South Dakota Codified Laws
Chapter 27 - Public Records And Files
Section 1-27-40.1 - Time for compliance with decision or appeal.

1-27-40.1. Time for compliance with decision or appeal.
If the office of hearing examiners enters a decision pursuant to §1-27-40 concluding that certain records shall be released or that the fee charged pursuant to §§1-27-35 and 1-27-36 was excessive, the public entity has thirty days after the opinion is issued to comply with the order or to file an appeal pursuant to §1-27-41.

Source: SL 2011, ch 11, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 1 - State Affairs and Government

Chapter 27 - Public Records And Files

Section 1-27-1 - Public records open to inspection and copying.

Section 1-27-1.1 - Public records defined.

Section 1-27-1.2 - Fees for specialized service.

Section 1-27-1.3 - Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt.

Section 1-27-1.4 - Denial letters to be kept on file.

Section 1-27-1.5 - Certain records not open to inspection and copying.

Section 1-27-1.6 - Certain financial, commercial, and proprietary information exempt from disclosure.

Section 1-27-1.7 - Certain drafts, notes, and memoranda exempt from disclosure.

Section 1-27-1.8 - Certain records relevant to court actions exempt from disclosure.

Section 1-27-1.9 - Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.

Section 1-27-1.10 - Redaction of certain information.

Section 1-27-1.11 - Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor.

Section 1-27-1.12 - Chapter inapplicable to Unified Judicial System.

Section 1-27-1.13 - Certain records not available to inmates.

Section 1-27-1.14 - Redaction of records in office of register of deeds not required.

Section 1-27-1.15 - Immunity for good faith denial or provision of record.

Section 1-27-1.16 - Material relating to open meeting agenda item to be available--Exceptions--Violation as misdemeanor.

Section 1-27-1.17 - Draft minutes of public meeting to be available--Exceptions--Violation as misdemeanor.

Section 1-27-1.18 - Recommendations, findings, and reports of appointed working groups to be reported in open meeting--Action by governing body.

Section 1-27-1.19 - Public access to records of former Governors and lieutenant governors.

Section 1-27-1.20 - Exempt records to be opened upon death or ten years after leaving office.

Section 1-27-1.21 - Right of former Governor and lieutenant governor to approve or deny release of exempt records.

Section 1-27-1.22 - Agreement for transfer of records to suitable repository.

Section 1-27-1.23 - Settlement agreements to be public records--Redaction of victim information--Temporary confidentiality for ongoing litigation.

Section 1-27-3 - Records declared confidential or secret.

Section 1-27-4 - Format of open record.

Section 1-27-4.1 - Format of written contracts--Storage with records retention officer or designee--Duration.

Section 1-27-4.2 - Availability of contract through internet website or database.

Section 1-27-9 - Records management programs--Definition of terms.

Section 1-27-10 - Records as property of state--Damage or disposal only as authorized by law.

Section 1-27-11 - Board to supervise destruction of records--State records manager as ex officio member--Permission required for destruction.

Section 1-27-11.1 - Direction and supervision of board by Bureau of Administration--Independent functions retained.

Section 1-27-12 - State records management program to be established.

Section 1-27-12.1 - Records management internal service fund.

Section 1-27-13 - Records management procedures proposed by state agencies.

Section 1-27-14.1 - Transfer of records by outgoing agency heads--Terminated agency records.

Section 1-27-14.2 - Transfer of jeopardized nonessential agency material to state archivist.

Section 1-27-15 - Destruction of nonrecord materials.

Section 1-27-16 - Rules, standards, and procedures.

Section 1-27-17 - Legislative and judicial records management programs.

Section 1-27-18 - Local records management programs.

Section 1-27-19 - Annual meeting to authorize destruction of political subdivision records--Record of disposition.

Section 1-27-20 - Common language used in public documents, records, and meetings--Official indigenous language.

Section 1-27-21 - Public document or record defined--Public meeting.

Section 1-27-22 - Application of English as common language requirement.

Section 1-27-24 - Effect of common language requirement on state employment.

Section 1-27-25 - Common language requirements not applicable to private activities.

Section 1-27-27 - Requesting information or data from a state agency.

Section 1-27-28 - Definition of terms.

Section 1-27-29 - Disclosure of information concerning private entity restricted.

Section 1-27-30 - Confidentiality of proprietary or trade information of private entity.

Section 1-27-31 - Circumstances allowing for disclosure of information concerning private entity.

Section 1-27-32 - Disclosure of confidential information as misdemeanor.

Section 1-27-34 - Unified Judicial System and Public Utilities Commission exempt from certain records procedures.

Section 1-27-35 - Informal requests for disclosure of records--Costs of retrieval or reproduction.

Section 1-27-36 - Estimate of retrieval and reproduction cost--Waiver or reduction of fee.

Section 1-27-37 - Written request for disclosure of records.

Section 1-27-38 - Civil action or administrative review of denial of written request or estimate of fees.

Section 1-27-39 - Response to notice of review.

Section 1-27-40 - Findings and decision of Office of Hearing Examiners.

Section 1-27-40.1 - Time for compliance with decision or appeal.

Section 1-27-40.2 - Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access.

Section 1-27-41 - Appeal.

Section 1-27-42 - Public record officer for the state, county, municipality, township, school district, special district, or other entity.

Section 1-27-43 - Form of notice of review--Office of Hearing Examiners' notice.

Section 1-27-44 - Restriction on internet use of social security numbers by state agencies and political subdivisions.

Section 1-27-45 - Searchable internet website for posting and access of public records and financial information.

Section 1-27-46 - Contracts to be displayed on searchable internet website.

Section 1-27-47 - Affordability of public access to electronic records database.

Section 1-27-48 - Documentation regarding information stored in electronic records system.