§ 1-26-1 Definition of terms
§ 1-26-1.1 Interim Rules Review Committee created–Composition–Appointments–Terms ofoffice–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, amendment, or repeal ofrules–Service on interim rules 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 Rule review by Interim Rules Review Committee before filing_Time limits
§ 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 rightsaffected
§ 1-26-4.6 Notices of intent to adopt emergency rules validated–Time for enforcing rights byreason 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
§ 1-26-4.8 Fee increase in proposed rule–Agency financial resource information–Submissionto review committee
§ 1-26-4.9 Authority of Interim Rules Review Committee
§ 1-26-4.10 Resubmission of amended rule to review committee–Hearing not required
§ 1-26-5 Notice of proposed emergency rule–Service–Use of emergency rule adoptionprocedure
§ 1-26-5.1 Temporary suspension by emergency rule–Reversion of amended rule to originalform
§ 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–Referencenote–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 unconstitutionalstatutes–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 RulesCommittee 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 certaincases
§ 1-26-19 Rules of evidence in contested cases
§ 1-26-19.1 Administration of oaths–Subpoena powers–Witness fees–Disobedience ofsubpoena
§ 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 communications by agency personnel in contested cases–Investigatingofficer disqualified from decision making–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 renewalor licensing proceedings and for ten days following notice of determination
§ 1-26-29 Notice and hearing required for revocation or suspension of license–Emergencysuspension
§ 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 staypending 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 fortranscript
§ 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 ormodification–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–Filingand 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

Terms Used In South Dakota Codified Laws > Title 1 > Chapter 26

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: includes money, services, goods, or other types of temporary assistance made with respect to any child or with respect to the parents of any child for whom federal funds are available to the state under this chapter. See South Dakota Codified Laws 28-7A-2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Co-occurring substance use disorder: refers to persons who have at least one mental disorder as well as an alcohol or drug use disorder. See South Dakota Codified Laws 27A-1-1
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • guardian: includes a "limited guardian" and any reference to a "conservator" includes a "limited conservator. See South Dakota Codified Laws 29A-5-102
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority leader: see Floor Leaders
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • person: refers to either an "interested person" a "person alleged to need protection" or a "protected person" as the context requires, and does not refer to a "person" as defined in § 2-14-2(18). See South Dakota Codified Laws 29A-5-102
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See South Dakota Codified Laws 2-14-2
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment: when used in a juvenile justice context, targeted interventions that utilize evidence-based practices to focus on juvenile risk factors, to improve mental health, and to reduce the likelihood of delinquent behavior. See South Dakota Codified Laws 26-8D-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2