54-13-2. Agricultural mediation program--Purposes--Administration.
The Department of Agriculture and Natural Resources shall administer an agricultural mediation program to:
(1)Provide mediation to borrowers and creditors seeking to resolve credit disputes;
(2)Provide federal land mediation to individuals or organizations seeking to mediate disputes with federal land management agencies concerning decisions made by those federal agencies; and
(3)Provide oil and gas mediation to individuals or organizations seeking to mediate disputes over surface damages related to oil or gas development.
The secretary of the Department of Agriculture and Natural Resources shall promulgate rules, pursuant to chapter 1-26, necessary for mediation, federal land mediation, and oil and gas mediation including the establishment of fees, training requirements for mediators and ag finance counselors and their certification, mediation request forms, and any other mediation procedures as may be necessary for the prompt and expeditious mediation of agriculture related disputes, including the receipt of funds pursuant to the Agricultural Credit Act of 1987, as of January 1, 2015.
The agricultural mediation program may not, as a condition to mediation, require that any party waive any respective legal or equitable remedies or rights.
Source: SL 1988, ch 384, §2; SL 1991, ch 394, §3; SL 2001, ch 259, §2; SL 2012, ch 236, §1; SL 2013, ch 241, §2; SL 2015, ch 203, §27; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 13 - State Farm Mediation Board
Section 54-13-1 - Definition of terms.
Section 54-13-2 - Agriculture mediation program--Purposes--Administration.
Section 54-13-4 - Staff services--Employment of director and other employees--Payment of expenses.
Section 54-13-6 - Contracts with state agencies, nonprofit corporations, or individuals.
Section 54-13-7 - Assistance to borrower or creditor.
Section 54-13-10 - Mandatory mediation--Requirements--Voluntary mediation.
Section 54-13-12 - Length of mediation period--Notice to borrower--Additional meetings.
Section 54-13-14 - State or federal time periods deemed to run concurrently.
Section 54-13-16 - Statement of waiver or failure to reach agreement deemed release.
Section 54-13-17 - Time limitation on waiver by borrower.
Section 54-13-19 - Other rights and duties, penalties, and actions not affected.
Section 54-13-20 - Mediator or ag finance counselor immunity from civil liability--Qualifications.