South Dakota Codified Laws
Chapter 27 - Public Records And Files
Section 1-27-43 - Form of notice of review--Office of Hearing Examiners' notice.

1-27-43. Form of notice of review--Office of Hearing Examiners' notice.
The following forms are prescribed for use in the procedures provided for in §§1-27-35 to 1-27-42, inclusive, but failure to use or fill out completely or accurately any of the forms does not void acts done pursuant to those sections provided compliance with the information required by those sections is provided in writing.



REQUEST FOR DISCLOSURE OF PUBLIC RECORDS




Name of Requestor: ________________________________________
Address of Requestor: ________________________________________
Telephone Number of Requestor: ________________________________________




______ Request for Specific Record
______ Estimate of Fees
______ Estimate of Time to Respond
Short Explanation of Review Being Sought Including Specific Records Requested:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________




Address of Public Record Officer: ________________________________________
Name of Governmental Entity: ________________________________________
Address of Governmental Entity: ________________________________________


You must include with the submission of this Notice of Review--Request for Disclosure of Public Records form the following information: (1) A copy of your written request to the public record officer; (2) A copy of the public record officer's denial or response to your written request, if any; and (3) Any other information relevant to the request that you desire to be considered.
I hereby certify that the above information is true and correct to the best of my knowledge.
Signature of Requestor: _____________________________________________________
The Notice of Review--Request for Disclosure of Public Records form shall be completed and submitted, via registered or certified mail, return receipt, to the following address:

Office of Hearing Examiners
500 E. Capitol Avenue
Pierre, South Dakota 57501
605-773-6811

SOUTH DAKOTA OFFICE OF HEARING EXAMINERS
NOTICE OF REQUEST FOR DISCLOSURE
OF PUBLIC RECORDS
TO: (Public Record Officer & Governmental Entity) ______________________________ has filed a Notice of Review--Request for Disclosure of Public Records. A copy of the Notice of Review--Request for Disclosure of Public Records is attached for your review.



You may file a written response to the Notice of Review--Request for Disclosure of Public Records within ten (10) business days of receiving this notice, exclusive of the day of service, at the following address:
Office of Hearing Examiners
500 E. Capitol Avenue
Pierre, South Dakota 57501
605-773-6811
The Office of Hearing Examiners may issue its written decision on the information provided and will only hold a hearing if it deems a hearing necessary.
If you have any questions, please contact the Office of Hearing Examiners.
Dated this ____ day of ________________, 20____.

___________________________

Office of Hearing Examiners

Source: SL 2008, ch 14, §11.

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.