Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-26D-1 Creation of Office of Hearing Examiners
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The State Office of Hearing Examiners is hereby created and is attached to the Bureau of Human Resources and Administration for reporting and budgetary purposes. The office shall conduct hearings with the greatest degree of informality consistent with fairness and the nature of t…
SDCL § 1-26D-11 Contract with agencies for hearings on case - by - case basis--Power of hearing examiner--Billing for services rendered
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Any agency not covered by this chapter may contract with the Office of Hearing Examiners or any other person to conduct hearings on a case - by - case basis and the power to contract with the office is specifically granted. At the option of the contracting agency, the hearing exa…
SDCL § 1-26D-12 Validity of prior rules, actions, decisions or proceedings unaffected
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The creation of the Office of Hearing Examiners does not affect the validity of any rule, action, decision, or proceedings held or promulgated by any agency before July 1, 1995. Source: SL 1995, ch 8 , § 16
SDCL § 1-26D-2 Appointment of chief hearing examiner
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The Governor shall appoint a chief hearing examiner. The person appointed shall, as a condition of appointment, be admitted to practice law in the State of South Dakota. Source: SL 1995, ch 8 , § 3
SDCL § 1-26D-3 Appointment of hearing examiners
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The chief hearing examiner may appoint such other hearing examiners and other staff as are necessary to carry out the provisions of this chapter and may contract with qualified persons to serve as hearing examiners for specific cases. Source: SL 1995, ch 8 , § 4
SDCL § 1-26D-4 Powers of hearing examiners
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Hearing examiners have all powers delineated in §§ 1-26-19.1 and 1-26-19.2 and shall hear all contested cases that arise under Titles 10 and 58 and chapter 1-27 . Source: SL 1995, ch 8 , § 5; SL 2008, ch 14 , § 1.
SDCL § 1-26D-5 Adoption of rules for operation and procedure--Specific rules for Digital Dakota Network
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The chief hearing examiner shall adopt rules pursuant to chapter 1-26 for the operation of the Office of Hearing Examiners and for the procedures to be used with regard to hearing contested cases and may specifically adopt rules pertaining to the use of the Digital Dakota Network…
SDCL § 1-26D-6 Proposed findings, conclusions, and decision--Agency action--Appeal
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The hearing examiner, after hearing the evidence in the matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The agency may accept, reject, or modify those findings, conclusions, and decisions, and an appeal may be taken therefrom pursuant…
SDCL § 1-26D-7 Rules on finality of decision--Notice
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An agency may provide by rule that proposed decisions in all or in specified classes of cases before that agency, or by order in individual cases, will become final without further agency action unless, within a specified time, the agency determines that the proposed decision sho…
SDCL § 1-26D-8 Review of proposed findings or decision--Written reasons for rejecting or modifying findings or decision
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The reviewing agency shall personally consider the whole record or such portions of it as may be cited by the parties. If the reviewing agency rejects or modifies proposed findings or a proposed decision, it shall give reasons for doing so in writing. In reviewing proposed findin…
SDCL § 1-26D-9 Final decision--Remand
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The reviewing agency shall enter a final decision disposing of the proceeding or shall remand the matter for further proceedings with instructions to the hearing examiner who entered the initial decision. Upon remanding a matter, the reviewing agency may order such temporary reli…