Title 1, STATE AFFAIRS AND GOVERNMENT

A proposed agenda, as required by § 1-25-1.1 or 1-25-1.3 , must list all items to be considered by a public body during any official meeting. The proposed agenda items must be described in sufficient detail to reasonably inform the public of any official business or public policy…

The State Investment Council, in executive session, may discuss and consider any document or information exempt from public disclosure requirements under the provisions of subdivision 1-27-1.6 (5). Source: SL 2010, ch 7 , § 1.

No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law. Source: SL 2016, …

Terms used in this chapter mean: (1) "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference or electronic means, inclu…

Any agency, as defined in § 1-26-1 , or political subdivision of this state, that is required to provide public notice of its meetings pursuant to § 1-25-1.1 or 1-25-1.3 must annually review the following, during an official meeting of the agency or subdivision: (1) The explanati…

An executive session or closed meeting may be held only for the purposes of: (1) Discussing the character, competence, fitness, performance, or qualifications of any current or prospective public officer or employee, not including an independent contractor; (2) Discussing a stude…

The state shall keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in this section shall report how each individual member voted on any motion on which a roll call vote is taken. The minutes shall be available for inspection by the p…

If a complaint alleging a violation of this chapter is made pursuant to § 23A-2-1 , the state's attorney shall take one of the following actions: (1) Prosecute the case pursuant to Title 23A; (2) Determine that there is no merit to prosecuting the case. Upon doing so, the state's…

If a complaint alleges a violation of this chapter by a board of county commissioners, the state's attorney shall take one of the following actions: (1) Prosecute the case pursuant to Title 23A; (2) Determine that there is no merit to prosecuting the case. The attorney general sh…

Upon receiving a referral from a state's attorney or the attorney general, the South Dakota Open Meetings Commission shall examine the complaint and investigatory file submitted by the state's attorney or the attorney general and shall also consider signed written submissions by …

The South Dakota Open Meeting Commission is comprised of five state's attorneys or deputy state's attorneys appointed by the attorney general. Each commissioner serves at the pleasure of the attorney general. The members of the commission shall choose a chair of the commission an…

No member of the commission may participate as part of the commission or vote on any action regarding a violation of this chapter if that member reported or was involved in the initial investigation, is an attorney for anyone who reported or was involved in the initial investigat…

Any office, agency, board, or commission of this state or any of its counties, townships or municipalities is hereby authorized to purchase radio and television advertising time to broadcast any announcement found to be in the public interest. Source: SL 1973, ch 17 .

Nothing in § 1-25A-1 shall authorize the purchase of radio and television advertising time to broadcast any legal notice which is required to be given by law, nor shall it be construed to give radio and television legal publication status. Source: SL 1973, ch 17 .

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…

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…

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…

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 …

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…