Title 1, STATE AFFAIRS AND GOVERNMENT

An agency may not charge the public for copies of notices or intentions to pass rules required by § 1-26-4.1 . The provisions of § 1-8-10 , except as to certification, do not apply to copies of publications distributed by the secretary of state under this chapter. Source: SDC 193…

To assist interested persons dealing with it, each agency which has adopted rules shall make available, either electronically or through paper copy, a list of the agency's rules and a descriptive statement of its central and field organization. This information includes the locat…

An interested person, other than an inmate as defined in § 1-15-20.1 , may petition an agency requesting the promulgation, amendment, or repeal of a rule. The petition must contain the text or substance of any new rule or amendment sought, the identification of any rule sought to…

Notwithstanding § 15-6-6(e), any service required by §§ 1-26-1 to 1-26-13 , inclusive, shall, when performed by mail, be complete when the material to be served is deposited with the United States postal service. Source: SL 1977, ch 13 , § 2.

The validity or applicability of a rule may be determined in an action for declaratory judgment in the circuit court for the county of the plaintiff's residence, if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere w…

Legislation directing the promulgation of a major rule may not: (1) Be interpreted as a grant or modification of statutory authority by the Legislature for the promulgation of a rule; or (2) Extinguish or affect any claim, whether substantive or procedural, against any alleged de…

Each agency shall provide by rule for the filing and prompt disposition of a petition for declaratory ruling as to the applicability of any statutory provision or of any rule or order of the agency. No inmate as defined in § 1-15-20.1 may petition an agency for a declaratory ruli…

In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Source: SL 1966, ch 159 , § 9 (1).

The notice shall include: (1) A statement of the time, place, and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the particular sections of the statutes and rules involved; (4) A short and p…

A person who is not an original party to a contested case and whose pecuniary interests would be directly and immediately affected by an agency's order made upon the hearing may become a party to the hearing by intervention, if timely application therefor is made. Source: SL 1978…

Opportunity must be afforded to all parties to respond and present evidence on issues of fact and argument on issues of law or policy. Each agency, upon the motion of any party, may dispose of any defense or claim: (1) If the pleadings, depositions, answers to interrogatories, an…

In any contested case, if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request no later than ten …

When a witness or party needs a language interpreter or translator in a contested case proceeding, the agency required by law to determine the matter, as referenced in subdivision 1-26-1 (2), shall procure and appoint a disinterested interpreter or translator. The agency shall co…

The prevailing party in a contested case proceeding may recover expenditures, for interpreter or translator services necessarily incurred in gathering and procuring evidence or bringing the contested case, which are not otherwise covered pursuant to § 1-26-18.4 . Source: SL 2026,…

In contested cases: (1) Irrelevant, incompetent, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied under statutory provisions and in the trial of civil cases in the circuit courts of this state, or as may be provided in statutes relati…

Each agency and any attorney of record or officer of the agency charged with the duty to administer the laws of the state and the rules of the agency may: (1) Administer oaths as provided by chapter 18-3 ; and (2) Subpoena witnesses or interested parties to appear and give testim…

Each agency and the officers thereof charged with the duty to administer the laws and rules of the agency shall have power to cause the deposition of witnesses residing within or without the state or absent therefrom to be taken or other discovery procedure to be conducted upon n…

Before a subpoena commanding the production of documentary evidence pursuant to § 1-26-19.1 is served on the person to whom it is directed, a notice and copy of the subpoena must be served on each party to the matter pending. The hearing examiner or administrative law judge, upon…

Each agency shall make available for public inspection all rules, final orders, decisions, opinions, intra - agency memoranda, together with all other materials, written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its fun…

Before an agency may promulgate any rule prescribing new standards or requirements for building or remodeling a residential structure that is based on a model code developed by a national or international organization of trade professionals, including standards for electrical, pl…

Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. Source: SL 1966, ch 159 , § 9 (4).

The record in a contested case shall include: (1) All pleadings, motions, intermediate rulings; (2) Evidence received and considered; (3) A statement of matters officially noticed which have been refuted; (4) Questions and offers of proof, objections, and rulings thereon; (5) Pro…

Whenever a party requests in writing that oral proceedings be transcribed, a verbatim record of all proceedings and testimony shall be kept by the agency. Unless otherwise provided by law the agency shall not be required to transcribe the record unless the requesting party tender…

Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Source: SL 1966, ch 159 , § 9 (7).

