteria for school district funding. The authority shall evaluate an application for school district funding based on the following criteria: (1) Whether the applicant is a school district as described in SDCL 11-15-8; (2) The applicant's control of the school distr…

20:09:26:24. School district funding approval -- Written agreement. The board shall approve or deny an application based on the criteria established in § 20:09:26:23. If the application is approved by the board and the applicant elects to proceed, the parties must enter into a wr…

20:09:26:25. Airport funding application form. The authority shall prescribe the application form for airport infrastructure funding and shall publish the form on the authority's website. The form must require that the applicant provide the information and documentation necessary…

20:09:26:26. Criteria for airport infrastructure funding. The authority shall evaluate an application for airport infrastructure funding, as provided in § 20:09:26:25, based on the following criteria: (1) Whether the applicant is the owner or operator of an airport as described i…

20:09:26:27. Airport infrastructure funding approval -- Written agreement. The board shall approve or deny an application based on the criteria established in § 20:09:26:26. If the application is approved by the board and the applicant elects to proceed, the parties must enter in…

Rule 20:10:01:01 Sessions of commission. 20:10:01:01. Sessions of commission. The office of the commission shall be in the capitol at Pierre and shall be open each business day for the transaction of business. Meetings or hearings dealing with particular matters shall be held at …

Rule 20:10:01:01.01 Definitions. 20:10:01:01.01. Definitions. Terms used in this chapter mean: (1) "Commission," the Public Utilities Commission of the state of South Dakota; (2) "Applicant" or "petitioner," a party seeking approval, authority, or other relief; or any person who …

Rule 20:10:01:01.02 Use of rules of civil procedure. 20:10:01:01.02. Use of rules of civil procedure. Except to the extent a provision is not appropriately applied to an agency proceeding or is in conflict with SDCL chapter 1-26, another statute governing the proceeding, or the c…

Rule 20:10:01:02 Appearances. 20:10:01:02. Appearances. Any party to a proceeding may appear before the commission and be heard either in person or by attorney. Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25…

20:10:01:02.01. Communications with commissioners. All correspondence with the commission must be addressed to the commission's executive director at the commission's principal office or via electronic mail addressed to the commission's executive director. Official correspondence…

Rule 20:10:01:02.02 Filing documents with the commission. 20:10:01:02.02. Filing documents with the commission. When a document is required to be filed with the commission by a specific date or within a prescribed period and the document is served upon the commission by mail, thr…

Rule 20:10:01:02.03 Contents and filing of pleadings. 20:10:01:02.03. Contents and filing of pleadings. Except for consumer complaints, each pleading shall be filed with the commission at the time the pleading is served and shall include the following: (1) The heading and caption…

Rule 20:10:01:02.04 Withdrawal and dismissal of pleading prior to final order. 20:10:01:02.04. Withdrawal and dismissal of pleading prior to final order. A pleading may be dismissed or withdrawn prior to entry of a final order by the commission if a stipulated agreement is filed …

20:10:01:02.05. Filing of documents. Unless otherwise allowed by statute, rule, or commission order and as provided below, any document filed with the commission must be filed electronically as a .pdf file via the commission's website. If the document is unable to be filed as a .…

Rule 20:10:01:03 Repealed. 20:10:01:03. Parties in common carrier actions.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:01:04 Repealed. 20:10:01:04. Parties in actions relating to rates of carriers.Repealed. Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.