SDCL 1-26-4.11

If the agency does not concur with any recommendation of code counsel, the agency may appeal the recommended correction to the Interim Rules Review Committee for appropriate action; (5) The agency shall afford all interested persons reasonable opportunity to submit amendments, data, opinions, or arguments at a public hearing held to adopt the rule. The hearing may be continued from time to time. The agency shall keep minutes of the hearing. A majority of the members of any board or commission authorized to pass rules must be present during the course of the public hearing; (6) If the authority promulgating the rule is a secretary, commissioner, or officer, the agency shall accept written comments regarding the proposed rule for a period of ten days after the public hearing. If the authority promulgating the rule is a board, commission, committee, or task force, each interested person must submit written comments at least seventy-two hours before the public hearing. The seventy-two hours does not include the day of the public hearing. The written comments may be submitted by mail or email. The record of written comments may be closed at the conclusion of the public hearing. The hearing may be continued for the purpose of taking additional comments; (7) After the written comment period, the agency shall consider all amendments, data, opinions, or arguments regarding the proposed rule. A proposed rule may be modified or amended at this time to include or exclude matters that were described in the notice of hearing; and (8) The agency shall, at least seven days before the agency appears before the Interim Rules Review Committee to present the rules: (a) Serve the minutes of the hearing, a complete record of written comments, any housing cost impact statement, the fiscal note, the agency financial resource information required by § 1-26-4.8 , the regulatory impact analysis required by § 1-26-4.11 , and a corrected copy of the rule on the members of the Interim Rules Review Committee and on code counsel; and (b) Publish, to the website referenced in subsection (3)(b) of this section, code counsel's advisement referenced in subdivision (4), the minutes of the public hearing referenced in subdivision (5), the agency financial resource information required by § 1-26-4.8 , the corrected copy of the rule referenced in subsection (8)(a), and any update to the regulatory impact analysis required by §