Title 1, STATE AFFAIRS AND GOVERNMENT

An agency may adopt other comprehensive regulations as its own by making reference to them in a rule, but only when the comprehensive regulations are published by an organization that is not part of the state government and only when the publication is generally available to the …

Once a rule has been adopted, it may not be amended, repealed, or suspended, except by compliance with this chapter, even if it has not taken effect. Source: SL 1975, ch 16 , § 16; SL 2025, ch 9 , § 16.

No agency rule may be enforced by the courts of this state until it has been adopted in conformance with the procedures set forth in this chapter. Source: SL 1977, ch 13 , § 8.

If a professional or occupational licensing board or commission is authorized in statute to establish fees by rule and no maximum fee limit is specified, the fees must be reasonable and necessary to provide enough money to meet the budgetary needs of the licensing board or commis…

Each agency shall keep the original records, documents, and instruments required by this chapter and shall make copies of all records, documents, and exhibits available to members of the Legislature upon request. The secretary of state shall keep a copy of the agency's current ru…

Upon adoption of a rule or upon the rejection of a petition filed pursuant to § 1-26-13 , an agency, if requested to do so in writing by an interested person either prior to adoption or rejection or within thirty days thereafter, shall issue a written, concise statement of the pr…

Each rule is effective twenty days after filing with the secretary of state, except that: (1) If a later date is required by statute or specified in the rule, the later date is the effective date; (2) Subject to applicable constitutional or statutory provisions, an emergency rule…

If an act is passed by the Legislature which prohibits an agency from passing rules relating to a certain subject, any prior rule promulgated by that agency relating to that subject shall become void on the effective date of the act. If a statute which authorizes an agency to pas…

After a rule has been adopted and filed with the secretary of state, any person may petition the agency which adopted the rule to delay the effective date of the rule. The petition must be filed with the agency at least ten days prior to the effective date of the rule. The agency…

If any rule is proposed to have retroactive effect, the burden is on the agency to show that the retroactivity is authorized by law or is necessary to implement new provisions of law. Source: SL 1985, ch 13 .

The Legislative Research Council shall publish on its website, from time to time, the Administrative Rules of South Dakota, containing permanent rules of general application promulgated pursuant to chapter 1-26 . In preparing the text of the rules for publication, code counsel sh…

The definitions in § 2-14-2 also apply to the Administrative Rules of South Dakota, unless the context of the defined word plainly requires a different meaning. Source: SL 1983, ch 13 , § 4.

The compilation of rules known as the Administrative Rules of South Dakota, prepared by the Legislative Research Council under the authority of § 1-26A-1 and filed with the secretary of state, exclusive of its analyses and notes, are the official rules of all state executive agen…

Within one year of the effective date of a rule, an action or proceeding may be brought to contest the legality of any rule for the failure of the agency to comply with the procedural requirements of chapter 1-26 . However, this section does not restrict a person's right to initi…

The secretary of state shall keep a copy of the administrative rules published pursuant to §§ 1-26A-1 and 1-26A-2 , from which to make certified copies. Source: SL 1975, ch 16 , § 5; SL 1981, ch 9 , § 3; SL 2012, ch 8 , § 4.

The Administrative Rules of South Dakota as amended, printed, and published pursuant to law, shall be known as the Administrative Rules of South Dakota, and shall be cited as ARSD followed by the appropriate number of the title, article, chapter, or section, and then the year of …

Any reference to the Administrative Rules of South Dakota in the South Dakota Codified Laws or in the Administrative Rules of South Dakota shall be construed to be a reference to the administrative rules published pursuant to § 1-26A-2 . Source: SL 1981, ch 9 , § 4; SL 2012, ch 8…

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…

Within ten days after written notification to the parties of the appointment of a hearing examiner in any contested case, any party to that contested case may file an affidavit requesting the appointment of another hearing examiner. The chief hearing examiner shall then appoint a…

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 promulgate 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. Source: SL 1995, ch 8 , § 6; SL 2005, ch 16 , § 2; SL 2026, ch 13 , § 1.

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…

Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in § 1-27-1.1 , are hereby fully empowered and authorized to examine such public record, and make memoranda and abs…

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.