South Dakota Administrative Code

05:02:24:03. Documentation required to rebut challenge. For a challenged voter to demonstrate the sufficiency of the voter's qualifications, the voter must provide the county auditor with an original or a photocopy of the voter's South Dakota driver license or South Dakota nondri…

05:02:24:04. Process to establish validity of challenge. Upon receipt of a combined application form and affidavit, the county auditor shall scan the form into the computerized voter registration system maintained by the secretary of state. The county auditor shall evaluate the i…

05:02:24:05. Challenged voter qualification hearing. Upon receipt of the verification request described in § 5:02:24:04, a challenged voter may, within thirty days of the postmark date, request a hearing with the county auditor to demonstrate the sufficiency of the voter's qualif…

05:02:24:06. Resolution of challenge. Upon receipt of the challenged voter's documentation or upon the conclusion of the challenged voter qualification hearing held pursuant to § 5:02:24:05, the county auditor shall review the evidence presented and determine the sufficiency of t…

Rule 05:04:02:01 Repealed. 5:04:02:01. Definitions.Repealed. Source: 14 SDR 50, effective October 4, 1987; repealed, 30 SDR 189, effective June 9, 2004.

Rule 05:04:02:02 Repealed. 5:04:02:02. Standard forms.Repealed. Source: 14 SDR 50, effective October 4, 1987; 23 SDR 228, effective July 2, 1997; repealed, 30 SDR 189, effective June 9, 2004.

Rule 05:04:02:03 Repealed. 5:04:02:03. Filing fees.Repealed. Source: 14 SDR 50, effective October 4, 1987; repealed, 23 SDR 228, effective July 2, 1997.

Rule 05:04:02:04 Repealed. 5:04:02:04. Fee for access to EFS master list.Repealed. Source: 14 SDR 50, effective October 4, 1987; repealed, 30 SDR 189, effective June 9, 2004.

Rule 05:04:02:05 Repealed. 5:04:02:05. Fees for copies of statewide master list or specialized lists.Repealed. Source: 14 SDR 50, effective October 4, 1987; repealed, 30 SDR 189, effective June 9, 2004.

Rule 05:04:02:06 Repealed. 5:04:02:06. Fees for UCC computer access.Repealed. Source: 14 SDR 182, effective July 10, 1988; repealed, 30 SDR 189, effective June 9, 2004.

Rule 05:04:02:07 Requirements for central recording of real property liens. 5:04:02:07. Requirements for central recording of real property liens. Each county register of deeds shall notify the secretary of state of the email address to which all recordings pursuant to SDCL 57A-9…

5:04:03:01. Notary public application and oath. The application for a notary public and an e-notary must contain: (1) A statement indicating the application fee of thirty dollars; (2) Spaces where the applicant may provide the applicant's: (a) Name; (b) Street address; (c) City; …

Rule 05:04:03:02 Repealed. 5:04:03:02. Form for notary public notification of change of name and request to correct record. Repealed. Source: 28 SDR 54, effective October 22, 2001; 30 SDR 189, effective June 9, 2004; repealed, 35 SDR 165, effective December 22, 2008.

Rule 05:04:03:03 Repealed. 5:04:03:03. Form for notary public notification of change of seal and request to correct record. Repealed. Source: 30 SDR 189, effective June 9, 2004; repealed, 35 SDR 165, effective December 22, 2008.

5:04:03:04. Form for notary public request to change record. The form for notary public and e-notary request to Change Record must contain: (1) Space where the applicant may provide the applicant's: (a) Name; (b) Additional names commissioned under; (c) Commission date; (d) Count…

Rule 05:04:04:01 Definitions. 5:04:04:01. Definitions. Terms used in this chapter mean: (1) "Amendment," a UCC record that amends the information contained in a financing statement. Amendments may include assignments as well as one or more amendments. However, continuations and t…

Rule 05:04:04:02 UCC record delivery. 5:04:04:02. UCC record delivery. UCC records may be tendered for filing at the filing office. The types of delivery methods are as follows: (1) Personal or courier delivery. The file time for a UCC record delivered by this method shall be tha…

Rule 05:04:04:03 Search request delivery. 5:04:04:03. Search request delivery. A UCC search request may be delivered to the filing office by any of the means by which UCC records may be delivered to the filing office. In addition to the means described in the preceding sentence, …

Rule 05:04:04:04 Repealed. 5:04:04:04. Approved forms. Repealed. Source: 28 SDR 23, effective July 18, 2001; repealed, 40 SDR 39, effective September 9, 2013.

Rule 05:04:04:05 No fee for a termination statement. 5:04:04:05. No fee for termination statement. No fee is charged for filing a termination statement. Source: 28 SDR 23, effective July 18, 2001. General Authority:SDCL 57A-9-526. Law Implemented:SDCL 57A-9-525.2.

