Title 1 — STATE AFFAIRS AND GOVERNMENT

Terms as used in this chapter mean: (1) "Agency," all divisions, offices, bureaus, commissions, councils, and boards, or like government units or subunits of the departments; (2) "Committee," the Interim Rules Review Committee; (3) "Termination," abolishment of the rules of any a…

The committee shall submit its recommendations concerning those that it believes should be continued to the Legislature in one or more bills so that the Legislature may vote to either reestablish, amend or terminate the rules of the agency under review and evaluation. If it is de…

This chapter does not affect the right to institute or prosecute any cause of action by or against an agency if the cause of action accrued prior to the termination date of the rules of the agency. Any causes of action pending on the date that the rules of an agency are terminate…

The Interim Rules Review Committee may, with the approval of the Executive Board of the Legislative Research Council, designate any agency for a comprehensive review and evaluation of the agency's rules and rule - making authority pursuant to the provisions of this chapter and su…

Each agency designated by the committee shall deliver to the members of the interim committee a proposed revision of all its rules, with an overview of changes proposed, at a date specified by the committee. Further, such agency shall designate the specific areas in which rule - …

The committee may hold public hearings and receive testimony from the public and all interested parties during any sunset procedure. Source: SL 1978, ch 18 , § 5; SL 1989, ch 18 , § 5.

All agencies shall have the burden of establishing that sufficient public need is present which justifies the continued existence of their proposed revision of their rules. All agencies shall provide the committee with the following information: (1) The identity of all agencies u…

To determine the existence of a sufficient public need for continuance of an agency's rules, the committee shall take into consideration the following factors concerning the rules of the agency under review and evaluation: (1) The extent to which any information required to be fu…

The Department of Legislative Audit shall furnish, upon request of the committee, any relevant information including the reports of audits of any agency under review. Source: SL 1978, ch 18 , § 8; SL 1989, ch 18 , § 8.

The committee shall submit reports recommending either the continuation, revision, or termination of the rules of each agency reviewed to the Executive Board of the Legislative Research Council. Source: SL 1978, ch 18 , § 9; SL 1989, ch 18 , § 9.

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…

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…

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

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

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

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.

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…

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…

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…

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…

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…

Each contract shall be displayed electronically not less than sixty days after commencement of the contract term and for not less than the retention period prescribed by §

However, the provisions of this section do not apply to printed material, records, or exhibits involving contested case proceedings held in accordance with the provisions of chapter 1-26 . Source: SL 2010, ch 9 , § 1.

Unless any other statute, ordinance, or rule expressly provides that particular information or records may not be made public, public records include all records and documents, regardless of physical form, of or belonging to this state, any county, municipality, political subdivi…

In response to any request pursuant to § 1-27-36 or 1-27-37 , a public record officer may redact any portion of a document which contains information precluded from public disclosure by § 1-27-3 or which would unreasonably invade personal privacy, threaten public safety and secur…

Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rul…

The provisions of this chapter do not apply to records and documents of the Unified Judicial System. Source: SL 2009, ch 10 , § 17.

The secretary of corrections may prohibit the release of information to inmates or their agents regarding correctional operations, department policies and procedures, and inmate records of the requesting inmate or other inmates if the release would jeopardize the safety or securi…

This chapter does not require the redaction of any record, or any portion of a record, which is recorded in the office of the register of deeds. Source: SL 2009, ch 10 , § 21; SL 2010, ch 214 , § 1.

No civil or criminal liability may attach to a public official for the mistaken denial or provision of a record pursuant to this chapter if that action is taken in good faith. Source: SL 2009, ch 10 , § 22.

If a meeting is required to be open to the public pursuant to § 1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body or any of its employees and the printed material is distributed bef…

The unapproved, draft minutes of any public meeting held pursuant to § 1-25-1 that are required to be kept by law shall be available for inspection by any person within ten business days after the meeting. However, this section does not apply if an audio or video recording of the…

Any final recommendations, findings, or reports that result from a meeting of a committee, subcommittee, task force, or other working group which does not meet the definition of a political subdivision or public body pursuant to § 1-25-1 , but was appointed by the governing body,…

The records of any Governor and any lieutenant governor are the property of the state and shall be transferred to his or her successor or the state archivist upon leaving office. Once transferred, public access to such records is subject to the provisions of chapter 1-27 . Source…

If a custodian of a public record of a county, municipality, political subdivision, or tax-supported district provides to a member of the public, upon request, a copy of the public record, a reasonable fee may be charged for any specialized service. Such fee may include a reasona…

Unless released to the public pursuant to § 1-27-1.21 , any record of an officer designated in § 1-27-1.19 , which is exempted from the provisions of § 1-27-1 , must be opened to the public upon either the death of the former officer or five years from the date the officer left o…

Whenever an officer designated in § 1-27-1.19 leaves office and transfers his or her records to the state archivist, the former officer shall retain the right to approve or deny the release of any record exempted from the provisions of §

The state archivist may enter into agreements with any officer designated in § 1-27-1.19 for the transfer of the former officer's records to a museum, institution of higher learning, or other suitable repository within South Dakota upon determining that such repository will allow…

An agency of the state or a political subdivision may not enter into a settlement agreement with a party to any civil action or proceeding involving a claim for monetary damages or equitable relief in which the settlement agreement requires nondisclosure or confidentiality of the…

The provisions of §§ 1-27-1 to 1-27-1.15 , inclusive, and 1-27-4 shall be liberally construed whenever any state, county, or political subdivision fiscal records, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, c…

Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request. Source: SL 2009, ch 10 , § 5.

The following records are not subject to §§ 1-27-1 , 1-27-1.1 , 1-27-1.3 , and § 1-27-1.23 : (1) Personal information in records regarding any student, prospective student, or former student of any educational institution, if the records are maintained by and in the possession of…

The following financial, commercial, and proprietary information is specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15 , inclusive: (1) Valuable formulae, designs, drawings, computer source code or object code, and research data invented, discovered, authored,…

Drafts, notes, recommendations, and memoranda in which opinions are expressed or policies formulated or recommended are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15 , inclusive. Source: SL 2009, ch 10 , § 8.

Any record that is relevant to a controversy to which a public body is a party but which record would not be available to another party under the rules of pretrial discovery for causes pending in circuit court are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15 , inclus…

No elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official dut…

All records of public officials of this state required to be kept or maintained by law are the property of the state and may not be mutilated, destroyed, transferred, removed, or otherwise damaged or disposed of, in whole or in part, except as provided by law. Source: SL 1967, ch…

There is hereby created a board consisting of the commissioner of human resources and administration, state auditor, attorney general, auditor-general, and state archivist to supervise and authorize the destruction of records. The state records manager shall also serve as an ex o…

The board created by § 1-27-11 shall be administered under the direction and supervision of the Bureau of Human Resources and Administration and the commissioner thereof. The board shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special b…

The commissioner of human resources and administration shall establish within the organizational structure of the Bureau of Human Resources and Administration a records management program, which will apply efficient and economical management methods to the creation, utilization, …