When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a tentative or proposed …

A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. It may affirm, modify, or nullify action previously taken or may direct the taking of new action within the scope of the notice of hearing. It shall include findings of f…

Unless required for the disposition of ex parte matters authorized by law, members of the governing board or officers or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or in…

When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, or an applicant, a party or an agency requests a hearing, the provisions of this chapter concerning contested cases apply. Source: SL 1966, ch 159 , § 14 (1); SL 1973…

If a licensee has made timely and sufficient application for renewal of a license or a new license with reference to any activity of a continuing nature, the existing license, or a right to continue the activity, does not expire until the application has been finally determined b…

No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to …

After conducting a contested case proceeding that results in discipline or censure of a licensee, suspension or revocation of a licensee's license, or denial of a license to an applicant, a professional or occupational board or commission established pursuant to Title 36 may asse…

A person who has exhausted all administrative remedies available within any agency or a party who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter. If a rehearing is authorized by law or administrative rule, failure to request…

The failure of any agency to make and file a decision within a period of thirty days after any matter has been finally submitted to it, entitles a person authorized to appeal from the record then existing as if the decision had been made adversely to him in whole or in part, unle…

An appeal shall be allowed in the circuit court to any party in a contested case from a final decision, ruling, or action of an agency. Source: SL 1975, ch 17 , § 1.

Notwithstanding any other provision of law, all appeals authorized by § 1-26-30.1 or 1-26-30.2 shall be taken and conducted pursuant to the provisions of this chapter. Source: SL 1975, ch 17 , § 2.

The sections of this chapter on appeals to circuit courts shall govern civil appeals to the circuit courts of South Dakota from final decisions, rulings, or actions of agencies pursuant to chapter 1-26 . Source: Supreme Court Rule 82-35.

In the interest of expediting decisions in cases of pressing concern to the public or to litigants, or for good cause shown, the circuit court may suspend the requirement or provisions of these rules on application of a party or on its own motion and may order proceedings in acco…

An appeal shall be taken by serving a copy of a notice of appeal upon the adverse party, upon the agency, and upon the hearing examiner, if any, who rendered the decision, and by filing the original with proof of such service in the office of the clerk of courts of the county in …

The venue of the appeal is as follows: (1) If the appellant is a resident of this state, to the circuit court for the county of the appellant's residence or to the circuit court for Hughes County, as the appellant may elect; (2) If the appellant is a nonresident or a foreign corp…

The notice of appeal shall contain the names of the parties and the county to which the appeal is taken; it shall designate in plain and concise language the order or decision from which the appeal is taken; and it shall be dated and signed by the appellant or his attorney. Sourc…

The circuit court to which the appeal is first taken may, upon good cause shown and upon such terms or provisions for expense as it may deem reasonable in favor of any party objecting, and on application and notice within thirty days after the appeal is taken, change the venue to…

Within ten days after the filing of the notice of appeal as required by § 1-26-31 , the appellant shall file with the clerk of the circuit court a statement of the issues the appellant intends to present on appeal and shall serve on the other parties a copy of that statement. If …

Any agency decision in a contested case is effective ten days after the date of receipt or failure to accept delivery of the decision by the parties. An application to the circuit court for a stay of the agency's decision may be made only within ten days of the date of receipt or…

The sections of Title 15 relating to practice and procedure in the circuit courts shall apply to procedure for taking and conducting appeals under this chapter so far as the same may be consistent and applicable, and unless a different provision is specifically made by this chapt…

Within ten days after the filing of the notice of appeal, the appellant shall order from the agency or reporter, if present, a written transcript of the proceedings or such parts thereof as he deems necessary of the contested case hearing. The order shall be in writing and a copy…

At the time of ordering a transcript of the contested case hearing a party, other than an agency, must make satisfactory arrangements with the agency or reporter, if present, for the payment of the costs of the transcript and all necessary copies. The agency or reporter shall ack…