Title 1, STATE AFFAIRS AND GOVERNMENT

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…

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…

Within thirty days after the service of the notice of appeal, or within further time allowed by the court, the agency shall transmit to the reviewing court the electronic copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceed…

Unless otherwise ordered by the circuit court, the appellant shall serve a brief within thirty days after the delivery of the transcript of the contested case hearing to counsel for the parties or to the parties if unrepresented by counsel or within thirty days after the agency r…

The brief of the appellant shall contain under appropriate headings in the order here indicated: (1) A jurisdictional statement setting forth the date and the form of the agency decision, ruling or action sought to be reviewed and the date when the notice of appeal was filed with…

The brief of the appellee shall conform to the same requirements as the brief of the appellant, except that the jurisdictional statement, statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statements made by the appellant. If a no…

Upon the filing of the record and other papers in the office of the clerk of the circuit court, it shall be the duty of such court when its attention is called to the matter by the parties, or one of them, immediately to fix a date for hearing, and said cause shall be speedily he…

If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding b…

The review shall be conducted by the court without a jury and shall be confined to the record. A trial de novo may not be granted unless otherwise authorized by law, but in cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may …

The court shall give great weight to the findings made and inferences drawn by an agency on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the app…

An appellee may obtain review of a final decision, ruling, or action of any agency which may adversely affect the appellee by filing a notice of review with the clerk of the circuit court within twenty days after service of the notice of appeal. If a statement of additional issue…

An aggrieved party or the agency may obtain a review of any final judgment of the circuit court under this chapter by appeal to the Supreme Court. The appeal shall be taken as in other civil cases. The Supreme Court shall give the same deference to the findings of fact, conclusio…

The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall: (1) Give the agency which promulgated the rule a…

If an agency amends an existing rule, the amendment becomes provisionally effective and subject to § 1-26-38 . The effect of suspending a provisionally effective amendment is to return the rule to its form prior to the amendment. Source: SL 1980, ch 18 .

The following notice, service, and public hearing procedure must be used to adopt, amend, or repeal a permanent rule: (1) An agency shall serve a copy of a proposed rule, the regulatory impact analysis required by § 1-26-4.11 , and any publication described in § 1-26-6.6 , upon t…

An agency shall publish a notice of a public hearing on the agency's intent to adopt, amend, or repeal a rule, in at least three newspapers of general circulation in different parts of the state. The provisions of chapter 17-2 do not apply to notices required by this section. An …

If the Interim Rules Review Committee reverts a rule to consider amendments to the proposed rule, the agency may make the amendment and resubmit the rule as amended at the next meeting of the Interim Rules Review Committee. An agency is not required to hold a hearing on an amendm…

For all proposed permanent rules, the agency seeking to promulgate the rule shall, prior to proceeding under § 1-26-4 , prepare a regulatory impact analysis. The regulatory impact analysis must contain: (1) A statement of whether the proposed permanent rule is a major rule; (2) A…

For a major rule, the Interim Rules Review Committee may: (1) Revert the rule to an earlier step in the rule adoption procedure to permit consideration of an amendment to the proposed rule that would no longer make it a major rule; (2) Determine there is sufficient legislative au…

An agency shall, when submitting any proposed rule, except an emergency rule, include a fiscal note. The fiscal note must provide what effect, if any, the proposed rule will have on the revenues, expenditures, or fiscal liability of the state or its agencies. The fiscal note must…

No permanent rule may be filed with the secretary of state without the review of the rule by the Interim Rules Review Committee. No permanent rule may be filed with the secretary of state if more than sixty days have passed from the date the Interim Rules Review Committee adopts …

If an act of the Legislature, which becomes effective on the date set by § 2-14-16 , contains an authorization for an agency to promulgate rules, the agency may perform the acts specified in § 1-26-4 or 1-26-5 any time after the Governor has signed the act containing the authoriz…

All notices of hearings on the adoption of rules made prior to July 1, 1984, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred…

All notices of intent to adopt emergency rules made prior to March 14, 1985, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred…

The Interim Rules Review Committee may require an agency to revert to any step in the adoption procedure provided in § 1-26-4 if, in the judgment of the committee: (1) The substance of the proposed rule has been significantly rewritten from the originally proposed rule which was …

If an agency proposes a rule to increase a fee, the agency shall provide information to the Interim Rules Review Committee and code counsel, pursuant to § 1-26-4 , about the financial resources available to the agency. This information consists of the agency's beginning fund bala…

The Interim Rules Review Committee may: (1) Declare that the rule-making process is complete to the satisfaction of the committee; (2) Revert the rule to an earlier step in the rule adoption procedure pursuant to § 1-26-4.7 to consider an amendment to the proposed rule; or (3) Mo…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and for this purpose t…

This chapter may be cited as the South Dakota Administrative Procedures Act. Source: SL 1977, ch 13 , § 17.

Prior to the adoption or amendment of an emergency rule, an agency shall publish the text of the emergency rule on its website, publish a notice of intent to adopt an emergency rule in the manner prescribed in § 1-26-4 .1, and serve on the person specified by subdivision 1-26-4 (…

An emergency rule may temporarily suspend, but not repeal, a permanent rule. A permanent rule amended by an emergency rule reverts to its original form ninety days after it has been in effect, or at an earlier date if so specified in the emergency rule, unless further amended wit…

The adoption, amendment, or repeal of a rule is complete when: (1) The requirements of § 1-26-4 have been completed or, if the rule is an emergency rule, three days have passed since the requirements of § 1-26-5 have been met; (2) It has been signed by a majority of the members o…

An agency may refer to statute but may not incorporate statutory provisions, other than definitions, in their rules nor publish or distribute statutory material in conjunction with their rules unless required by law or expressly authorized by the Code Commission pursuant to § 2-1…