Title 1 — STATE AFFAIRS AND GOVERNMENT

Unless otherwise ordered by the circuit court, the appellant shall serve a brief within thirty days after the delivery of the transcript of the contested case hearing to counsel for the parties or to the parties if unrepresented by counsel or within thirty days after the agency r…

The brief of the appellant shall contain under appropriate headings in the order here indicated: (1) A jurisdictional statement setting forth the date and the form of the agency decision, ruling or action sought to be reviewed and the date when the notice of appeal was filed with…

The brief of the appellee shall conform to the same requirements as the brief of the appellant, except that the jurisdictional statement, statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statements made by the appellant. If a no…

1-26-33.6 Speedy hearing and determination. 1-26-34 Circuit court may order agency to take additional evidence. 1-26-35 Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary. 1-26-36 Weight given to agency findings--Disposition of case--Grounds for…

Upon the filing of the record and other papers in the office of the clerk of the circuit court, it shall be the duty of such court when its attention is called to the matter by the parties, or one of them, immediately to fix a date for hearing, and said cause shall be speedily he…

If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding b…

The review shall be conducted by the court without a jury and shall be confined to the record. A trial de novo may not be granted unless otherwise authorized by law, but in cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may …

The court shall give great weight to the findings made and inferences drawn by an agency on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the app…

An appellee may obtain review of a final decision, ruling, or action of any agency which may adversely affect the appellee by filing a notice of review with the clerk of the circuit court within twenty days after service of the notice of appeal. If a statement of additional issue…

An aggrieved party or the agency may obtain a review of any final judgment of the circuit court under this chapter by appeal to the Supreme Court. The appeal shall be taken as in other civil cases. The Supreme Court shall give the same deference to the findings of fact, conclusio…

The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall: (1) Give the agency which promulgated the rule a…

If an agency amends an existing rule, the amendment becomes provisionally effective and subject to §

1-26-40 Severability of provisions. 1-26-41 Citation of chapter.

Any publication described in § 1-26-6.6 must be returned to the agency upon completion of the code counsel's review and retained by the agency. Twenty days before the public hearing, the agency shall serve the commissioner of the Bureau of Finance and Management with a copy of: t…

If the Interim Rules Review Committee reverts a rule to consider amendments to the proposed rule, the agency may make the amendment and resubmit the rule as amended at the next meeting of the Interim Rules Review Committee. An agency is not required to hold a hearing on an amendm…

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, da…

For a major rule, the Interim Rules Review Committee may: (1) Revert the rule to an earlier step in the rule adoption procedure to permit consideration of an amendment to the proposed rule that would no longer make it a major rule; (2) Determine there is sufficient legislative au…

An agency shall, when submitting any proposed rule, except an emergency rule, include a fiscal note. The fiscal note must provide what effect, if any, the proposed rule will have on the revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions. The…

No permanent rule may be filed with the secretary of state without the review of the rule by the Interim Rules Review Committee. No permanent rule may be filed with the secretary of state if more than sixty days have passed from the date the Interim Rules Review Committee adopts …

If an act of the Legislature, which becomes effective on the date set by § 2-14-16 , contains an authorization for an agency to promulgate rules, the agency may perform the acts specified in § 1-26-4 or 1-26-5 any time after the Governor has signed the act containing the authoriz…

All notices of hearings on the adoption of rules made prior to July 1, 1984, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred…

Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under §

The Interim Rules Review Committee may require an agency to revert to any step in the adoption procedure provided in § 1-26-4 if, in the judgment of the committee: (1) The substance of the proposed rule has been significantly rewritten from the originally proposed rule which was …

If an agency proposes a rule to increase a fee, the agency shall provide information to the Interim Rules Review Committee and code counsel, pursuant to § 1-26-4 , about the financial resources available to the agency. This information consists of the agency's beginning fund bala…

The Interim Rules Review Committee may: (1) Declare that the rule-making process is complete to the satisfaction of the committee; (2) Revert the rule to an earlier step in the rule adoption procedure pursuant to § 1-26-4.7 to consider an amendment to the proposed rule; or (3) Mo…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and for this purpose t…

This chapter may be cited as the South Dakota Administrative Procedures Act. Source: SL 1977, ch 13 , § 17.

