South Dakota Administrative Code

Rule 20:25:02:01 Board meetings. 20:25:02:01. Board meetings. A meeting may be held on call of the chair or on written request of two or more members of the board. A majority of the board constitutes a quorum for the transaction of business. Source: 21 SDR 27, effective August 21…

Rule 20:25:02:02 Board meeting via telephone conference. 20:25:02:02. Board meeting via telephone conference. The board may hold meetings by telephone conference call. Source: 21 SDR 27, effective August 21, 1994. General Authority: SDCL 49-7A-4. Law Implemented: SDCL 49-7A-2, 49…

Rule 20:25:02:03 Voting. 20:25:02:03. Voting. All members of the board, including the chair, may vote. A majority vote of those present is required to take official action. Source: 21 SDR 27, effective August 21, 1994. General Authority: SDCL 49-7A-4. Law Implemented: SDCL 49-7A-…

Rule 20:25:02:04 Repealed. 20:25:02:04. Duties of the chair.Repealed. Source: 21 SDR 27, effective August 21, 1994; 24 SDR 30, effective September 14, 1997; repealed, 28 SDR 58, effective October 29, 2001.

Rule 20:25:02:05 Repealed. 20:25:02:05. Duties of the secretary/treasurer.Repealed. Source: 21 SDR 27, effective August 21, 1994; 24 SDR 30, effective September 14, 1997; repealed, 28 SDR 58, effective October 29, 2001.

Rule 20:25:02:06 Election of officers -- Ability to hire and contract. 20:25:02:06. Election of officers -- Ability to hire and contract. The board shall elect one of its members as chair and another as vice-chair, for such terms and with such duties and powers as the board consi…

Rule 20:25:02:07 Removal of officers. 20:25:02:07. Removal of officers. An officer may be removed by a two-thirds vote of the board. Source: 21 SDR 27, effective August 21, 1994. General Authority: SDCL 49-7A-4. Law Implemented: SDCL 49-7A-2, 49-7A-3.

Rule 20:25:02:08 Filling vacant office. 20:25:02:08. Filling vacant office. A vacant office may be filled by a majority vote of the board. Source: 21 SDR 27, effective August 21, 1994. General Authority: SDCL 49-7A-4. Law Implemented: SDCL 49-7A-2, 49-7A-3.

20:25:03:01. Operator participation. Each operator required by SDCL 49-7A-2 to join the one-call system: (1) Shall provide to the one-call notification center data that allows proper notification to the operator of excavation near the operator's utility lines and updates to the d…

Rule 20:25:03:01.01 Repealed. 20:25:03:01.01. Operator requirements for receiving tickets.Repealed. Source: 26 SDR 161, effective June 8, 2000; repealed, 29 SDR 111, effective February 12, 2003.

Rule 20:25:03:02 Membership classes. 20:25:03:02. Membership classes. One-call members are divided into three classes. A member that falls into more than one class is considered a member in only the higher class. The membership classes are as follows, with Class A as the highest …

Rule 20:25:03:03 Membership fees. 20:25:03:03. Membership fees. The board shall assess an initial membership fee to all one-call members based on their membership classes, as follows: (1) Class A Members: $150; (2) Class B Members: $ 50; (3) Class C Members: $ 35. The board shall…

Rule 20:25:03:04 Information required when initiating a routine locate request. 20:25:03:04. Information required when initiating a routine locate request. The following information is required to be provided by the excavator when a routine locate request is submitted: (1) The na…

Rule 20:25:03:04.01 Information required when initiating a planned excavation locate request. 20:25:03:04.01. Information required when initiating a planned excavation locate request. The following information is required to be provided by the planner when a planned excavation lo…

Rule 20:25:03:04.02 Information required when initiating an informational locate request. 20:25:03:04.02. Information required when initiating an informational locate request. The following information is required to be provided by the person initiating the request when an inform…

