1-26-6. Completion of adoption of rule or change in rules.
The adoption, amendment, or repeal of a rule is complete when:
(1)All the requirements of §1-26-4 have been completed or, if the rule is an emergency rule, three days have passed since all the requirements of §1-26-5 have been complied with;
(2)It has been signed by a majority of the members of the multi-member body or by the officer having the authority to adopt it;
(3)It has been signed by the director;
(4)A copy has been filed with the director, in a form prescribed by the director to show amendments, deletions, and other changes to existing rules, for use in preparation of copy for the Administrative Rules of South Dakota;
(5)The rule and a certificate have been filed with the secretary of state. The certificate shall affirm that the rule filed is a true and correct copy of the rule as adopted and that the agency has complied with §1-26-4 or 1-26-5, and with this section; and
(6)For a permanent rule, the agency has appeared and presented the proposed rule to the Interim Rules Review Committee.
Certificates required by this section shall be affidavits executed, under oath, by the officers authorized by statute to promulgate the rule. If a rule is promulgated by a multi-member body, the certificate shall be signed by its presiding officer.
Emergency rules are provisionally effective immediately after being filed. Notwithstanding §15-6-6(a), all other rules are provisionally effective on the twentieth day after being filed, not counting the day of filing. In either case a later effective date may be specified as part of the rules being filed. A rule which is not yet effective or a provisionally effective rule may be suspended in the manner specified by §1-26-38 any time prior to the first day of July of the year following the year in which it became, or would have become, effective. The rule's provisional status ends at that time, and the rule may not thereafter be suspended by the rules committee. Unless suspended, a provisionally effective rule shall be enforced by the agency and the courts as if it were not so conditioned.
No rule promulgated after June 30, 1975, is valid unless adopted in compliance with §1-26-4 or 1-26-5, and this section and copies of the rule are made available to the public upon request, by the agency.
Source: SDC 1939, §§55.1203, 65.0106; SL 1966, ch 159, §§3, 4 (1); SDCL, §1-26-7; SL 1972, ch 8, §§7, 10, 12; SDCL Supp, §1-26-6.4; SL 1973, ch 9, §1; SL 1974, ch 16, §§5, 7; SL 1975, ch 16, §12; SL 1976, ch 15, §4; SL 1977, ch 13, §7; SL 1978, ch 13, §4; SL 1986, ch 20, §6; SL 1989, ch 16, §7; SL 1998, ch 9, §2; SL 2000, ch 4, §2; SL 2004, ch 22, §1.
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.