Prior to the adoption or amendment of an emergency rule, an agency shall publish the text of the emergency rule on its website, publish a notice of intent to adopt an emergency rule in the manner prescribed in § 1-26-4 .1, and serve on the person specified by subdivision 1-26-4 (…

An emergency rule may temporarily suspend, but not repeal, a permanent rule. A permanent rule amended by an emergency rule reverts to its original form ninety days after it has been in effect, or at an earlier date if so specified in the emergency rule, unless further amended wit…

1-26-6 Completion of rule-making process--Effective date--Validity. 1-26-6.1 Restriction on incorporation of statutory material. 1-26-6.2 Uniform style for rules--Required contents. 1-26-6.3 Notice that rules do not conform--Redrafting and filing required. 1-26-6.4

The adoption, amendment, or repeal of a rule is complete when: (1) The requirements of § 1-26-4 have been completed or, if the rule is an emergency rule, three days have passed since the requirements of § 1-26-5 have been met; (2) It has been signed by a majority of the members o…

An agency may refer to statute but may not incorporate statutory provisions, other than definitions, in their rules nor publish or distribute statutory material in conjunction with their rules unless required by law or expressly authorized by the Code Commission pursuant to §

No state agency may adopt or promulgate any rule that restricts any right or privilege to carry or possess a concealed pistol pursuant to chapter 23-7 . Source: SL 2006, ch 5 , § 1; SL 2025, ch 9 , § 18.

Code counsel shall prescribe a uniform style in which rules must be prepared and the standard form and forms to be used in filing rules pursuant to this chapter. The form must contain a provision for a reference to be made by the agency for each rule proposed by it, citing its ge…

Code counsel may notify any agency whose rules are not in the proper style and form. A copy of this notice must be filed with the secretary of state. One hundred eighty days after an agency receives the notification, the rules of that agency are of no further force and effect unl…

1-26-6.5 Review by code counsel--Notice to agency of need for change. 1-26-6.6 Incorporation by reference to generally available materials--Description--Reference note--Statement. 1-26-6.7 Procedure for amendment, suspension or repeal of rules. 1-26-6.8 Rules unenforceable until …

Code counsel shall review each rule for compliance with the requirements for form, style, and clarity. Code counsel shall review each rule for legality. The review for legality is a determination that the rule is authorized by the standards provided in the statutes cited by the a…

An agency may adopt other comprehensive regulations as its own by making reference to them in a rule, but only when the comprehensive regulations are published by an organization that is not part of the state government and only when the publication is generally available to the …

Once a rule has been adopted, it may not be amended, repealed, or suspended, except by compliance with this chapter, even if it has not taken effect. Source: SL 1975, ch 16 , § 16; SL 2025, ch 9 , § 16.

No agency rule may be enforced by the courts of this state until it has been adopted in conformance with the procedures set forth in this chapter. Source: SL 1977, ch 13 , § 8.

Upon adoption of a rule or upon the rejection of a petition filed pursuant to § 1-26-13 , an agency, if requested to do so in writing by an interested person either prior to adoption or rejection or within thirty days thereafter, shall issue a written, concise statement of the pr…

Each rule is effective twenty days after filing with the secretary of state, except that: (1) If a later date is required by statute or specified in the rule, the later date is the effective date; (2) Subject to applicable constitutional or statutory provisions, an emergency rule…

If an act is passed by the Legislature which prohibits an agency from passing rules relating to a certain subject, any prior rule promulgated by that agency relating to that subject shall become void on the effective date of the act. If a statute which authorizes an agency to pas…

After a rule has been adopted and filed with the secretary of state, any person may petition the agency which adopted the rule to delay the effective date of the rule. The petition must be filed with the agency at least ten days prior to the effective date of the rule. The agency…

If any rule is proposed to have retroactive effect, the burden is on the agency to show that the retroactivity is authorized by law or is necessary to implement new provisions of law. Source: SL 1985, ch 13 . 1-26-9. Transferred to § 1-26A-1. 1-26-10. Repealed by SL 1972, ch 8 , …

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