Rule 20:25:03:04.03 Locate requests in emergency situations. 20:25:03:04.03. Locate requests in emergency situations. If an excavation is being made in a time of emergency, as defined in SDCL 49-7A-1, all reasonable precautions shall be taken to protect public safety and the unde…

Rule 20:25:03:04.04 No excavation allowed on planned excavation or informational locate requests. 20:25:03:04.04. No excavation allowed on planned excavation or informational locate requests. No excavation activity may occur relative to a planned excavation or informational locat…

Rule 20:25:03:04.05 Operator compensation on informational locate requests. 20:25:03:04.05. Operator compensation on informational locate requests. Operators may require compensation to recover direct labor costs for marking underground facilities on informational locate requests…

Rule 20:25:03:05 Color standards for marking underground facilities and identification of marked facilities. 20:25:03:05. Color standards for marking underground facilities and identification of marked facilities. Operators who must mark their underground facilities as required b…

20:25:03:05.01. Valid period for underground facility markings. Markings of underground facilities are valid up to twenty-one calendar days after the start date on the ticket, so long as the markings are clearly visible. For extensive and continuous excavation activity, the opera…

Rule 20:25:03:05.02 Excavator responsibilities for the preservation of markings. 20:25:03:05.02. Excavator responsibilities for the preservation of markings. After the underground facility operator has marked the location of that operator's underground facilities in the proposed …

Rule 20:25:03:05.03 Excavator responsibilities when excavating near markings. 20:25:03:05.03. Excavator responsibilities when excavating near markings. If excavation is required within eighteen inches, horizontally, of the marked facility, the excavator shall expose the facility …

Rule 20:25:03:05.04 Operator responsibilities when marking underground facilities. 20:25:03:05.04. Operator responsibilities when marking underground facilities. Each operator who is required to mark its underground facilities pursuant to SDCL 49-7A-8 shall identify the undergrou…

Rule 20:25:03:06 Repealed. 20:25:03:06. Excavating near sensitive telecommunications facilities.Repealed. Source: 24 SDR 30, effective September 14, 1997; repealed, 31 SDR 164, effective May 10, 2005.

20:25:03:07. Requirements for operation of a one-call notification center. The one-call notification center shall provide the following services: (1) Accept a location request from the excavator twenty-four hours a day, seven days a week; (2) Accept a locate request by telephone …

Rule 20:25:03:08 Ticket standards. 20:25:03:08. Ticket standards. Tickets shall be prepared by the one-call notification center in the following manner: (1) Statements of time on tickets shall be entered as the local time in effect at the excavation site; (2) Emergency tickets is…

Rule 20:25:03:09 Procedures for marking excavation sites which are impractical to flag, mark, or describe. 20:25:03:09. Procedures for marking excavation sites which are impractical to flag, mark, or describe. If it is impractical to flag, mark, or describe an excavation site the…

Rule 20:25:03:10 Operator requirements after receipt of an emergency or modified routine ticket. 20:25:03:10. Operator requirements after receipt of an emergency or modified routine ticket. Each operator required by SDCL 49-7A-2 to join the one-call system must respond to notific…

Rule 20:25:03:10.01 Operator requirements after receipt of a planned excavation or informational ticket. 20:25:03:10.01. Operator requirements after receipt of a planned excavation or informational ticket. If a planned excavation ticket is issued to mark the site of a planned exc…

Rule 20:25:03:10.02 Procedures for excavation near high profile underground facilities. 20:25:03:10.02. Procedures for excavation near high profile underground facilities. Prior to the legal excavation start date and time, the operator shall communicate with the excavator if, bas…

Rule 20:25:03:11 Petition for declaratory rulings. 20:25:03:11. Petition for declaratory rulings. Any person wishing the board to issue its ruling as to the applicability to that person of any statutory provision or rule or order of the board may file with the board a petition in…

Rule 20:25:03:12 Board action on petition. 20:25:03:12. Board action on petition. Upon receipt of the petition for declaratory ruling, the board may request the petitioner to provide information as may be required for the issuance of its ruling. Within 120 days after the filing o…

