An interested person, other than an inmate as defined in § 1-15-20.1, may petition an agency requesting the promulgation, amendment, or repeal of a rule. The petition must contain the text or substance of any new rule or amendment sought, the identification of any rule sought to be repealed, reasons for the proposal, and the name and address of the petitioner. Within thirty days after submission of a petition, the agency shall deny the petition in writing, stating its reasons for the denial, or shall initiate rule-making proceedings in accordance with § 1-26-4. The agency shall serve a copy of any petition and denial on the members of the Interim Rules Review Committee and code counsel.
S.D. Codified Laws § 1-26-13
Petition for rules--Denial or initiation of proceedings--Copies to committee and code counsel
Known as the South Dakota Administrative Procedures Act
The act spans §§ 1–1 (109 sections).
Applied in 1 court decision — leading case Hengel, Berg & Associates v. State (1976)
Most recently applied in Hengel, Berg & Associates v. State (February 1976)
Source: SL 1966, ch 159, § 6; SL 1972, ch 8, § 18; SL 1975, ch 16, § 24; SL 1997, ch 12, § 2; SL 1999, ch 6, § 2; SL 2025, ch 9, § 21.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.