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South Dakota Laws > Title 1 > Chapter 26 - Administrative Procedure and Rules

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§ 1-26-1	Definition of terms
§ 1-26-1.1	Interim Rules Review Committee created--Composition--Appointments--Terms of office--Vacancies
§ 1-26-1.2	Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary
§ 1-26-1.3	Delegation of duties by director
§ 1-26-2	Agency materials available for public inspection--Derogatory materials
§ 1-26-2.1	Small business impact statements--Content
§ 1-26-4	Notice, service, and hearing required for adoption of rules--Service on interim committee--Waiver of service
§ 1-26-4.1	Notice of hearing on proposed rule--Contents--Publication--Mailing
§ 1-26-4.2	Fiscal note submitted with proposed rule--Fiscal note of bureau--Transmitting copies
§ 1-26-4.3	Time limits for adoption of rules--Presentation to review committee
§ 1-26-4.4	Time for promulgation of rules after passage of legislative authority
§ 1-26-4.5	Validation of prior notices of hearings--Limitation on enforcement of vested rights affected
§ 1-26-4.6	Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under § 1-26-4.1
§ 1-26-4.7	Reversion to step in adoption procedure--Additional hearings--Financial impact upon political subdivisions
§ 1-26-4.8	Fee increase in proposed rule--Agency financial resource information--Submission to review committee
§ 1-26-5	Notice of proposed emergency rule--Service--Use of emergency rule adoption procedure
§ 1-26-5.1	Temporary suspension by emergency rule--Reversion of amended rule to original form
§ 1-26-6	Completion of adoption of rule or change in rules
§ 1-26-6.1	Restriction on incorporation of statutory material
§ 1-26-6.2	Uniform style for rules--Required contents
§ 1-26-6.3	Notice that rules do not conform--Redrafting and filing required
§ 1-26-6.5	Review by director--Notice to agency of need for change
§ 1-26-6.6	Incorporation by reference to generally available materials--Description--Reference note--Identification of agency and rule
§ 1-26-6.7	Procedure for amendment, suspension or repeal of rules
§ 1-26-6.8	Rules unenforceable until properly adopted
§ 1-26-6.9	Licensing board or commission fees--Criteria and limitation
§ 1-26-6.10	Restriction of licensee's right or privilege to carry or possess pistol prohibited
§ 1-26-7	Records retained--Copies--Public inspection of current rules
§ 1-26-7.1	Agency's statement of reasons for adoption or rejection of rule
§ 1-26-8	Effective date of rules--Emergency rules
§ 1-26-8.1	Retroactive effect of acts prohibiting certain rules--Repealed or unconstitutional statutes--Effect of transfer of rule-making authority to another agency
§ 1-26-8.2	Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings- -One delay--Repeal of rule
§ 1-26-8.3	Retroactive effect of rule--Burden of proving authority or necessity
§ 1-26-11	Pamphlet publication of rules--Supervision
§ 1-26-12	Distribution and sale of publications and copies of rules
§ 1-26-12.1	List of rules and organizational statements
§ 1-26-13	Petition for rules--Denial or initiation of proceedings--Copies to Interim Rules Committee and director
§ 1-26-13.1	Service complete when deposited in mail
§ 1-26-14	Declaratory judgment on rules
§ 1-26-15	Declaratory rulings by agencies
§ 1-26-16	Notice and hearing required in contested cases
§ 1-26-17	Contents of notice in contested cases
§ 1-26-17.1	Intervention in contested case by person with pecuniary interests
§ 1-26-18	Rights of parties at hearings on contested cases--Summary disposition of certain cases
§ 1-26-18.3	Request to use Office of Hearing Examiners in certain contested cases
§ 1-26-19	Rules of evidence in contested cases
§ 1-26-19.1	Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena
§ 1-26-19.2	Depositions of witnesses
§ 1-26-20	Agreed disposition of contested cases
§ 1-26-21	Contents of record in contested cases
§ 1-26-22	Transcript in contested cases--Minutes in lieu of transcript
§ 1-26-23	Basis for findings in contested cases
§ 1-26-24	Tentative or proposed decision served on parties--Contents--Waiver
§ 1-26-25	Form, contents and notice of decisions, orders and findings
§ 1-26-26	Ex parte consultations by agency personnel--Investigating officer disqualified from decision on hearing--Authorized communications
§ 1-26-27	License proceeding treated as contested case
§ 1-26-28	Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination
§ 1-26-29	Notice and hearing required for revocation or suspension of license--Emergency suspension
§ 1-26-29.1	Costs of disciplinary hearing
§ 1-26-30	Right to judicial review of contested cases--Preliminary agency actions
§ 1-26-30.1	Right of appeal when agency fails to act in contested case
§ 1-26-30.2	Appeal from final action in contested case
§ 1-26-30.3	Conduct of appeals
§ 1-26-30.4	Scope of sections on appeals to circuit courts
§ 1-26-30.5	Suspension of sections on appeals to circuit courts
§ 1-26-31	Notice of appeal--Time for service and filing
§ 1-26-31.1	Venue of appeal
§ 1-26-31.2	Contents of notice of appeal
§ 1-26-31.3	Change of venue
§ 1-26-31.4	Contested cases--Statement of issues on appeal
§ 1-26-32	When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61
§ 1-26-32.1	Procedural rules applied
§ 1-26-32.2	Request for transcript--Waiver by failure to request
§ 1-26-32.3	Costs of transcript--Endorsement of order by reporter--Extension of time for transcript
§ 1-26-32.4	Form of transcript--Number of copies--Certification
§ 1-26-33	Record transmitted to circuit court--Limitation of record--Corrections and additions
§ 1-26-33.2	Time for serving briefs
§ 1-26-33.3	Brief of appellant--Contents
§ 1-26-33.4	Brief of appellee--Contents
§ 1-26-33.6	Speedy hearing and determination
§ 1-26-34	Circuit court may order agency to take additional evidence
§ 1-26-35	Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary
§ 1-26-36	Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs
§ 1-26-36.1	Appellee's right to obtain review
§ 1-26-37	Appeal to Supreme Court
§ 1-26-38	Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension
§ 1-26-38.1	Amendment as provisional--Subject to suspension--Effect
§ 1-26-40	Severability of provisions
§ 1-26-41	Citation of chapter

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South Dakota Laws: Administrative Law and Procedure

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