Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-26-1 Definitions
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Terms used in this chapter mean: (1) "Agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term…
SDCL § 1-26-1.1 Interim Rules Review Committee--Creation--Composition--Appointments--Terms of office--Vacancies
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There is created a legislative committee of six members, no more than four of whom may be of the same political party, designated as the Interim Rules Review Committee. The committee is composed of three members of the Senate, to be appointed by the president pro tempore of the S…
SDCL § 1-26-1.2 Interim Rules Review Committee--Chair and vice chair--Meetings--Duties--Member compensation--Staff
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The Interim Rules Review Committee shall choose a chair and a vice chair from its members and prescribe its rules of procedure. Meetings of the committee are at the call of the chair or a majority of the committee. On or before the first Monday following the last day of the legis…
SDCL § 1-26-1.3 Delegation of duties by code counsel
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The code counsel, with the consent of the director of the Legislative Research Council, may delegate the duties imposed by this chapter to other persons in the council's office. Each person to whom the duties are delegated has the same power and authority as the code counsel for …
SDCL § 1-26-10 Repealed by SL 1972, ch 8 , § 36
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1-26-11 Repealed. 1-26-12 Rule copies and notices at no cost--Exception. 1-26-12.1 List of rules and organizational statements. 1-26-13 Petition for rules--Denial or initiation of proceedings--Copies to committee and code counsel. 1-26-13.1 Service complete when deposited in mail…
SDCL § 1-26-11 Repealed
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Source: SL 1972, ch 8 , § 15; SL 1989, ch 16 , § 11; SL 2025, ch 9 , § 25.
SDCL § 1-26-12 Rule copies and notices at no cost--Exception
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An agency may not charge the public for copies of notices or intentions to pass rules required by §
SDCL § 1-26-12.1 List of rules and organizational statements
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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…
SDCL § 1-26-13 Petition for rules--Denial or initiation of proceedings--Copies to committee and code counsel
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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…
SDCL § 1-26-13.1 Service complete when deposited in mail
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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.
SDCL § 1-26-14 Declaratory judgment on rules--Review of major rule
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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…
SDCL § 1-26-14.1 Major rule--Effect of directing rule promulgation
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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…
SDCL § 1-26-15 Declaratory rulings by agencies
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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…
SDCL § 1-26-16 Notice and hearing required in contested cases
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In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Source: SL 1966, ch 159 , § 9 (1). 1-26-16.1. Repealed by SL 1983, ch 7 .
SDCL § 1-26-16.1 Repealed by SL 1983, ch 7
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1-26-17 Contents of notice in contested cases. 1-26-17.1 Intervention in contested case by person with pecuniary interests. 1-26-18 Rights of parties at hearings on contested cases--Summary disposition of certain cases. 1-26-18.1 1-26-18.1 , 1-26-18.2. Repealed by SL 1995, ch 8 ,…
SDCL § 1-26-17.1 Intervention in contested case by person with pecuniary interests
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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…
SDCL § 1-26-18 Rights of parties at hearings on contested cases--Summary disposition of certain cases
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Opportunity shall be afforded all parties to respond and present evidence on issues of fact and argument on issues of law or policy. However, each agency, upon the motion of any party, may dispose of any defense or claim: (1) If the pleadings, depositions, answers to interrogator…
SDCL § 1-26-18.4 Contested case--Interpreter or translator services--Compensation
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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…
SDCL § 1-26-18.5 Contested case--Interpreter or translator services--Cost recovery
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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 §
SDCL § 1-26-19.3 Service of subpoena--Notice required prior--Procedure to modify, quash, or require costs advanced
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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…
SDCL § 1-26-2 Agency materials available for public inspection--Derogatory materials
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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…
SDCL § 1-26-2.1 Small business impact statements--Content--Small business defined
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An agency shall, when submitting any proposed rule that will have a direct impact on small business, prepare an impact statement that includes the following: (1) A narrative explanation in plain, easy-to-read language of the effect of the rule on small business, the basis for its…
SDCL § 1-26-2.2 Repealed by SL 2006, ch 7 , § 1
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1-26-2.3 Housing cost impact statement--Content. 1-26-3
SDCL § 1-26-2.3 Housing cost impact statement--Content
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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…
SDCL § 1-26-20 Agreed disposition of contested cases
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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).
SDCL § 1-26-21 Contents of record in contested cases
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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…
SDCL § 1-26-22 Transcript in contested cases--Minutes in lieu of transcript
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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…
SDCL § 1-26-23 Basis for findings in contested cases
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Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Source: SL 1966, ch 159 , § 9 (7).
SDCL § 1-26-24 Tentative or proposed decision served on parties--Contents--Waiver
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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 …
SDCL § 1-26-26 Ex parte communications by agency personnel in contested cases--Investigating officer disqualified from decision making--Authorized communications
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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…
SDCL § 1-26-27 License proceeding treated as contested case
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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…
SDCL § 1-26-28 Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination
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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…
SDCL § 1-26-29.1 Costs of disciplinary hearing
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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…
SDCL § 1-26-3 Repealed by SL 1972, ch 8 , § 36
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1-26-4 Permanent rule-making procedure--Notice, filings, service, and hearing--Extension--Waiver. 1-26-4.1 Notice of hearing on proposed rule--Publication--Mailing--Contents. 1-26-4.2 Fiscal note--Content--Bureau of Finance and Management fiscal note--Transmitting copies. 1-26-4.…
SDCL § 1-26-30 Right to judicial review of contested cases--Preliminary agency actions
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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…
SDCL § 1-26-30.1 Right of appeal when agency fails to act in contested case
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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…
SDCL § 1-26-30.3 Conduct of appeals
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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.
SDCL § 1-26-30.4 Scope of sections on appeals to circuit courts
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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.
SDCL § 1-26-30.5 Suspension of sections on appeals to circuit courts
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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…
SDCL § 1-26-31 Notice of appeal--Time for service and filing
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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 …
SDCL § 1-26-31.1 Venue of appeal--Appeals from single action
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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…
SDCL § 1-26-31.2 Contents of notice of appeal
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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…
SDCL § 1-26-31.3 Change of venue
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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…
SDCL § 1-26-31.4 Contested cases--Statement of issues on appeal
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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 …
SDCL § 1-26-32 When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61
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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…
SDCL § 1-26-32.1 Procedural rules applied
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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…
SDCL § 1-26-32.2 Request for transcript--Waiver by failure to request
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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…
SDCL § 1-26-32.3 Costs of transcript--Endorsement of order by reporter--Extension of time for transcript
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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…
SDCL § 1-26-32.4 Form of transcript--Number of copies--Certification
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The original transcript of the contested case hearing will be filed with the clerk of the circuit court and copies transmitted to the attorney for each party to the appeal separately represented and directly to any parties not represented. The agency will make duplicate copies of…
SDCL § 1-26-33.1 SDCL 1-26-33.1
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Transferred to §