Rule 05:04:04:06 Methods of payment. 5:04:04:06. Methods of payment. The filing fee and fee for public records services may be paid by the following methods: (1) Cash. Payment in cash shall be accepted if paid in person at the filing office; (2) Checks. Personal checks, cashier's…

Rule 05:04:04:07 Underpayment of fees. 5:04:04:07. Underpayment of fees. Upon receipt of a document with an insufficient fee, the record shall be returned to the remitter. Any fee received shall be returned with the record or under separate cover. Source: 28 SDR 23, effective Jul…

Rule 05:04:04:08 Public records. 5:04:04:08. Public records. Public records are provided on a nondiscriminatory basis to any member of the public on the terms described in this chapter. The following methods are available for obtaining copies of UCC records and copies of data fro…

Rule 05:04:04:09 Acceptance and refusal of records -- Role of filing officer. 5:04:04:09. Acceptance and refusal of records -- Role of filing officer. The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. When filing …

Rule 05:04:04:10 Acceptance and refusal of records -- Grounds for refusal. 5:04:04:10. Acceptance and refusal of records -- Grounds for refusal. In addition to the grounds listed in SDCL 57A-9-516 allowing the filing office to refuse a UCC record, the filing officer shall refuse …

Rule 05:04:04:11 Acceptance and refusal of records -- Procedure upon refusal. 5:04:04:11. Acceptance and refusal of records -- Procedure upon refusal. Except as provided in § 5:04:04:06, if the filing officer finds grounds to refuse a UCC record, the filing officer shall return t…

Rule 05:04:04:12 Legal effectiveness of filing. 5:04:04:12. Legal effectiveness of filing. The responsibility for the legal effectiveness of the filing rests with the filer and remitter and the filing office bears no responsibility for legal effectiveness of the filing. Source: 2…

Rule 05:04:04:13 Repealed. 5:04:04:13. Acceptance and refusal of records -- Refusal errors. Repealed. Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

Rule 05:04:04:14 UCC information management system -- Primary data elements. 5:04:04:14. UCC information management system -- Primary data elements. The primary data elements used in the UCC information management system are the following: (1) Identification number. Each initial …

Rule 05:04:04:15 UCC information management system -- Names of debtors who are individuals. 5:04:04:15. UCC information management system -- Names of debtors who are individuals. For the purpose of this rule, individual, means a human being, or a decedent in the case of a debtor …

Rule 05:04:04:16 UCC information management system -- Names of debtors that are organizations. 5:04:04:16. UCC information management system -- Names of debtors that are organizations. The name of an organization as a debtor or a secured party on a UCC record shall be completed a…

Rule 05:04:04:17 UCC information management system -- Estates. 5:04:04:17. UCC information management systems -- Estates. Although an estate is not an individual, each estate is treated as if the decedent is the debtor as approved by § 5:04:04:15. Source: 28 SDR 23, effective Jul…

Rule 05:04:04:18 UCC information management system -- Trusts. 5:04:04:18. UCC information management system -- Trusts. If the trust is named in an organic record, the trust's full legal name as set forth in such record is used. Each trust shall be treated as an organization. If t…

Rule 05:04:04:19 UCC information management system -- Initial financing statement. 5:04:04:19. UCC information management system -- Initial financing statement. Upon the filing of an initial financing statement the status of each party shall be made. A secured party may not be on…

Rule 05:04:04:20 Repealed. 5:04:04:20. UCC information management system -- Amendment. Repealed. Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

Rule 05:04:04:21 Repealed. 5:04:04:21. UCC information management system -- Assignment of powers of secured party of record. Repealed. Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

Rule 05:04:04:22 Repealed. 5:04:04:22. UCC information management system -- Continuation. Repealed. Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

Rule 05:04:04:23 UCC information management system -- Errors of the filing officer. 5:04:04:23. UCC information management system -- Errors of the filing officer. The filing office may correct the errors of filing officer personnel in the UCC information management system at any …

Rule 05:04:04:24 UCC information management system -- Correction statement. 5:04:04:24. UCC information management system -- Correction statement. The filing of a correction statement does not affect the status of the financing statement or any party to the financing statement. S…

Rule 05:04:04:25 UCC information management system -- Termination. 5:04:04:25. UCC information management system -- Termination. The filing office may not remove a debtor's name from the index until one year after the effectiveness of a financing statement naming the debtor lapse…

Rule 05:04:04:26 UCC information management system -- Procedure upon lapse. 5:04:04:26. UCC information management system -- Procedure upon lapse. If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse dat…

Rule 05:04:04:27 UCC information management system -- Notice of bankruptcy. 5:04:04:27. UCC information management system -- Notice of bankruptcy.The filing officer may not take action concerning the receipt of a notification, formal or informal, of a bankruptcy proceeding involv…

Rule 05:04:04:28 Search requests and reports -- Search requests. 5:04:04:28. Search requests and reports -- Search requests. Each search request shall contain the following information: (1) Name searched. A search request shall name the debtor to be searched and specify whether t…

Rule 05:04:04:29 Search requests and reports -- Rules applied to search requests. 5:04:04:29. Search requests and reports -- Rules applied to search requests. Search results are produced by the application of standardized search logic to the name presented to the filing officer. …

Rule 05:04:04:30 Search requests and reports -- Optional information. 5:04:04:30. Search requests and reports -- Optional information. A UCC search request may contain any of the following information: (1) The request may ask for copies of UCC records identified on the primary se…

Rule 05:04:04:31 Search requests and reports -- Search responses. 5:04:04:31. Search requests and reports -- Search responses. Reports created in response to a search request shall include the following: (1) Filing officer. Identification of the filing officer and the certificati…

Rule 05:04:05:01 Repealed. 5:04:05:01. Fees for domestic business trusts. Repealed. Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

Rule 05:04:05:02 Repealed. 5:04:05:02. Fees for expedited services. Repealed. Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

Rule 05:04:05:03 Repealed. 5:04:05:03. Fees for foreign business trusts. Repealed. Source: 28 SDR 23, effective July 18, 2001; 42 SDR 177, effective June 30, 2016.

Rule 05:04:06:01 Repealed. 5:04:06:01. File export format. Repealed. Source: 28 SDR 54, effective October, 22, 2001; 30 SDR 189, effective June 9, 2004; repealed, 39 SDR 123, effective January 16, 2013.