Rule 20:25:04:01 Competitive bidding procedures. 20:25:04:01. Competitive bidding procedures. The board shall issue requests for proposals describing the services and the specifications required for the one-call notification center. Following receipt of the proposals, the board s…

Rule 20:36:01:01 Terms defined. 20:36:01:01. Terms defined. Terms used in this article mean: (1) "Abstract," a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific piece of land, issued under a certificate certifying to the mat…

Rule 20:36:01:02 Chain of title. 20:36:01:02. Chain of title. For the purposes of this article, chain of title means documents of conveyance given in a continuous succession of title and: (1) With respect to unplatted lands, the smaller of: (a) Each quarter section of land; or (b…

Rule 20:36:02:01 Organization of board. 20:36:02:01. Organization of board. The organization of the board shall be in accordance with the provisions of SDCL 36-13-1. When the president of the board is absent from the state or disqualified or incapable of acting in any manner, the…

Rule 20:36:02:02 Office of the board -- Address mail -- Notices and communications to the board. 20:36:02:02. Office of the board -- Address mail -- Notices and communications to the board. The office of the board shall be at the place established by the board. Notice of the same…

Rule 20:36:02:03 Seal, books, records, and documents of the board -- Where kept -- Inspection of -- Certified copies -- How obtained. 20:36:02:03. Seal, books, records, and documents of the board -- Where kept -- Inspection of -- Certified copies -- How obtained. The seal of the …

Rule 20:36:02:04 Filing of papers. 20:36:02:04. Filing of papers. The executive secretary shall file all books, records, documents, and papers as are required by law or these rules to be filed, or which are of such importance to the operation of the board as to require filing, or…

Rule 20:36:02:05 Meetings of the board -- Regular -- Special -- How called -- Unanimous consent meetings -- Quorum defined and required. 20:36:02:05. Meetings of the board -- Regular -- Special -- How called -- Unanimous consent meetings -- Quorum defined and required. The board …

Rule 20:36:02:06 Special meetings of the board. 20:36:02:06. Special meetings of the board. Special meetings of the board may be held in accordance with SDCL chapter 1-25. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3,…

Rule 20:36:02:07 Repealed. 20:36:02:07. Unanimous consent meetings of the board. Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.

Rule 20:36:02:08 Quorum requirements. 20:36:02:08. Quorum requirements. A quorum shall consist of a majority of the members of the board, and no official action except to adjourn sine die can be taken at any meeting unless a quorum is present at the time such action is taken. Sou…

Rule 20:36:02:09 Conduct of meeting. 20:36:02:09. Conduct of meeting. The president, or in the president's absence the president pro tem, shall preside at all meetings, and the executive secretary shall keep the minutes. If the executive secretary is absent, the members present s…

Rule 20:36:02:10 Repealed. 20:36:02:10. Orders and decisions of the board. Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.

Rule 20:36:02:11 Appeals. 20:36:02:11. Appeals. An appeal may be taken from any order or decision of the board which is subject to appeal, in the form and manner provided by SDCL 36-13-31. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986. General Author…

Rule 20:36:03:01 Eligibility. 20:36:03:01. Eligibility. An applicant for registration as an abstracter must be a resident of this state, or an active duty member of the armed forces of the United States, or the spouse of an active duty member of the armed forces of the United Sta…

Rule 20:36:03:02 Eligibility to qualify partnership, corporation, and other firm. 20:36:03:02. Eligibility to qualify partnership, corporation, and other firm. If the applicant for registration seeks registration for the purpose of qualifying a partnership, corporation, or other …

Rule 20:36:03:03 Examinations of applicant -- Time, place, and fee. 20:36:03:03. Examinations of applicant -- Time, place, and fee. The board shall conduct a regular examination each year, either before or immediately following the annual convention of the South Dakota Land Title…

Rule 20:36:03:04 Examinations -- Method of conducting. 20:36:03:04. Examinations -- Method of conducting. A member of the board or a designated representative shall be present at all examinations. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR…