1-26-5. Notice of proposed emergency rule--Service--Use of emergency rule adoption procedure.
Prior to the adoption or amendment of an emergency rule, an agency shall publish a notice of intent to adopt an emergency rule in the manner prescribed in §1-26-4.1 and shall serve on the person specified by subdivision 1-26-4(1), each member of the Interim Rules Review Committee, and the director:
(1)A copy of the proposed rule, which shall bear a special number to distinguish it from a permanent rule;
(2)Any publication described in §1-26-6.6 which shall be returned to the agency upon completion of the director's review and retained by the agency; and
(3)A statement, with the reasons, that the emergency procedure is necessary: because of imminent peril to the public health, safety, or welfare; to prevent substantial unforeseen financial loss to state government; or because of the occurrence of an unforeseen event at a time when the adoption of a rule in response to such event by the emergency procedure is required to secure or protect the best interests of the state or its residents.
Any agency may use the emergency rule adoption procedure. However, no agency may use the emergency rule adoption procedure for the convenience of the agency merely to avoid the consequences for failing to timely promulgate rules.
Source: SL 1966, ch 159, §3; repealed SL 1972, ch 8, §36; re-enacted SL 1975, ch 16, §11; SL 1978, ch 13, §3; SL 1986, ch 20, §5; SL 1989, ch 16, §6; SL 1990, ch 22; SL 1997, ch 11, §1; SL 1998, ch 9, §3; SL 2003, ch 17, §2; SL 2006, ch 4, §3; SL 2009, ch 9, §4.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 26 - Administrative Procedure And Rules
Section 1-26-1 - Definition of terms.
Section 1-26-1.3 - Delegation of duties by director.
Section 1-26-2 - Agency materials available for public inspection--Derogatory materials.
Section 1-26-2.1 - Small business impact statements--Content.
Section 1-26-2.3 - Housing cost impact statement--Content.
Section 1-26-4.1 - Notice of hearing on proposed rule--Contents--Publication--Mailing.
Section 1-26-4.3 - Rule review by Interim Rules Review Committee before filing--Time limits.
Section 1-26-4.4 - Time for promulgation of rules after passage of legislative authority.
Section 1-26-4.7 - Reversion to step in adoption procedure.
Section 1-26-4.9 - Authority of Interim Rules Review Committee.
Section 1-26-4.10 - Resubmission of amended rule to review committee--Hearing not required.
Section 1-26-6 - Completion of adoption of rule or change in rules.
Section 1-26-6.1 - Restriction on incorporation of statutory material.
Section 1-26-6.2 - Uniform style for rules--Required contents.
Section 1-26-6.3 - Notice that rules do not conform--Redrafting and filing required.
Section 1-26-6.5 - Review by director--Notice to agency of need for change.
Section 1-26-6.7 - Procedure for amendment, suspension or repeal of rules.
Section 1-26-6.8 - Rules unenforceable until properly adopted.
Section 1-26-6.9 - Licensing board or commission fees--Criteria and limitation.
Section 1-26-7 - Records retained--Copies--Public inspection of current rules.
Section 1-26-7.1 - Agency's statement of reasons for adoption or rejection of rule.
Section 1-26-8 - Effective date of rules--Emergency rules.
Section 1-26-8.3 - Retroactive effect of rule--Burden of proving authority or necessity.
Section 1-26-11 - Pamphlet publication of rules--Supervision.
Section 1-26-12 - Distribution and sale of publications and copies of rules.
Section 1-26-12.1 - List of rules and organizational statements.
Section 1-26-13.1 - Service complete when deposited in mail.
Section 1-26-14 - Declaratory judgment on rules.
Section 1-26-15 - Declaratory rulings by agencies.
Section 1-26-16 - Notice and hearing required in contested cases.
Section 1-26-17 - Contents of notice in contested cases.
Section 1-26-17.1 - Intervention in contested case by person with pecuniary interests.
Section 1-26-18.3 - Request to use Office of Hearing Examiners in certain contested cases.
Section 1-26-19 - Rules of evidence in contested cases.
Section 1-26-19.2 - Depositions of witnesses.
Section 1-26-20 - Agreed disposition of contested cases.
Section 1-26-21 - Contents of record in contested cases.
Section 1-26-22 - Transcript in contested cases--Minutes in lieu of transcript.
Section 1-26-23 - Basis for findings in contested cases.
Section 1-26-24 - Tentative or proposed decision served on parties--Contents--Waiver.
Section 1-26-25 - Form, contents and notice of decisions, orders and findings.
Section 1-26-27 - License proceeding treated as contested case.
Section 1-26-29.1 - Costs of disciplinary hearing.
Section 1-26-30 - Right to judicial review of contested cases--Preliminary agency actions.
Section 1-26-30.1 - Right of appeal when agency fails to act in contested case.
Section 1-26-30.2 - Appeal from final action in contested case.
Section 1-26-30.3 - Conduct of appeals.
Section 1-26-30.4 - Scope of sections on appeals to circuit courts.
Section 1-26-30.5 - Suspension of sections on appeals to circuit courts.
Section 1-26-31 - Notice of appeal--Time for service and filing.
Section 1-26-31.1 - Venue of appeal.
Section 1-26-31.2 - Contents of notice of appeal.
Section 1-26-31.3 - Change of venue.
Section 1-26-31.4 - Contested cases--Statement of issues on appeal.
Section 1-26-32.1 - Procedural rules applied.
Section 1-26-32.2 - Request for transcript--Waiver by failure to request.
Section 1-26-32.4 - Form of transcript--Number of copies--Certification.
Section 1-26-33.2 - Time for serving briefs.
Section 1-26-33.3 - Brief of appellant--Contents.
Section 1-26-33.4 - Brief of appellee--Contents.
Section 1-26-33.6 - Speedy hearing and determination.
Section 1-26-34 - Circuit court may order agency to take additional evidence.
Section 1-26-36.1 - Appellee's right to obtain review.
Section 1-26-37 - Appeal to Supreme Court.
Section 1-26-38.1 - Amendment as provisional--Subject to suspension--Effect.