South Dakota Codified Laws
Chapter 26B - Termination And Legislative Review Of Administrative Rules
Section 1-26B-7 - Factors considered by committees in reviewing agency rules.

1-26B-7. Factors considered by committees in reviewing agency rules.
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 furnished to the committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from such information is adverse to the legislative intent inherent in the powers, duties, and functions as established in the rule-making authority of the agency, or is inconsistent with present or projected public demands or needs;
(2)The extent to which operation has been efficient and responsive to the public needs;
(3)The extent to which it has been encouraged that persons regulated report to the agency concerning the impact of rules and decisions regarding improved services, economy of service, or availability of service to the public;
(4)The extent to which the public has been encouraged to participate in rule- and decision-making as opposed to participation solely by persons regulated;
(5)Any other relevant criteria which the committee deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the rules and regulations of the agency.

Source: SL 1978, ch 18, §7; SL 1989, ch 18, §7.

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